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HomeMy WebLinkAbout9/22/2009 - RegularSeptember 22, 2009 665 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 22, 2009 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 September 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Joseph P. McNamara, Vice Chairman, Supervisors Joseph B. "Butch" Church, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Dan O'Donnell, Assistant County Administrator; Diane Hyatt, Assistant County Administrator; Paul M. Mahoney, County Attorney; Becky R. Meador, Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Pastor Jack D. Woods, Jr., Oak Grove Assembly of God. The Pledge of Allegiance was recited by all present. 666 September 22, 2009 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney requested the addition of a closed session pursuant to the Code of Virginia Section 2.2-3711.A.7. to discuss probable litigation, namely, the operation of and expenditure of public and donated funds by Clearbrook First Aid and Rescue Squad, Inc. It was the consensus of the Board to add this closed session. Mr. Goodman offered to brief the Board on the Route 116 accident, which occurred this morning, September 22, 2009. Chairman Altizer added the briefing to the agenda with no objections. IN RE: BRIEFING ON ROUTE 116 ACCIDENT Mr. Goodman advised that atractor-trailer hauling livestock coming from the Franklin County side of Windy Gap Mountain overturned this morning. The driver advised police that he was using a Global Positioning System (GPS), which gave him the route. He had never taken the route before and after he saw the warning signs, there was nowhere to turn the truck around. The truck was more than19 feet long and the trailer was 50 feet in length. The total length was 69 feet and 5 inches. Mr. Goodman explained that he had been told that the livestock shifted while the driver was navigating a curve causing the truck to overturn. County public safety personnel have been on the scene all day and are currently there. The driver was not injured; however, many of the livestock were lost or had to be euthanized. Mr. Goodman noted that Route 116 is heavily traveled and the traffic has been quite September 22, 2009 667 backed-up. He commented that this accident should reinforce that tractor-trailer traffic should be prohibited on Route 116. Supervisor Altizer stated he was on the scene earlier and saw some of the cows being euthanized. Approximately 65 of the 88 cows did not live. He stated that it was very fortunate that no car had been coming through the same curve at the time of the accident. He hopes that the Board will have a resolution to vote on in October to prohibit tractor-trailer traffic on Route 116. He advised that the Virginia Department of Transportation (VDOT) performed some computer simulations on the route, which demonstrated that 40 foot tractor-trailer traffic would be acceptable. He feels that the County should work diligently to ensure that the limit on tractor-trailer length should be less than the computer simulations from VDOT indicate. He commented that an additional six to eight feet truck length could be the difference between life and death. He stated that tractor-trailer traffic on that mountain is unacceptable and urged all citizens from Roanoke and Franklin Counties to attend the public hearings and contact VDOT about this important issue. Supervisor Altizer asked staff to contact the GPS administrators to determine if it can be noted that this route is inappropriate for truck traffic. He also asked Mr. Goodman to provide the Board with an update describing the location of the warning sign stating that Route 116 was not recommended for trucks. Mr. Goodman advised that he believed this was a sign installed on the Franklin County side of the roadway and he would check on the location with VDOT. 668 September 22, 2009 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the month of October 2009 as Fire Prevention Month in the County of Roanoke Richard E. Burch, Jr., Chief of Fire and Rescue; G~ Huffman, Fire Marshall Chairman Altizer presented the proclamation to Richard E. Burch, Jr., Chief of Fire and Rescue, and Gary Huffman, Fire Marshall. Chief Burch and Fire Marshall Huffman introduced the others in attendance: Brian Clingenpeel, Public Education Specialist; Robyn Blankenship, Deputy Fire Marshal; Tom Beard, Battalion Chief; Spot, the Fire and Rescue Dog, and his friend Patches driving the remote control fire truck, which was operated by Brian Simmons, Deputy Fire Marshal. Lieutenant Barry Beckner introduced the crew of the new North County Station #1. 