Loading...
HomeMy WebLinkAbout10/28/2008 - Regular October 28, 2008 733 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 28, 2008 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of October 2008. IN RE: CLOSED MEETING At 12:00 p.m., Supervisor Flora moved to go into closed meeting pursuant to the Code of Virginia Section 2.2-3711.A.1. consideration of prospective candidates for employment and the appointment of specific public officers, namely Clerk to the Board of Supervisors and County Administrator. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 12:00 p.m. until 12:55 p.m. October 28, 2008 734 IN RE: CERTIFICATION RESOLUTION R-102808-1 At 12:55 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 102808-1 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: WORK SESSIONS At 1:00 p.m., Chairman Flora called the meeting to order for the purpose of work sessions with all Board members present. October 28, 2008 735 1. Budget work session to review the impact of State budget reductions to the County, tentative budget scenarios, and review of year-to-date revenues. (John Chambliss, County Administrator; Brent Robertson, Director of Management and Budget) The work session was held from 1:00 p.m. until 2:00 p.m. with the following County staff present: John Chambliss, County Administrator; and Brent Robertson, Director of Management and Budget. Mr. Chambliss commented on the many challenges facing the United States and the County as a result of the slowing economy. He stated that historically the Roanoke area has not realized the sudden dramatic changes seen in other financial markets and areas of the country, and changes are generally less severe and felt at a slightly later time in this area. He advised that the number of sale transactions in the local real estate market has decreased by nearly 20 percent; however, the ratio of sales price to property values remains relatively stable. He advised that this area has not experienced the same level of foreclosures of real estate as other marketplaces. He reported that the sales tax numbers show an increase over comparable periods with the opening of several new businesses; however, reduced purchases are anticipated during the holiday season. He advised that staff remains cautiously optimistic about the budget for fiscal year 2008-2009; although staff has asked that departments prepare reductions of their operating budgets by 5 percent, 10 percent, and 15 percent and that October 28, 2008 736 the 5 percent reductions will be placed in a separate account in the event those funds are needed. He advised that the budgets for fiscal years 2009-2010 and 2010-2011 will be impacted by more substantial challenges. Mr. Chambliss reviewed the history of the State budget cuts. He advised that the County’s share of the State’s revenue shortfall for fiscal year 2008-2009 was $526,371; and for fiscal year 2009-2010, the County’s share will be $529,280. He stated that Governor Kaine will present additional reductions to be made to the State’s budget in mid-December 2008 for fiscal year 2009-2010; and based upon a preliminary estimate, the County’s share the reductions could be in the range of $1.5 million to $2.5 million. Mr. Robertson advised that the following items were considered when staff made their budget projections: (1) general economic assumptions, (2) real estate taxes, (3) personal property taxes, (4) sales taxes, and (5) interest rates. He referred to nd figures contained in the revenue summary 2 quarter projections for fiscal year 2007- 2008 and advised that staff is projecting a revenue shortfall of $1,746,106. He presented the information for fiscal years 2008-2009 through 2010-2011 as contained in the following summaries which were distributed to the Board with the agenda: (1) three- year revenue projections; (2) summary of three-year expenditure projections; and (3) expenditures scenarios. October 28, 2008 737 Mr. Chambliss reviewed the recommendations that staff established to deal with the budget challenges. He advised that two of these recommendations would be implemented at this time as follows: (1) a job bank system for vacancies to administratively review positions and look at deferring them; and (2) issue a Request for Proposals (RFP) for an energy audit to suggest improvements to reduce energy costs. 2. Work session on the Stormwater Management Program, maintenance, and review of the new drainage projects list for fiscal year 2008-2009. (Tarek Moneir, Deputy Director of Development) The work session was held from 2:05 p.m. until 2:30 p.m. with the following County staff present: Tarek Moneir, Deputy Director of Development; Butch Workman, Stormwater Operations Manager; George Simpson, County Engineer; and Kafi Naphlin, Civil Engineer. The Stormwater Management Program (SWM) was reviewed by staff via a PowerPoint presentation. Mr. Workman reviewed the five new projects that staff will request that the Board approve for inclusion in the SWM for fiscal year 2008-2009 at the afternoon meeting. He advised that these projects were prioritized according to adopted County policy and include the following: (1) P-323 Thirlane Road (construct adequate channel) $20,000; (2) P-324 Denise Circle (inadequate storm sewer) $25,000; (3) P-325 Brogan Lane (flood reduction) $175,000; (4) P-326 East Ruritan Road (construct adequate channel) $20,000; and (5) P-327 3350 Kenwick Trail (stabilize existing channel) $15,000. October 28, 2008 738 Mr. Simpson advised that while some stormwater ponds are being maintained properly by homeowners’ associations, there are many stormwater ponds that are not being maintained. He reviewed the regulations and procedures established in January 2008 which the County and homeowners associations must follow when building new stormwater ponds referred to as Best Management Practices (BMP’s). He reported on the procedures that the County should follow to maintain the approximately 350 existing stormwater ponds. Ms. Naphlin distributed a brochure that was developed by staff to educate citizens about stormwater facilities and maintenance requirements. There was discussion concerning the need for maintenance of the existing stormwater ponds and how this would affect County staffing and funding in the future. 3. Work session on the development of the Glenvar Community Plan (Route 11/Route 460 West). (Philip Thompson, Deputy Director of Planning) The work session was held from 2:30 p.m. until 2:40 p.m. Mr. Thompson gave a PowerPoint presentation which described the development of the Glenvar Community Plan. He advised that opportunities for growth and development in this area of the County are provided by the construction of the regional jail, the location of an intermodal facility at nearby Elliston, the revised Master Plan and infrastructure construction at the Center for Research and Technology, the widening of Route 11/Route 460, along with existing public water and sewer lines and Interstate 81. He advised that there will be community involvement throughout the October 28, 2008 739 process which is anticipated to be completed in May or June 2009. He reported that staff is planning to conduct future planning studies for the Peters Creek Road Area and the Windsor Hills Community Plan during the third or fourth quarters of 2009. 4. Work session and overview of energy and efficiency suggestions and staff recommendations. (John Chambliss, County Administrator; Anne Marie Green, Director of General Services) Chairman Flora announced that the following work session would be delayed and held as the first work session on the afternoon agenda. IN RE: RECESS Chairman Flora recessed the meeting at 2:40 p.m. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. “Butch” Church, Joseph P. McNamara, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer October 28, 2008 740 IN RE: OPENING CEREMONIES The invocation was given by Kevin Hutchins, Roanoke County Treasurer, who is a member of Calvary Memorial Church. The Pledge of Allegiance was recited by all present. IN RE: NEW BUSINESS 1. Request to accept and appropriate grant funds in the amount of $104,000 from the Virginia Department of Transportation for fiscal year 2008-2009 Transportation Enhancement Program to help finance the construction of the Eastern Section of the Roanoke River Greenway and appropriation of $26,000 in matching funds. (Pete Haislip, Director of Parks, Recreation, and Tourism; Janet Scheid, Greenway Planner) A-102808-2 Ms. Scheid advised that the Department of Parks, Recreation and Tourism has been awarded a fiscal year 2008-2009 Transportation Enhancement Program (TEA-21) Grant for the Eastern Section of the Roanoke River Greenway in the amount of $104,000. She stated that this grant will partially fund engineering and right-of-way acquisitions for the greenway located in eastern Roanoke County. She reported that this section of the Roanoke River Greenway project is approximately five miles long and runs from the Roanoke City line near the Waste Water Treatment Plant to Explore Park. She advised that the total cost of this project is estimated to be approximately $5 million October 28, 2008 741 to $6 million which includes costs associated with trail construction, bridges, retaining walls, boardwalks in wet areas, and other recreational amenities. She stated that the TEA-21 grant funds are the largest and to date most reliable source of funding for major greenway projects and require a 20 percent match as is the case with most State and Federal grants. She advised that it is expected to take several grants and at least five years to complete this section of the Roanoke River Greenway. Ms. Scheid advised that staff’s recommendation is to accept and appropriate the grant award of $104,000 from the Virginia Department of Transportation and appropriate the matching funds of $26,000 from either of the following: (a) unspent monies in the Capital Improvement Incentive Fund (CIIF) of the Department of Parks, Recreation and Tourism; (b) the Board Contingency; or (c) the minor capital reserve account. She stated that staff recommends appropriating the matching funds from the unspent monies in the CIIF of the Department of Parks, Recreation and Tourism. Supervisor Altizer advised that he thought it was a good start to have funds coming in to begin the acquisitions of right-of-ways to build the greenway. He advised that he read recently that Roanoke City is also applying for some grants for the greenway on the other side of the Roanoke River. Ms. Scheid concurred that this was being done. October 28, 2008 742 Supervisor Altizer moved to approve staff recommendation (Alternative 1 (a) accept and appropriate the grant in the amount of $104,000 and appropriate $26,000 matching funds from the Capital Improvement Incentive Fund (CIIF) of the Department of Parks, Recreation and Tourism.) The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2. Request to adopt resolution of support to submit a grant application to the Virginia Department of Transportation for a fiscal year 2009-2010 Transportation Enhancement Program Grant to help finance the construction of the Eastern Section of the Roanoke River Greenway. (Pete Haislip, Director of Parks, Recreation and Tourism; Janet Scheid, Greenway Planner) R-102808-3 Ms. Scheid advised that the total cost of the greenway project would be approximately $5 million to $6 million, and staff wants to apply for an additional TEA-21 grant to supplement the $104,000 grant already received. She reported that for fiscal year 2009-2010, staff recommends applying for an additional TEA-21 grant in the amount of $276,800 which is 80 percent of the remaining Phase 1 project costs. She stated that the grant funds already allocated plus these additional funds, if awarded, would go towards engineering and design and land acquisition along the greenway October 28, 2008 743 route. She reported that matching funds of $69,200 will be required with half of that amount coming from in-kind services, and donated real estate. She advised that staff recommends adopting the resolution in support of the fiscal year 2009-2010 Transportation Enhancement Grant to the Virginia Department of Transportation for the Eastern Section of the Roanoke River Greenway. There was no discussion of this item. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 102808-3 OF SUPPORT TO SUBMIT A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR A FISCAL YEAR 2009-2010 TRANSPORTATION ENCHANCEMENT PROGRAM GRANT TO HELP FINANCE THE CONSTRUCTION OF THE EASTERN SECTION OF THE ROANOKE RIVER GREENWAY WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the Board of Supervisors of Roanoke County in order that the Virginia Department of Transportation program an enhancement project in Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. That in 2008 the Commonwealth Transportation Board established a project for the construction and development of approximately 5 miles of the Roanoke River Greenway in eastern Roanoke County from the Roanoke City line to Virginia’s Explore Park and funded that project in the amount of $104,000. 2. That the costs associated with the first phase of the project (which will include project design, engineering and permitting, and private land acquisition along the proposed greenway corridor) are estimated to be $450,000. Roanoke County is requesting additional grant funding in the amount of $276,800 which is 80 percent of the remaining estimated cost of the first phase of this project ($450,000 - $104,000 = October 28, 2008 744 $346,000 x 80% = $276,800). Roanoke County hereby agrees to pay matching funds of $69,200 which is 20 percent of the remaining estimated project cost. 3. That Roanoke County will provide 50 percent of the matching funds which is $34,600. The remaining 50 percent of the matching funds will come from in-kind services, donated real estate within the greenway corridor, and matching funds provided by other sources. 4. That if Roanoke County subsequently elects to cancel this project the County hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 3. Request to approve holiday schedule for calendar years 2009 and 2010. (Joe Sgroi, Director of Human Resources) A-102808-4 Mr. Sgroi advised that this is a request to approve the County’s 2009-2010 holiday schedules. He advised that in the past, the Board has used the Columbus Day floating holiday to close the County offices the day after Christmas. He stated that this year, Christmas Day is on Thursday, and the County is closed on Friday, December 26, 2008, using the Columbus Day floating holiday which was approved by the Board on November 14, 2006. Mr. Sgroi advised that staff is suggesting that the Board use the 2009 Columbus Day floating holiday for Friday, January 2, 2009, the day after New Year’s which will give employees a long weekend on what usually is a slow business day in the holiday week and save on energy, lights, and utilities. He also noted that State offices will be officially closed on Friday, January 2, the day after New Year’s. He stated that in October 28, 2008 745 2010, the Columbus Day holiday can return to its normal floating holiday status since New Year’s Day will be Friday; Christmas Day is Saturday; and the County will be closed for Christmas on Friday, December 24. Mr. Sgroi advised that staff recommends that the Board use the 2009 Columbus Day floating holiday for Friday, January 2, 2009, and approve the 2009-2010 holiday schedules. There was no discussion of this item. Supervisor Church moved to approve the staff recommendation (use the 2009 Columbus Day floating holiday for Friday, January 2, 2009, and adopt the 2009- 2010 holiday schedules). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 4. Request to adopt the stormwater management project list for fiscal year 2008-2009. (Arnold Covey, Director of Community Development) A-102808-5 Mr. Covey advised that the Board held a work session earlier today to discuss the project list. He stated that staff is requesting that the Board approve Project 323 through Project 327 for inclusion in the Stormwater Management Program for fiscal year 2008-2009. He advised that funding is anticipated in fiscal year 2009-2010. October 28, 2008 746 Supervisor Church inquired if Mr. Covey was requesting approval for all of these projects at this time. Mr. Covey advised that staff is requesting that the Board approve Project 323 through Project 327 to be added to the Stormwater Management Program due to the length of time it takes to get a project from the study phase to actual construction. Supervisor Church moved to approve the staff recommendation (approve the additional drainage projects, Project 323 through Project 327, for inclusion into the Stormwater Management Program). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Flora moved to approve the first readings and set the second readings and public hearings for November 11, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 1. First reading of an ordinance upon the petition of Theodore J. Foster to obtain a Special Use Permit in an R-1, Low Density Residential District, for the purpose of constructing a private stable on 5.801 acres located at 4535 Red Barn Lane, Vinton October 28, 2008 747 Magisterial District (continued from the April 1, 2008, Public Hearing) 2. First reading of an ordinance upon the petition of American Electric Power to rezone 13.103 acres from C-1C, Office District with Conditions, to I-2C, High Intensity Industrial District with Conditions, for the purpose of constructing a construction yard located at the 1800 block of Loch Haven Drive, Catawba Magisterial District 3. First reading of an ordinance upon the petition of Faith Fellowship Church to obtain a Special Use Permit in a C-2, General Commercial District, for the purpose of Religious Assembly on 1.0 acre located at 4108 Electric Road, Cave Spring Magisterial District 4. First reading of an ordinance upon the petition of James R. Cherney to rezone approximately 4.75 acres from R-3C, Medium Density Multi-Family Residential District with Conditions, to C-1C, Office District with Conditions, for the purpose of constructing an office building located between the 2300 block and 2400 block of Electric Road and 2315 Bridle Lane, Windsor Hills Magisterial District October 28, 2008 748 5. First reading of an ordinance upon the petition of JJDR Company, LLC to rezone 1.13 acres from a C-1C, Office District with Conditions, to a C-2, General Commercial District for the purpose of conducting personal improvement services located at 1919 Electric Road, Windsor Hills Magisterial District IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance amending Section 30-22-1, Civil Penalties, and Section 30-91-2, General Regulations for Parking, of the Roanoke County Zoning Ordinance. (Philip Thompson, Deputy Director of Planning; Paul Mahoney, County Attorney) Ordinance Mr. Thompson advised that currently the Roanoke County Zoning Ordinance allows the parking of recreational vehicles behind the front building line. He stated that the issue with corner lots is that these lots are considered to have two front building lines. He advised that the proposed amendment would limit corner lots to one front building line for this section of the Zoning Ordinance only. He stated that after discussions with the Zoning Administrator and County Attorney, it was decided to suggest that the Board consider amending the civil penalties section of the ordinance for a more efficient method of enforcement. He advised that the Board referred this matter to the Planning Commission in April 2008, and that the Planning Commission did not recommend a change to this provision of the ordinance. He stated that the Board October 28, 2008 749 requested in September 2008 that staff move forward with the ordinance. He advised that the Planning Commission will hold a public hearing on the proposed amendments to the ordinance on November 3, 2008, and that the second reading and public hearing of the proposed amendments will be held on November 11, 2008. Supervisor Flora advised that approval of the first reading of this ordinance is procedural and refers the matter to the Planning Commission for their consideration and recommendation. He advised that the Planning Commission will hold a public hearing on the amendments. There was no discussion of this item. Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for November 11, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance to approve a lease agreement with the Ida Mae Holland Trust for land adjacent to the Read Mountain Preserve. (Janet Scheid, Greenway Planner) O-102808-6 Ms. Scheid advised that there have been no changes to this ordinance since the first reading was held on October 14, 2008. She reported that the lease has October 28, 2008 750 been approved by the Ida Mae Holland Trust, and they are waiting for the Board’s approval of the agreement. Supervisor Flora commended Ms. Scheid on the ribbon cutting which was held recently and advised that there was a huge turnout for this special event. There was no discussion of this item. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 102808-6 APPROVING A LEASE AGREEMENT WITH THE IDA MAE HOLLAND TRUST OF LAND ADJACENT TO THE READ MOUNTAIN PRESERVE (TAX MAP NO. 028.00-01-09.00) IN THE HOLLINS MAGISTERIAL DISTRICT FOR PURPOSES OF PUBLIC ACCESS WHEREAS, the Ida Mae Holland Trust is the owner of parcel of real estate located primarily on the Hollins side of Read Mountain adjoining the Read Mountain Preserve, composed of approximately 250 acres, owned by the Board of Supervisors of Roanoke County (Tax Map No. 039.00-01-01.05); and WHEREAS, trails on Read Mountain constructed by volunteers with the Read Mountain Alliance with the permission of the property owners cross back and forth between these two adjoining properties by following the natural contours and not necessarily the surveyed property boundaries; and WHEREAS, it would serve the public interest for the County and its citizens to have unimpeded legal access to the entire trail system on the Read Mountain Preserve as it now exists, including access to Buzzards Rock, and to permit trail improvements in the future; and WHEREAS, the trustee of the Ida Mae Holland Trust has graciously agreed to rent to the County for a nominal fee so much of this adjoining parcel (Tax Map No. 028.00-01- 09.00) as designated on the attached sketch map identified as Exhibit “A”, attached hereto; and October 28, 2008 751 WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on October 14, 2008; and the second reading was held on October 28, 2008. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or his designee is hereby authorized to execute a lease agreement with the Ida Mae Holland Trust for that portion of real estate adjoining the Read Mountain Preserve as indicated on Exhibit “A”, attached hereto, from October 28, 2008 and continuing for one year until October 27, 2009; thereafter, this lease is subject to annual renewals, for a yearly rental of $1. 