2. Recognition of the Information Technologv Department for winning first Ip ace in the 2009 Di ital Counties Survey Greeves, Director of Information Technologv) Chairman Altizer presented the proclamation to Bill Greeves, Director, Information Technology (IT) Department. Mr. Greeves briefly described the Digital Counties Survey and the award. He stated that the award was received due to the efforts of the entire IT staff and he was unable to bring all of the staff to the meeting. He expressed his appreciation to the Board and County administration for enabling the staff to continue to be innovative each year. September 22, 2009 669 3. Recognition of the Purchasing Division for receiving the Achievement of Excellence in Procurement Award for 2009 from the National Purchasing Institute Chairman Altizer presented the proclamation to Robert Light, Purchasing Manager, who accepted the award on behalf of the Purchasing Department. Mr. Light briefly described the award. He introduced the staff members who were present: Ashley Nute, Pat Chockley, Marsha Powell and Jan Kilgore. IN RE: NEW BUSINESS 1. Request for approval of a reimbursement agreement between Roanoke County and the Western Vir inia Western Authority for the installation of ublic sewer in the Hanging Rock area and the appropriation of funds in the amount of 67 500 for the County's share of the rp oject Paul Mahoney, County Attorne A-092209-1 Mr. Mahoney advised that this new business item is requesting approval of a reimbursement agreement between Roanoke County and the Western Virginia Water Authority (WVWA) and appropriation of $57,500 from the public-private partnership account. This transaction will extend gravity sewer into the Hanging Rock area of the County. It will promote some economic development opportunities in this area and provide a significant benefit to the County because it will allow the County to eliminate a sewer pump station and use gravity sewer for the County's facilities along 670 September 22, 2009 Kessler Mill Road and the regional fire training facility. In addition to the agreement between the WVWA and the County, there is a second agreement between the developers and the WVWA. These two agreements would provide for the construction of this gravity sewer line, economic development benefits and gravity sewer benefits to the County facilities. The agreement between the County and WVWA also establishes a mechanism for future connections to this line, and a portion of the costs would reimburse the County for its share of the construction for this project. While the developers are providing most of the funding for the project, the WVWA and the County are also providing funding and it appears to be a win-win from a variety of perspectives. He advised that the staff's recommendation is for Board approval of the agreement and appropriation of $57,500 from the Public-Private Partnership account. Supervisor Church commented that the project will enable future extensions into the Route 311, Hanging Rock and Catawba Valley areas. A new Subway restaurant was prevented from opening in the Hanging Rock area and this project may make it possible to open such businesses. He thought it was a positive move for the area and after discussion, he would move approval of the request. Supervisor Flora commented that this is an economic development opportunity and will eliminate the need for septic systems and potential environmental problems in that area. September 22, 2009 671 Supervisor Church moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara NAYS: None ABSTAIN: Supervisor Altizer 2. Request to approve four additional eligibility positions to the Department of Social Services and to appropriate state and local revenue reimbursements in the amount of 129 830 for fiscal year 2009-1010 to the Department of Social Services for provided services Brent Robertson, Director of Management and Bud et A-092209-2 Mr. Robertson advised that during the September 8, 2009, meeting, a work session was held to update the Board on the current status of workload requirements and staffing needs in the Department of Social Services. Staff presented data that emphasized the increased workload over the last several years, as well as the increasing complexity of case management in that area. Staff presented athree-year staffing plan and asked the Board's permission to implement the first year of the plan, which included hiring four additional positions comprised of two eligibility workers, one senior eligibility worker, and one eligibility supervisor. The total annual cost of these positions including benefits amounts to $173,104. These positions are eligible for partial State reimbursement and reimbursement from the City of Salem for services provided to 672 September 22, 2009 City residents per contractual agreement. Salem has agreed to fund their share of these positions if approved. The breakdown of the $173,104 costs, which includes benefits, is as follows: State - $121,173, City of Salem - $17,310 and Roanoke County - $34,361. The effective date of these positions will be October 1, 2009. Therefore, the prorated cost for the current fiscal year will be $129,830. The fiscal year 2009-2010 impact to Roanoke County will be $25,770, which is eight months' proration of $34,361. The remaining $104,060 will be reimbursed from the State and the City of Salem. Staff recommends the approval of four additional positions to Roanoke County's Department of Social Services and the appropriation of $129,830 in revenue reimbursements from the State and the City of Salem and the related appropriation of $129,830 to the Social Services Personnel Expenditure Budget. He stated that Joyce Earl, Assistant Director of Social Services, was also present. Supervisor Church asked Ms. Earl to review some of the dire needs for Social Services, which were pointed out at the recent work session. Ms. Earl stated that she did not bring the figures with her, but food-stamps applications have increased 80 percent in the last five years and Medicaid applications a little over 40 percent. This year, daily, Social Services sees approximately 100 people, and a couple of years ago, that total was 25 to 35 people per a day. Additionally, Ms. Earl noted that the citizens are staying on assistance longer. Supervisor Church commented that the Social Services staff does an extraordinary job of providing services to the citizens in the Roanoke Valley. September 22, 2009 673 Supervisor Moore commented that she toured the Social Services office approximately 18 months ago and found it to be under-staffed and over-crowded. Also, sufficient parking was not available. She expressed appreciation to the staff for continuing to provide the best services they can under these difficult circumstances. Supervisor Church moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 3. Request to appropriate 12 000 as a grant to the Western Vir inia Water Authority (WVWA) to offset the cost of the Andrew Lewis Place Sanity Sewer Extension Project Rebecca Owens, Director of Finance A-092209-3 Ms. Owens reported that Andrew Lewis Place in the Glenvar neighborhood area relied on aging septic tanks for sewer service and an increasing number of these tanks have failed in recent years. In response to this problem, a Water Quality Improvement Grant in the amount of $797,940 was received in December 2007 to fund the extension of sewer into Andrew Lewis Place neighborhood. At the January 22, 2008, meeting, the Board appropriated $33,750 to offset the cost of the project. The County's contribution to the project reduced the connection costs paid by each household by $750. At the time the project was approved, it was projected the number 674 September 22, 2009 of participating households would be 45. The project is now substantially complete and a total of 61 households participated in the project. A key factor in the project's success was the subsidy that Roanoke County agreed to provide to each homeowner to help with the cost of the sewer connection. This request for additional funding in the amount of $12,000 is to cover the cost of the actual number of households that participated in the project. Staff recommends appropriating $12,000 from the Public Works Project Fund to offset the cost of the Andrew Lewis Place sanitary sewer extension project. Supervisor Church expressed appreciation to Ms. Owens, Elmer Hodge, Gary Robertson, Mike McEvoy and all who were involved with initiating this project. He advised that the community was very pleased since many homeowners needed financial assistance to participate in the project. He expressed the appreciation of the citizens to the Board for bringing this project to them. Supervisor Church moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara NAYS: None ABSTAIN: Supervisor Altizer September 22, 2009 675 IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. Petition of Fralin, SP, LLC, to rezone 12.691 acres from C-2, General Commercial, District, and R-3, Medium Density Multi- Family Residential, District to R-4C, High Density Multi-Family Residential, District with conditions for the purpose of constructing multi-family and townhouse residential units (maximum of 115 units located at 6044 Peters Creek Road, Hollins Magisterial District 2. The etition of StellarOne Bank and Bonsack Baptist Church Trustees to rezone 4.64 acres from R-1, Low Density Residential, District and R-1 S, Low Density Residential, District with a special use ep rmit' to C-1, Office, District for the purpose of constructing a bank with adrive-thru, located at 4903 and 5007 Cloverdale Road, Hollins Magisterial District 3. The etition of Fountain Head Land Company, LLC, to amend the Planned Residential Development Master Plan related to at-grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack), which measures approximately 375 acres, Vinton Magisterial District 676 September 22, 2009 Supervisor Altizer moved to approve the first readings and set the second readings and public hearings for October 27, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYES: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance amending the Intergovernmental Agreement with the City of Roanoke concerning the regional 800 MHZ trunking radio system Jose h B. Obenshain, Senior Assistant County Attorney; Bill Greeves, Director of Information and Technology) Mr. Obenchain advised that this ordinance is basically a housekeeping item. The Board previously approved the service level agreement between the County and Roanoke City for dealing with the service to the City's analog public safety system. Mr. Obenchain further advised that this should also be considered as another example of the leading edge services that the County is providing. At the request of the City Attorney's office, this is the third amendment to the original intergovernmental agreement that was adopted in 1997. Approval by the Board of this ordinance confirms that this agreement is appropriate to be executed. Ms. Moore advised that she was aware that Roanoke County will be going digital in October 2009. She asked if the County will have the personnel and the parts available to continue to service and maintain the analog system. September 22, 2009 677 Mr. Greeves advised that this service agreement with Roanoke City provides a funding stream from the City to allow the County to have a stock of parts available to continue to maintain the analog system. Additionally, although the County will be going digital, there will be staffing available to maintain the analog