2. That the County Administrator or his designee is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: APPOINTMENTS 1. Blue Ridge Behavioral Healthcare Chairman Flora advised that the three-year term of Rita Gliniecki, Roanoke County member of the Blue Ridge Behavioral Healthcare (BRBH) Board of Directors, will expire on December 31, 2008. Ms. Gliniecki is not eligible for reappointment as she has served three consecutive terms. Chairman Flora advised that this was not a district appointment, and that Ms. Gliniecki and BRBH have recommended the appointment of Pastor Keith Beasley, Good Shepherd Lutheran Church. It was the consensus of the Board to appoint Keith Beasley and place confirmation of his appointment on the consent agenda. October 28, 2008 752 2. Library Board (appointed by district) There was no information given on this appointment 3. Roanoke County Planning Commission (appointed by district) Chairman Flora advised that the four-year term of David Radford, Windsor Hills Magisterial District, will expire on December 31, 2008. He stated that Mr. Radford was appointed on November 13, 2007, to complete the unexpired portion of the term left vacate by the death of Al Thomason. Chairman Flora advised that this appointment needs to be made in December 2008. 4. Social Services Advisory Board (appointed by district) There was no information given on this appointment 5. Western Virginia Regional Jail Authority Chairman Flora advised that the following one-year terms will expire on December 31, 2008: (1) Michael W. Altizer, elected representative; (2)Joseph B. “Butch” Church, alternate elected representative; (3) John M. Chambliss, administrative official; and (4) Diane D. Hyatt, alternate administrative official. Chairman Flora requested that the Clerk keep these appointments on the agenda and that the Board members should make the appointments in December 2008. October 28, 2008 753 IN RE: CONSENT AGENDA R-102808-7; R-102808-7.b Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 102808-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for October 28, 2008 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes – October 14, 2008 2. Request for donation of a surplus vehicle to the Town of Pulaski, Virginia 3. Resolution to approve the conditions of the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for fiscal year 2008-2009 and to allow participation by the City of Salem 4. Confirmation of committee appointment That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 102808-7.b TO APPROVE THE CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT (VJCCCA) GRANT FOR FISCAL YEAR 2008-2009 AND TO ALLOW PARTICIPATION BY THE CITY OF SALEM October 28, 2008 754 WHEREAS, the County of Roanoke has participated in the Virginia Juvenile Community Crime Control Act (VJCCCA) program in the past allowing the Court Service Unit to provide direct services, treatment programs, substance abuse services and probation activities associated with the Juvenile Court; and WHEREAS, through the Life Skills Mentoring Program of the Roanoke County Court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services, and WHEREAS, the Court Services Unit of the Juvenile Court serves the youth of both the County of Roanoke and the City of Salem, and WHEREAS, the Court Services Unit desires to provide services through the Life Skills Mentoring Program to serve the youth of both the County of Roanoke and the City of Salem utilizing the funding from the VJCCCA grant and other appropriate funds. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, will participate in the Virginia Juvenile Community Crime Control Act for Fiscal Year 2008-2009 and will accept said funds, appropriating them for the purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing, that it no longer wishes to participate in the program. BE IT FURTHER RESOLVED that the County Administrator or the Assistant County Administrator is hereby authorized to execute a local plan on behalf of the County of Roanoke and City of Salem; and BE IT FURTHER RESOLVED that the County of Roanoke will combine services and grant resources with the City of Salem, and the County, as operator of the Life Skills Mentoring Program, will serve as fiscal agent for these localities. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None October 28, 2008 755 1General Fund Unappropriated Balance . 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid – September 2008 5. Statement of expenditures and estimated and actual revenues for the month ended September 30, 2008 6. Report of claims activity for the self-insurance program 7. Proclamations signed by the Chairman IN RE: CLOSED MEETING Chairman Flora advised that the following item was being removed from the closed meeting: pursuant to the Code of Virginia Section 2.2-3711.A.1. consideration of prospective candidates for employment and the appointment of specific public officers, namely Clerk to the Board of Supervisors and County Administrator. There were no objections. Mr. Mahoney announced and asked that it be reflected in the minutes that the Board will be going into closed meetings solely for the purpose of interviewing candidates for the position of County Administrator at undisclosed locations within the next 15 days, as provided in the Code of Virginia, Sections 2.2-3711.A.1 and 2.2- 3712.B. October 28, 2008 756 At 3:30 p.m., Supervisor Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711.A.29. discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County, namely, an economic development performance agreement with Core-Hollins Hospitality, LLC. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE . WORK SESSIONS 1.Work session and overview of energy and efficiency suggestions and staff recommendations. (John Chambliss, County Administrator; Anne Marie Green, Director of General Services) The work session was held from 3:40 p.m. until 4:00 p.m. with the following County staff present: John Chambliss, County Administrator; and Anne Marie Green, Director of General Services. Mr. Chambliss and Ms. Green reviewed with the Board the unprioritized list of energy and efficiency suggestions from employees as compiled by the County’s Energy Committee. Ms. Green advised that some of the suggestions have been implemented where practical, and staff will continue to study and work with the other suggestions. Mr. Chambliss advised that staff is finalizing plans to study two significant October 28, 2008 757 changes which include: (1) a Request for Proposals (RFP) for an energy audit for County’s facilities; and (2) allowing the Police Department to conduct a three-month trial to convert the patrol staff from a 5 day 8.5 hour shift to 4 day 10 hour shift system. He advised that the Police Department would return to its current schedule if the system does not prove successful. 2. Work session on joining the Virginia Association of Counties/Virginia Municipal League (VACo/VML) Other Post Employment Benefits (OPEB) Trust. (Diane Hyatt, Chief Financial Officer) The work session was held from 4:00 p.m. until 4:20 p.m. with the following County staff present: Diane Hyatt, Chief Financial Officer; and Paul Mahoney, County Attorney. Ms. Hyatt advised that in May 2008, the Board approved changes effective January 1, 2009, to the retiree health insurance benefit due to the financial impact of Governmental Accounting Standards Board’s Statement 45 (GASB 45). Ms. Hyatt advised that Burman Clark, Muneris, has been selected to advise eligible retirees on Medicare health insurance plans. She stated that Mr. Clark has already held a series of meetings with Medicare eligible retirees and has received favorable responses. October 28, 2008 758 Ms. Hyatt advised that the County has the option of investing these annual contributions in a trust rather than retaining the funds in the County’s accounts. She reported that the General Assembly in its 2007 session did not approve legislation for a Virginia Retirement System (VRS) trust; however, this legislation will be presented again this year. Mr. Mahoney provided information concerning the legislation for the VRS trust and advised that it could be made part of the Board’s legislative initiatives for 2009. Ms. Hyatt advised that the County could create a trust, but this would require hiring people to establish it. Ms. Hyatt provided information about the advantages and disadvantages of establishing and joining a trust. She advised that the General Assembly has already adopted legislation that a locality must establish a local finance board to manage its trust. She reported on the process that must be followed to join the VACo/VML Trust and advised that this must be finalized by June 30, 2009. She stated that the Board could decide to wait until it is determined if the VRS trust will be approved by the General Assembly before moving forward with any action. Supervisor Flora suggested that he thought it would be preferable to wait and compare the two trusts in order for the County to receive the best benefits. No objections were made to waiting to decide until more information is received. October 28, 2008 759 2. Work session to review the status of the South County Library Project and the Merriman Roundabout. (Diane Hyatt, Chief Financial Officer) The work session was held from 4:20 p.m. until 4:30 p.m. with the following County staff present: Diane Hyatt, Chief Financial Officer; and Diane Rosapepe, Director of Libraries. Ms. Rosapepe reported that the bids received for the South County Library were significantly above the project’s $18 million budget. She advised that staff has been working with the construction management for the project, architects, and bidders to identify the areas in the bid over budget and to determine a course of action. She advised that they have already identified approximately $6 million of ideas for cost savings. She stated that since the bid was 10 percent over budget, the project must be re-bid; and before it can be re-bid, there will be a period of re-design and modification to the specifications. She advised that staff is anticipating that this re-bid will add approximately six months to the project schedule. Ms. Hyatt advised that the design for the Merriman Roundabout which will be the entrance to the library is about 75 percent complete, and the architects have provided a preliminary estimate for construction costs of $1.5 million. She reported that the cost of the roundabout was not included in the library budget and that the Board has already set aside funding of $500,000. She advised that the cost for construction of the roundabout is higher than anticipated due to numerous requirements from the Virginia October 28, 2008 760 Department of Transportation and the extensive fill needed to level the area. She advised that because of the delay in the library’s construction, the roundabout project will now fit into the fiscal year 2009-2010 revenue sharing fund cycle. IN RE: CLOSED MEETING The closed meeting was held from 4:30 p.m. until 5:00 p.m. IN RE: CERTIFICATION RESOLUTION R-102808-8 At 7:00 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 102808-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board of Supervisors of Roanoke County, Virginia. October 28, 2008 761 On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: NEW BUSINESS 1. Request to approve an agreement with Front Street Construction, Inc. and Old Towne Development, LLC. and the Village at Stone Creek Homeowners’ Association to resolve pending litigation concerning the Wolf Creek Planned Community. (Paul Mahoney, County Attorney) A-102808-9 Mr. Mahoney advised that in 1995 the Board created an ordinance establishing the County’s first planned residential development (PRD) known as Wolf Creek. He advised that the County amended the PRD by ordinance in 1997. He reported that the original developers of the PRD sold a portion of the overall project to Front Street Construction, Inc. and Old Towne Development, LLC. He advised that over the years many of the promised improvements and amenities granted under the PRD were not constructed or installed. He advised that in January or February 2008, the Board authorized the County Attorney to institute litigation proceedings against Front Street Construction, Inc. and Old Towne Development, LLC to compel compliance with the PRD conditions. He stated that after the litigation was filed, staff was able to negotiate an agreement with the developers and the Village at Stone Creek Homeowners’ Association, Inc. to secure a consensus on the methods of compliance October 28, 2008 762 with the proffered conditions and to avoid the costs, delays, and uncertainties of litigation. He stated that if the Board approves this agreement, the pending litigation will be dismissed. He advised that while the agreement successfully resolves the litigation and addresses many of the concerns of the citizens who purchased homes in the Village at Stone Creek, it does not accomplish all of their goals or provide that all of the amenities will be installed. Mr. Mahoney advised that a copy of the proposed agreement was provided with the agenda, and he reviewed the following provisions in the agreement: (1) that the developers of the two phases of the Village at Stone Creek will turn over governing control of the development to the homeowners’ association; (2) that the developers will pay a sum of money to the County which will be held in escrow for the homeowners’ association to compensate it for amenities promised under the PRD but not installed and to reimburse it for the installation of amenities consistent with the PRD; (3) that the developers will convey to the County open space real estate (the County in turn will convey said real estate to the homeowners’ association); (4) that the County will consider amendments to the PRD (eliminating certain conditions previously accepted); (5) that the homeowners’ association will complete its work within a defined timetable; (6) that the developers will be released from further liability or responsibility for past failure to comply with the PRD conditions; and (7) that the homeowners’ association agrees to and supports this agreement. October 28, 2008 763 Mr. Mahoney advised that Supervisor Altizer attended numerous meetings with the citizens, County staff, and the developers during the past year, and he expressed appreciation for the assistance of Supervisor Altizer; David Holladay, Zoning Administrator; Megan Cronise, Planner II; and the citizens who worked through the issues. He advised that hopefully the proposed agreement will satisfy the concerns of most of the people who live in the area. He thanked Mike Kennedy, Town of Vinton Engineer, for getting the defects in the sewer work corrected, inspected, and accepted by the Town of Vinton. He also thanked the developer, Mr. Corkery, for his assistance. Mr. Mahoney requested that the Board accept the payment of $30,000 to be held in escrow by the County and distributed as provided in the agreement and as the approved amenities are installed. He advised that there is no direct fiscal impact although significant staff time and resources will be required to complete and implement this agreement. Mr. Mahoney requested that the Board authorize the County Administrator to execute this agreement on behalf of the County. The following citizens spoke in support of the Board’s approval of the agreement: Joe Sailor, 2445 Sweet Bay Circle, Vinton; and Wes Ruyon, 2307 Green Knoll Lane. Mr. Sailor and Mr. Ruyon expressed their appreciation to everyone who were involved in developing the agreement and especially for the efforts of Supervisor Altizer. October 28, 2008 764 Supervisor Church expressed his gratitude to Supervisor Altizer for the considerable amount of time that he invested with the citizens and the Board on this issue. He stated that the Board report mentioned that Mr. Mahoney would be authorized to make modifications to the agreement if they did not alter essential elements and asked if Mr. Mahoney saw any immediate need for modifications to the agreement. Mr. Mahoney advised