system until Roanoke City can be brought onto the digital system. Supervisor Altizer moved to approve the first reading and set the second reading for October 13, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 2. Ordinance authorizing the conveyance of 0.020 acre along Clearbrook Lane to the Wal-Mart Real Estate Business Trust Paul M. Mahoney, County Attorne Mr. Mahoney advised that this ordinance and the next ordinance will authorize the conveyance of two small parcels of land that are titled to Roanoke County to the Wal-Mart Real Estate Business Trust. These conveyances will allow Wal-Mart to move forward and construct certain road improvements that were contemplated by the County when the Board adopted the rezoning and special use permit in October 2006. Mr. Mahoney pointed out the location of these two parcels on a map. Mr. Mahoney advised that in May 2009, the Board approved an agreement, which set out a variety of actions between the County, the Wal-Mart Real Estate Business Trust and the owner of the car dealership next door. This agreement 678 September 22, 2009 set out a series of steps that the three parties would engage in concerning a conveyance of real estate, dedication of real estate, vacations of old subdivision plats and abandonments of old roads. Approval of this ordinance is step one in a multistep process. Within the next six to nine months, various actions will be brought before the Board with the goal of implementing the process by which Wal-Mart will construct the various road improvements. The plan of action is for Wal-Mart to engage and complete certain aspects of its obligations, and then the County would act and take its necessary steps. This first step is a conveyance; however, in the future, there will be vacations and dedications, with final acceptances of the work not occurring until the work has been completed. For example, the Virginia Department of Transportation (VDOT) would have to inspect and approve the constructions before the County would accept them. Mr. Mahoney advised that there are two ordinances before the Board to authorize these conveyances, and he requested that the Board take a separate vote on each ordinance. There was no discussion. Supervisor Moore moved to approve the first reading and set the second reading and public hearing for October 13, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None September 22, 2009 679 3. Ordinance authorizing the conveyance of 1,913 square feet along U.S. Route 220 to the Wal-Mart Real Estate Business Trust Paul M. Mahoney, County Attorne Mr. Mahoney advised that this ordinance will authorize the second conveyance in this transaction. He requested that the Board approve the first reading of the ordinance. There was no discussion. Supervisor Moore moved to approve the first reading and schedule the second reading and public hearing for October 13, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance amending Section 2-3 of the Roanoke County Code, increasing the bad check fee Paul M. Mahoney, County Attorne 0-092209-4 Mr. Mahoney advised there have been no changes to this ordinance since the first reading. There was no discussion. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: 680 September 22, 2009 AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None ORDINANCE 092209-4 AMENDING SECTION 2-3 OF THE ROANOKE COUNTY CODE, INCREASING THE BAD CHECK FEE WHEREAS, the 2004 Session of the Virginia General Assembly amended Section 15.2-106 of the Code of Virginia, which authorized any locality by ordinance to provide for a fee not exceeding $35.00 for passing bad checks; and WHEREAS, the passing of any check for payment of taxes or any other sums due to the County, which is subsequently returned for insufficient funds or because there is no account or the account has been closed, places a financial burden on the citizens of Roanoke County; and WHEREAS, imposing a fee for passing bad checks will help to recover some of the administrative costs and expenses for passing a bad check; and WHEREAS, the first reading of this ordinance was held on September 8, 2009; and second reading was held on September 22, 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 2-3 of the Roanoke County Code be amended to read and provide as follows: Sec. 2-3. Charge for bad check tendered to county. If any check tendered for any amount due the county is not paid by the bank on which it is drawn as the result of insufficient funds in the account or if there is no such account, the person by whom such check was tendered shall remain liable for the payment of such amount the same as if such check had not been tendered and, in addition to other penalties imposed by law, shall be subject to a charge of +~^,°„+„ ~„~~°r~ i~~n nn~. thirty-five dollars ($35.00). 2. This ordinance shall take effect from and after its passage. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: SECOND READING AND PUBLIC HEARING OF ORDINANCES 1. Ordinance authorizing recordation of a sight distance deed restriction on County owned property adjacent to Tuli Lane, Vinton Magisterial District Jose h B. Obenshain, Senior September 22, 2009 681 Assistant County Attorne 0-092209-5 Mr. Obenshain advised that this is the second reading of an ordinance to provide for a sight distance restriction similar to the easement in connection with the Wolf Creek Greenway as VDOT has requested. There have been no changes since the first reading. However, at Mr. Goodman's request, Janet Scheid, County Greenway Planner, contacted Dr. Turner at William Byrd High School and the School Administration to ensure that this will not interfere or create any issues with the school's operations. It is designed to assist with public safety and the children who want to use the greenway to walk to school rather than ride the bus. If the Board approves this ordinance, the County Attorney's office will prepare a legal document to be recorded with the land records of Roanoke County indicating that a permanent restriction has been placed on this property. There was no discussion. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None Chairman Altizer requested Mr. Mahoney's advice since the public hearing had not been held before the vote was taken. Mr. Mahoney advised that the Board should defer the previous action taken, and after holding the public hearing, the Board 682 September 22, 2009 could re-vote on the item. Chairman Altizer opened the public hearing. No citizens spoke on this item and he closed the public hearing. He requested that the previous action of the Board be reaffirmed. Supervisor Flora moved to reaffirm the first motion and vote on this item. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora, Altizer NAYS: None ORDINANCE 092209-5 AUTHORIZING RECORDATION OF A SIGHT DISTANCE DEED RESTRICTION ON COUNTY OWNED PROPERTY ADJACENT TO TULIP LANE, VINTON MAGISTERIAL DISTRICT WHEREAS, Roanoke County has constructed the Wolf Creek Greenway, which crosses Tulip Lane, State Secondary Route 1017, at a curve between adjoining properties owned by the Board of Supervisors of Roanoke County, Vinton Magisterial District; and WHEREAS, the Virginia Department of Transportation (VDOT) has requested a line of sight distance of 250 feet in both directions from the point where the Wolf Creek Greenway crosses Tulip Lane and that Roanoke County establish a restriction upon its property for a line of sight distance of two hundred fifty feet (250') in a northerly direction across its property; and WHEREAS, the curve of Tulip Lane in a northerly direction from the point at which the Greenway crosses this public road necessitates a permanent restriction and dedication of the portion of public property within this curve to provide adequate public safety; and WHEREAS, the County of Roanoke desires to permanently designate and restrict the use of portions of its property consisting of 0.1393 acre, identified as a portion of Tax Map #61.02-01-55.00, as necessary for the construction and safe public use of the Wolf Creek Greenway as shown on the plat entitled "PLAT SHOWING SIGHT DISTANCE EASEMENT BEING RESERVED FOR PUBLIC USE BY BOARD OF SUPERVISORS, ROANOKE COUNTY, ROANOKE COUNTY TAX MAP PARCEL #61.02-01-55.00 SITUATED ALONG TULIP LANE RTE. 1017, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA", prepared by Roanoke County September 22, 2009 683 Department of Community Development, dated August 7, 2009, and attached as Exhibit A; and WHEREAS, the proposed designation and reservation of a sight distance easement will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County; and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of an interest in real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 8, 2009, and a second reading and public hearing was held on September 22, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be restricted and preserved for public uses shall be permanently reserved and dedicated in connection with the construction of Roanoke County's Wolf Creek Greenway. 3. That the recordation of a permanent deed restriction for purposes of designating and setting apart a sight distance easement or restriction on the above- mentioned map on the County's property (Tax Map No. 61.02-01-55.00) adjacent to Tulip Lane, Vinton Magisterial District, is hereby authorized and approved. 4. That the County Administrator, or Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CONSENT AGENDA R-092209-6, R-092209-6.a Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 684 September 22, 2009 RESOLUTION 092209-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -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 September 22, 2009 designated as Item I -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 -February 10, 2009 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Daniel B. Crawford, Parks, Recreation and Tourism Department, upon his retirement after more than one year of service 3. Request to appropriate grant funds in the amount of $46,178.56 to Roanoke County Schools 4. Donation of a new drainage easement on property of Michael W. Jennings (Tax Map No.076.19-01-30.00), Lot 1, Block 1, Section # 1, Nottingham Hills Subdivision; and a new drainage easement on property of Kenneth B. Peters and Melinda D. Peters (Tax Map No. 076.19-01-29.00), Lot 13, Block 8, Section #3, Nottingham Hills Subdivision, Windsor Hills Magisterial District 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 Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 092209-6.