that when the Board report was drafted, staff was still in negotiations concerning the agreement; however, at this time he advised that there are no substantive changes necessary. Supervisor McNamara expressed appreciation to staff for their assistance and stated that Supervisor Altizer did a nice job of representing the citizens and the Board on this issue. Supervisor Altizer advised that his hope is that this agreement will assist with a healing process and return the neighborhood to a place of friends and not divisions. He stated that he appreciates the thanks given to him and the Board members; however, he felt the thanks should go to the citizens who have been professional, caring, and understanding during the process. He stated that the Board has already discussed the need for construction standards and certifications for private roads as well as bonds for amenities to ensure that those amenities will be installed when they should be and not years later. He advised that this was the first PRD for the County; and while the plan did not work properly, he hoped that the citizens realized that their government tried to rectify the problems to make a bad situation better. October 28, 2008 765 Supervisor Altizer advised that had received an email from Mr. Kennedy with the Town of Vinton Utility Department starting that the water and sewer lines will be accepted into the Town’s system. Supervisor Altizer advised that this acceptance by the Town of Vinton should relieve the citizens’ anxiety about whether those lines could become their responsibilities. He advised that the State legislators could enact laws that allow homeowners’ associations to assume the financial operations of their associations quicker to be accountable for their own money. He recommended that the Board approve the agreement. He stated that while everyone in the Village at Stone Creek did not vote for approval of the agreement, he believes that the peace of mind this agreement brings will be worth more than the struggle to continue the strife. He advised that it is his hope that this agreement will allow the citizens time to plan their neighborhood and stated that control of the neighborhood now lies in the hands of the citizens in the area. Chairman Flora requested that Supervisor Altizer make his recommendation in the form of a motion. Supervisor Altizer moved to approve the staff recommendation (approve the proposed agreement). Supervisor Flora advised that the Board had visited the site and tried to work through the issues; however, since they could not reach an agreement, the Board authorized the County Attorney to go forward with the litigation. He advised that the Board does not want to be in litigation with anyone for any reason. He advised that he was delighted that the issue had been resolved with the majority of the citizens in October 28, 2008 766 agreement; and he commended the County staff, Supervisor Altizer, and the citizens for their perseverance and patience during the negotiations. Supervisor Altizer’s motion to approve the staff recommendation carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Second reading of an ordinance upon the petition of Starkey Medical, PC to modify existing proffered conditions in a C-1C, Office District with Conditions, on 1.241 acres located at 5681 Starkey Road, Cave Spring Magisterial District. (Philip Thompson, Deputy Director of Planning) O-102808-10 Mr. Thompson advised this is a request to modify existing proffered conditions on property located on Starkey Road. He advised that in 1989 when this property was rezoned from residential to commercial use, conditions were proffered which limited the size of the operation and the existing building, and in 2001 this property was modified slightly to allow for a smaller expansion. He advised that the Board is now being asked to amend those proffered conditions since the applicant wants to make a significant expansion to the existing building. October 28, 2008 767 Mr. Thompson stated that the existing building is approximately 1,300 square feet and the total square footage including the existing building will be more than 8,000 square feet. He advised that 5,600 square feet will be used for medical offices, 2,464 square feet for general offices, and the new expansion is approximately 6,700 square feet. He reported that the petitioner plans to utilize the existing entrance on Starkey Road and there will be 37 parking spaces as required as part of the expansion. He stated that the existing access on the property that serves a single family residence will not be used for office use; that lighting on the property will be limited to 15-foot poles; that only one exterior light is planned; and that there will be a 30-foot buffer along the rear property line. He advised that since most of the property is located in either the floodplain or floodway, Butch Workman, Drainage Engineer Manager, has notified the petitioner of the need to revise the map of the area to determine if there are any changes to the floodplain and floodway. Mr. Thompson reviewed the surrounding zoning designations and stated that this site in the County’s comprehensive plan is designated as Core, and it is immediate adjacent to parcels designated as neighborhood conservation. He advised that the petitioner has designed the project to be friendly to the neighborhood conservation theme. Mr. Thompson advised that the Planning Commission held a public hearing on September 2, 2008, and on October 7, 2008, to receive additional information about issues raised by a property owner concerning screening along the October 28, 2008 768 rear property line and the use of the access easements. He stated that the Planning Commission at their October 7, 2008, meeting had questions regarding signage and sign lighting; however, they recommended approval of the petition by a vote of five to zero with the amended proffered conditions. Mr. Thompson reviewed the following seven proffered conditions. (1) The property shall be developed in substantial conformance with the site plan prepared by Craighead and Associates, dated September 29, 2008. (2) No more than 5,600 square feet of medical office shall be constructed, and no more than 2,464 square feet of general office shall be constructed including the existing structure. (3) The proposed building shall be constructed in substantial conformance with the Starkey Road Elevation (East) prepared by Craighead and Associates, dated August 10, 2008. (4) The proposed landscaping shall be constructed in substantial conformance with the Landscape Plan prepared by Craighead and Associates, dated September 29, 2008. (5) If a new freestanding sign is proposed, it shall be monument in style, and constructed with materials to compliment the proposed building elevation. The monument sign shall not exceed ten (10) feet in height and contain no more than fifty (50) total square feet. (6) All exterior lighting poles shall not exceed fifteen (15) feet in total height inclusive of the base. (7) The proposed uses on-site shall be limited to General Office, Medical Office, Business or trade schools and Guidance Services. October 28, 2008 769 Supervisor Moore inquired about the landscaping plan and asked if Mr. Craighead was going to leave the existing trees. Mr. Thompson advised that according to the application, it appears that the petitioner will be utilizing some of the existing vegetation in the landscaping plan and stated that the petitioner has included 1,800 square feet of canopy coverage which is exclusive of the maple trees in front. He advised that he believes that the petitioner plans to leave the existing trees along the back and side property lines and enhance them with understory trees. There was no discussion and no citizens present to speak on this item. Supervisor Moore expressed appreciation to Mr. Thompson; Chris Patriarca, Planner I; County staff; and the Planning Commission for doing such a good job working with the neighbors to make sure that all of their needs were met. Supervisor Moore moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 102808-10 TO MODIFY EXISTING PROFFERED CONDITIONS IN A C-1C, OFFICE DISTRICT WITH CONDITIONS, ON 1.241 ACRES LOCATED AT 5681 STARKEY ROAD (TAX MAP NO. 87.18-1-40), CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF STARKEY MEDICAL, PC WHEREAS, the first reading of this ordinance was held on August 26, 2008, and the second reading and public hearing were held October 28, 2008; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2008 and October 7, 2008; and WHEREAS, legal notice and advertisement has been provided as required by law. October 28, 2008 770 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the proffered conditions in a C-1C, Office District with Conditions, on a certain tract of real estate containing 1.241 acres, as described herein, and located at 5681 Starkey Road (Tax Map Number 87.18-1-40) in the Cave Spring Magisterial District, are hereby amended as set out below. 