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DANIEL B. CRAWFORD, PARKS, RECREATION AND TOURISM DEPARTMENT, UPON HIS RETIREMENT AFTER MORE THAN ONE YEAR OF SERVICE WHEREAS, Daniel B. Crawford was employed by Roanoke County on April 7, 2008, as a Parks Maintenance employee; and WHEREAS, Mr. Crawford retired from the Roanoke County Parks, Recreation and Tourism Department as a Parks Maintenance employee on September 1, 2009, after one year and four months of service; and WHEREAS, Mr. Crawford, through his hard work and dedicated efforts, helped provide and promote a safe and well-maintained park system for County residents; and September 22, 2009 685 WHEREAS, Mr. Crawford was instrumental in making repairs and improvements to outdoor structures and park amenities, as demonstrated through his exceptional skills as a quality craftsman; and WHEREAS, Mr. Crawford believed deeply in making an enjoyable experience standard for every Roanoke County parks user as well as the many Explore Park visitors who remember him for his years of service there as a Historic Interpreter. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DANIEL B. CRAWFORD for more than one year of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer 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 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid _ Au ust 2008 5. Treasurer's Statement of Accountability der Investment and Portfolio Policy as of Au ust 31' Proclamations signed ~ the Chairman 686 September 22, 2009 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended Au ust 31' 2009 7. Comparative Statement of Budgeted and Actual Revenues for the month ended Au ust 31' 2009 IN RE: CLOSED MEETING At 3:55 p.m., Supervisor Altizer moved to go into closed meeting following the work sessions pursuant to the Code of Virginia, as follows: (1) Section 2.2-3711 A.1. personnel, namely discussion concerning appointments to the Building Code Board of Adjustments and Appeals, the Economic Development Authority and the Grievance Panel; and (2) Section 2.2-3711 A.7. consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, the operation of and expenditure of public funds and donated funds by Clearbrook First Aid and Rescue Squad, Inc. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CLOSED MEETING At 3:55 p.m., Supervisor Altizer moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A.7. consultation with legal counsel and briefings by staff regarding specific legal matters, namely South Peak Development, requiring the provision of legal advice by such counsel. The motion carried by the following recorded vote: September 22, 2009 687 AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSTAIN: Supervisor Moore IN RE: WORK SESSIONS 1. Work session on the mowing of Vir inia Department of Transportation V( DOT) rights-of-way Mark Courtright, Assistant Director of Parks, Recreation and Tourism The work session was held from 4:16 p.m. until 4:30 p.m. Mr. Courtright gave a PowerPoint presentation, a copy of which is on file in the Clerk's Office, showing the VDOT standards and procedures for mowing. In previous years, mowing was performed four times per year. Due to budget cuts, this year the mowing was done only three times. Additionally, VDOT previously mowed the areas above the ditch line on primary roads once per year. This procedure has now been revised to once every four years. The extreme amount of rainfall this summer caused the need for increased mowing in general. Mr. Courtright listed the equipment that would need to be purchased and cost projections should the County mow the VDOT rights-of-way. In Roanoke County, this includes 175 acres, or 60 miles, of primary roads. He advised that VDOT has very strict safety requirements, which would require the rental of a safety truck for some areas. VDOT also has a very elaborate process to keep workers safe. Mr. Courtight further indicated that it would cost approximately $500,000 to purchase all of the 688 September 22, 2009 equipment needed. Additionally, hiring a contractor would cost approximately $31,529 per mowing, which includes only the primary roads. It was noted by Mr. Courtright that VDOT does not do any clean-up of clippings and cuts only two swaths wide, which leaves the center portion of some medians uncut. Discussion ensued as to whether secondary roads should also be mowed. Consensus was that the primary roads make the impression for the County and there must be a cut-off at what roads could be mowed. There have been complaints concerning the mowing of secondary roads; however, it would not be possible to mow all of the County roads. Any condition that is a site distance or safety issue is handled by VDOT as a priority. 2. Work session to discuss the County's "Social Media -Web 2.0" activities ~ Greeves, Director of Information Technology; Teresa Hall, Director of Public Information) This work session was held from 4:30 p.m. until 4.56 p.m. Ms. Hall advised the Board of the various types of social media, and how they can be utilized to quickly update citizens with County news. She advised that staff is not abandoning the traditional ways, but this is basically another tool in the toolbox. Ms. Hall indicated that social media does not take the place of what the County currently does; it is an addition to improve communications. Mr. Greeves described Web 2.0 as the creation of space for collaboration and communication by multiple contributors. Web 1.0 would be a site where a person September 22, 2009 689 can only obtain information. He stated that colleges are now using social media tools in their core curriculum. This type of communication is second nature to the