2. That this action is taken upon the application of Starkey Medical, PC. 3. That the owner of the property has voluntarily proffered in writing the following amended conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property shall be developed in substantial conformance with the site plan prepared by Craighead and Associates, dated September 29, 2008. (2) No more than 5,600 square feet of medical office shall be constructed, and no more than 2,464 square feet of general office shall be constructed including the existing structure. (3) The proposed building shall be constructed in substantial conformance with the Starkey Road Elevation (East) prepared by Craighead and Associates, dated August 10, 2008. (4) The proposed landscaping shall be constructed in substantial conformance with the Landscape Plan prepared by Craighead and Associates, dated September 29, 2008. (5) If a new freestanding sign is proposed, it shall be monument in style, and constructed with materials to compliment the proposed building elevation. The monument sign shall not exceed ten (10) feet in height and contain no more than fifty (50) total square feet. (6) All exterior lighting poles shall not exceed fifteen (15) feet in total height inclusive of the base. (7) The proposed uses on-site shall be limited to General Office, Medical Office, Business or trade schools and Guidance Services. 4. That said real estate is more fully described as follows: Beginning at a point on the westerly side of Starkey Road, Virginia Secondary Route 904 at the southeasterly corner of the property now or formerly known as the Baptist Parsonage; thence with the westerly side of Starkey Road South 24° 16’ West 154 feet to a point in the center of a dry branch; thence leaving Starkey Road North 73° 30’ West 310.6 feet to a point; thence North 21° 37’ East 191.75 feet to a point; thence South 66° 33’ East 316.6 feet to the point of beginning. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. October 28, 2008 771 On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2. Second reading of an ordinance upon the petition of Mel Wheeler, Inc. to obtain a Special Use Permit in an AG-3, Agricultural/Rural Preserve District, for the construction of a 170-foot broadcast tower on 3.06 acres located at 8131 Honeysuckle Road, Windsor Hills Magisterial District. (Philip Thompson, Deputy Director of Planning) O-102808-11 Mr. Thompson advised this is a request to approve construction of a 170- foot lattice broadcast tower to be located on top of Poor Mountain. He stated that the tower will have a matte finish and will not be lighted; however, the final decision on these issues will be made by the Federal Aviation Association (FAA). He advised that there is an existing 188-foot tall broadcast tower and a new transmitter building on the site. He stated that the application states that the new broadcasting tower is required due to the reallocation of existing radio call signs and that the new tower will provide NOAA weather alerts for the emergency alert system. He advised that the site is surrounded by AG-3 zoning, and the surrounding land use consists of towers or vacant properties. He stated that the County’s comprehensive plan encourages wireless communication providers to locate new antennas on existing structures. He stated that October 28, 2008 772 currently there are no other structures suitable for support of this facility, and there are no proposed structures to be constructed in the immediate area. Mr. Thompson advised that the Planning Commission held a public hearing on October 7, 2008, and a citizen requested an explanation of how the RF radiation issues would be handled. Mr. Thompson advised that there is a requirement that these sites be fenced and proper signage placed on them when there will be testing associated with radio and frequency of radiation. He stated that the Planning Commission had questions regarding whether the tower should be lattice versus monopole, and it was stated that the lattice tower is better suited for radio broadcasting. Mr. Thompson advised that the Planning Commission recommended approval of the request by a vote of five to zero, and reviewed the two conditions as follows: (1) The site shall be developed in substantial conformance with the Mel Wheeler Inc. Development Plan, dated August 1, 2008, and prepared by Balzer and Associates. (2) The broadcast tower shall not exceed 170 feet in height. Ben Crew, Blazer and Associates, advised that he was representing the petitioner and that Josh Arritt from Mel Wheeler, Inc. was present to answer technical questions. He advised that the petitioner currently leases two existing towers on top of Poor Mountain which are not located on the site being considered in this request. He stated that the petitioner is removing these two call signs from those towers and putting them on a tower to be constructed on the petitioner’s site. He advised that they have received official notification from the FAA stating that the tower will not exceed October 28, 2008 773 obstruction standards and based on its evaluation, marking and lighting are not necessary. He advised that the tower will remain unlit and with a matte finish as previously specified. He advised that the petitioner has agreed to the proposed two conditions. Supervisor Flora inquired if it was accurate that both of the existing towers located on Poor Mountain are being abandoned and a new one built. Mr. Crew stated that currently there is one existing tower and transmitter building on the site. He advised that the petitioner currently leases two towers on other portions of Poor Mountain, and the petitioner plans to decline to lease these two towers in the future because he will construct a tower to combine the two call signs. Supervisor Flora asked if the other two towers are co-located with other signs and have antennas. Mr. Crew advised that the other two towers are not owned by the petitioner, and he was unsure if the towers were used specifically for the radio call signs or if there were other providers located on them. Mr. Arritt advised that the facilities where these two stations are located do support other providers, and WSLQ-Q99 and WXLK-K92 are the two call signs that they are moving, and that these two towers are owned by the site owners which are WDVJ and WSLS. Supervisor Flora inquired if the two towers were being abandoned or dismantled or if they would continue to be used. Mr. Crew advised that use of these towers would be at the discretion of the owners, and Mr. Arritt advised that he thought the towers would continue to be used since virtual real estate in that area is very valuable. October 28, 2008 774 Supervisor Moore commented that when riding along the Blue Ridge Parkway recently admiring the scenery, she was disturbed by the many towers that are located on Poor Mountain. She stated that she understands it is important for the petitioner to provide services to its customers; however, she would hope that someday they would find the technology to provide services without erecting huge towers. There were no citizens present to speak on this item. Supervisor McNamara advised that it was his impression that two towers were coming down and that one tower would be constructed; however, he has discovered that this is not correct. He advised that he agreed with the comments of Supervisor Moore and stated that while the many towers on Poor Mountain provide a service, they also disturb the views. He advised that he did not see how the Board could have approved all of the towers in this area and not approve this tower. He advised that he feels that this tower does not make the area look any worse, and he feels that it improves the area from the ground prospective. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 102808-11 GRANTING A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A 170-FOOT BROADCAST TOWER ON 3.06 ACRES LOCATED AT 8131 HONEYSUCKLE ROAD (TAX MAP NO. 93.00-1-1.1) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF MEL WHEELER, INC. October 28, 2008 775 WHEREAS, Mel Wheeler, Inc. has filed a petition for a special use permit for the construction of a 170-foot broadcast tower on 3.06 acres be located at 8131 Honeysuckle Road (Tax Map No. 93.00-1-1.1) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 2008; the second reading and public hearing on this matter was held on October 28, 2008. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit for the construction of a 170-foot broadcast tower on 3.06 acres located at 8131 Honeysuckle Road (Tax Map No. 93.00-1-1.1) in the Windsor Hills Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The site shall be developed in substantial conformance with the Mel Wheeler Inc. Development Plan, dated August 1, 2008, and prepared by Balzer and Associates. (2) The broadcast tower shall not exceed 170 feet in height. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 3. Second reading of an ordinance upon the petition of Bonsack Baptist Church to obtain a Special Use Permit in an R-1, Low Density Residential District, for the purpose of Religious Assembly on approximately 3.30 acres located at the 4800 and 4900 blocks of Cloverdale Road, Hollins Magisterial District. October 28, 2008 776 (Philip Thompson, Deputy Director of Planning) O-102808-12 Mr. Thompson advised that this is a request from Bonsack Baptist Church for an expansion consisting of one parking lot with a total of sixty spaces. He reported that access will be from Cloverdale Road; that a stormwater management pond is proposed; and that no new buildings are to be constructed at this time. He advised that there is a 30-foot buffer zone around the eastern property line. He stated that there are two existing homes on the property and that one is leased to the Roanoke Valley Baptist Church for its ministries and the other is rented as a residence. He advised that the surrounding zoning is R-1, and C-1, and the surrounding land uses are residential or vacant properties. He advised that the proposal is consistent with the County’s future land use designation of transition. Mr. Thompson advised that a public hearing was held on October 7, 2008, by the Planning Commission and that no citizens spoke concerning this request. He advised that the Planning Commission had questions about the two structures on the property where the parking lot will be built. He stated that the Planning Commission recommended approval of this request by a vote of five to zero with one condition as follows: The site will be developed in substantial conformance with the “Parking Expansion for Bonsack Baptist Church” prepared by Hughes Associates Architects, Inc. dated July 31, 2008 October 28, 2008 777 Rodney Pierson, 155 Victoria Drive, Troutville, advised that he was a member of Bonsack Baptist Church. He advised that one of the church’s major objectives in constructing the parking lot was specifically for the use of senior adults and handicapped citizens, so they will be able to park closer to the church and be on a better grade to enter the church. Supervisor Flora advised that he had no questions and that there was a need for the additional parking lot. There was no discussion. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 102808-12 GRANTING A SPECIAL USE PERMIT FOR THE PURPOSE OF RELIGIOUS ASSEMBLY ON 3.30 ACRES LOCATED AT THE 4800 AND 4900 BLOCKS OF CLOVERDALE ROAD (TAX MAP NOS. 40.01-1-9, 10, 11) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF BONSACK BAPTIST CHURCH WHEREAS, Bonsack Baptist Church has filed a petition for a special use permit for the purpose of religious assembly on approximately 3.3.0 acres located at the 4800 and 4900 blocks of Cloverdale Road (Tax Map Nos. 40.01-1-9, 10, and 11) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 2008; the second reading and public hearing on this matter was held on October 28, 2008. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Bonsack Baptist Church for the purpose of religious assembly located at the 4800 and 4900 blocks of Cloverdale Road in the Hollins Magisterial District is substantially in accord October 28, 2008 778 with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The site will be developed in substantial conformance with the “Parking Expansion for Bonsack Baptist Church” prepared by Hughes Associates Architects, Inc. dated July 31, 2008. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore: She advised that this is Halloween weekend and requested that citizens watch for children and drive safely. Supervisor McNamara: He advised that at a presentation at Cave Spring Middle School on October 23, Coleen Trusky, an eighth grader, was announced as the winner of the Subway Fit Poster Award. He reported that Ms. Trusky was one of 700 contestants and won for her artistic ability and passion for healthy living. He advised that he was unable to attend the presentation and expressed appreciation to Supervisor Moore who did attend the event for letting him recognize Ms. Trusky’s achievements. Supervisor Flora: He thanked his fellow Board members for attending the State of the County address this morning. He thanked the staff, especially Teresa Hall, Director of Public Information, for their assistance. He advised that the Board members attended the address at 7:30 a.m., and have been meeting non-stop since that time for October 28, 2008 779 more than 12 hours. He expressed appreciation to the Roanoke Regional Chamber of Commerce for their assistance with the event which was well attended. Supervisor McNamara: He stated that the Board members thought that Chairman Flora and School Board Chair Jerry Canada represented themselves, the County, and the schools very well at the State of the County address today. He advised that the Board was very proud of Chairman Flora and the accomplishments of the Board and staff during the past year. Supervisor Flora: He thanked Supervisor McNamara for his kind corrlments and advised that he had just reported the accomplishments of the Board during 2008. IN RE: ADJOURNMENT Chairman Flora advised that a meeting of the Audit Conlrrlittee has been scheduled for 1 :30 p.m. on November 11, 2008, in the Board Conference Room, Fourth Floor, 5204 Bernard Drive, Roanoke, VA 24018. Chairman Flora adjourned the meeting at 7:50 p.m. Submitted by: Approved by: ~9,~ Brenda J. Holton, CMC Deputy Clerk ,-------2 \\ ----e=-~ \ \~~~~ C . "--.Q ~ Richard C. Flora - Chairman October 28, 2008 780 (This page left intentionally blank)