younger generation, who will be future employees. Gray Craig, Web Content Manager, advised that millions of people use social media, and there has been a 35 percent increase in adult users. There are more than 100,000 people on Facebook who identify themselves with Roanoke. Additionally, anything that goes online saves paper, toner and space. Mr. Greeves described MuniGov2.0, which was created in September 2008 to share ideas with other localities. Participation is completely voluntary and there are currently 530 members from municipalities across the world, with no cost involved. Mr. Craig outlined how staff began the process with legal, content, accessibility, technology and security issues, then officially formed the Web 2.0 Working Group. The group consists of employees from the County's most public-facing departments, such as the Libraries, Parks, Recreation and Tourism, Public Information Office, Fire and Rescue and Police. The group set standards for branding and messaging and will make recommendations to Administration and the Board. Ms. Hall described how the Parks, Recreation and Tourism Department was the first to use Facebook. This department is one that needs to communicate with the citizens on a daily basis and has hundreds of followers. The Library has about 500 followers. Economic Development and Community Development are also using social media. The Office of Public Information maintains the County's primary Facebook and 690 September 22, 2009 Twitter pages. The County has over 1,400 Facebook friends and 314 followers on Twitter. An example of the benefits of using social media was when Ms. Hall posted this morning's accident on Route 116 on Facebook with a follower providing a response with directions for a detour to bypass the area where the accident occurred. There are links to Twitter and Facebook on the Roanoke County website homepage. The presenters gave a brief demonstration of how Twitter and Facebook operate. There was discussion of whether social media hurts productivity and the importance of controlling the situation. It was the consensus of the Board that this is the way of the future and affords many benefits. IN RE: CERTIFICATION RESOLUTION R-092209-7 This closed meeting was held from 5:04 p.m. until 5:22 p.m. with all Supervisors present. At 7:00 p.m., Supervisor Altizer moved to return to open session and adopt the certification resolution for closed meeting items, as follows: (1) Code of Virginia Section 2.2-3711 A.1. personnel, namely discussion concerning appointments to the Building Code Board of Adjustments and Appeals, the Economic Development Authority and the Grievance Panel; and (2) Code of Virginia Section 2.2-3711 A.7. consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, the operation of and expenditure of public funds and donated funds by Clearbrook First Aid and Rescue Squad, Inc. The motion carried by the following September 22, 2009 691 recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 092209-7 CERTIFYING THE CLOSED MEETING UNDER ITEMS 0.1 and 0.3 WERE 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CERTIFICATION RESOLUTION R-092209-8 This closed meeting was held from 5:22 p.m. until 5:50 p.m. Supervisor Moore abstained from the vote to go into the closed meeting and was not present during the closed meeting. 692 September 22, 2009 At 7:01 p.m., Supervisor Altizer moved to adopt the certification resolution for the closed meeting item: (1) Code of Virginia Section 2.2-3711 A.7. consultation with legal counsel and briefings by staff regarding specific legal matters, namely South Peak Development, requiring the provision of legal advice by such counsel. The motion carried by the following recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSTAIN: Supervisor Moore RESOLUTION 092209-8 CERTIFYING THE CLOSED MEETING UNDER ITEM 0.2 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSTAIN: Supervisor Moore September 22, 2009 693 IN RE NEW BUSINESS 1. Request to take action after the closed meeting concerning the volunteer Clearbrook First Aid and Rescue Squad, Inc. A-092209-8.a Chairman Altizer advised that based on the closed session and consultation with legal counsel pertaining to the operation of and expenditure of public and donated funds by Clearbrook First Aid and Rescue Squad, he would entertain a motion to authorize and direct the County Attorney to commence appropriate legal action against the volunteer Clearbrook First Aid and Rescue Squad, Inc. to secure an accounting of donated and public funds, secure distribution of its assets and accomplish the dissolution of this corporation. There was no discussion. Supervisor Moore moved approval of the motion as stated by Chairman Altizer. The motion carried by the following vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None. IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. The etition of Clyde and Amelia Roberson to obtain a Special Use Permit in an R-1, Low Density Residential District, to operate a rivate stable on 35.987 acres, located at 1927 Laurel Mountain 694 September 22, 2009 Drive, Catawba Magisterial District Phili Thompson, Deputy Director of Planning) 0-092209-9 Mr. Thompson advised the Board that this request is for a special use permit for a private stable. Mr. Thompson pointed out the location of this acreage on a map and indicated the existing house on 35 acres. Currently, there are two existing pastures; (a) 40,000 square feet with electric fencing, and (b) 4,000 square feet containing a wood fence located near the house. Also on the site is a 100-foot Appalachian Power Company (APCO) easement that traverses the property to the south. There will be no new structures built. There is no clearing proposed. The existing deck would shelter the horses under the deck on the side of the house. The closest property line from the pastures is 375 feet, and it is 500 feet to the closest residence. Enclosed in the agenda materials was a letter from State Department of Conservation and Recreation (DCR), which states that lease management will be handled for the proposed two horses and they did not see anything that needs to be done in addition to the horses having a pasture area. As indicated on the diagram shown, the site is almost entirely wooded and there are buffers before the APCO easement and the closest residence. There is a difference of elevation of about 125 feet. Mr. Thompson continued that prior to December 31, 1992, this property was zoned A-1, which would allow horses on the property. In the rezoning in 1992, the zoning was changed from A-1 to R-1. The surrounding zoning is R-1, Low-Density September 22, 2009 695 Residential, to the south, AG-3, Agricultural/Rural Preserve, to the north and west and AG-1, Agricultural/Rural Low Density, to the east. The surrounding residences are two single-family homes. It should be noted that the petitioners own three additional lots in the subdivision, which are to the south of Fort Lewis Mountain. Haven's Wild Life Management is to the west and a former Girl Scout Camp is to the north. The future land use is rural preserve and the proposal is consistent with the County's comprehensive plan. A public hearing with the Planning Commission was held on September 1, 2009, and one citizen expressed concerns about potential odors coming from the site. The Planning Commission recommended approval of the request with one condition by a vote of five to zero. The condition was that a maximum of two (2) horses shall be permitted with the private stable. In response to Chairman Altizer's inquiry, Mr. Thompson advised that the petitioners were not present. There were no citizens to speak on this item. Supervisor Church advised that he intended to make a motion and support approval of the petition. He commented that this request concerns 35 protected acres and it is 500 feet from the nearest neighbor. He has received no complaints from citizens about this petition. 696 September 22, 2009 Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None ORDINANCE 092209-9 GRANTING A SPECIAL USE PERMIT FOR A PRIVATE STABLE ON 35.987 ACRES LOCATED AT 1927 LAUREL MOUNTAIN DRIVE (TAX MAP NO. 35.00-01-38.00) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF CLYDE AND AMELIA ROBERSON WHEREAS, Clyde and Amelia Roberson have filed a petition for a special use permit for a private stable to be located at 1927 Laurel Mountain Drive (Tax Map No. 35.00-01-38.00) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 1, 2009; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 25, 2009; the second reading and public hearing on this matter were held on September 22, 2009. 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 Clyde and Amelia Roberson for a private stable to be located at 1927 Laurel Mountain Drive in the Catawba 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) A maximum of two (2) horses shall be permitted with the private stable. 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None September 22, 2009 697 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: (1) He congratulated Hollins University on their exhibition and lecture on behalf of Betty Branch last Thursday evening. Hollins University has the only museum in Roanoke County, to which the County made a small contribution. He stated that the university acknowledged Roanoke County's contribution during the exhibition. He commented that Ms. Branch is an incredibly talented lady and very enlightening, and it was a great event. (2) He congratulated his daughter, Kristen, who is going to Korea to teach for a year. He said it will be a great experience and opportunity for her to understand another culture, especially one so steeped in tradition. He stated he visited there five years ago with the Sister Cities Program. His daughter will be teaching in Wonju, which is Roanoke's sister city. He wished her the best and will keep everyone posted as to how well she and the Korean culture are getting along. Supervisor Moore: She congratulated all of the Bookmark and Youth Award Students who received awards at the Arnold R. Burton Family Day dinner. There was a tremendous crowd. She gave a special thank you to Nancy Hans, Arlene Murphy and Tabitha Cain, who worked so diligently all year to make this happen. They support the youth and the South County Prevention Council. She thanked Ukrop's, which catered the dinner and also supported the youth and the Council for almost two years. Supervisor Altizer: (1) He asked Mr. Thompson to contact him with the status of the deeds for Ivyland Drive. He requested that staff contact VDOT to see if the Parkway has given them permission to widen the road. He stated that some surveying ggg September 22, 2009 ~~r~ ~~ ~~~ ~e~n ~~~~~ H+ ir~~uir ~! 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