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Home My WebLink About12/14/2010 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DR. BETTY R. MCCRARY, DIRECTOR OF SOCIAL SERVICES, UPON HER RETIREMENT AFTER MORE THAN THIRTY -SEVEN YEARS OF SERVICE WHEREAS, Betty R. McCrary was hired on September 10, 1973, as a social worker for the Roanoke County Department of Social Services and was promoted to Supervisor on July 1, 1977; on February 1, 1992, she was promoted to her current position as Director of Social Services; and WHEREAS, Dr. McCrary will retire on January 1, 2011, after thirty -seven years and three months of devoted, faithful and expert service with the County always promoting the preservation of families, individual self- sufficiency and permanence for children; and WHEREAS, during her time serving Roanoke County's Department of Social Services, Dr. McCrary has provided clinical counseling for The Manassas Group, has been licensed as a Professional Counselor and Marriage and Family Therapist, has become certified by the Supreme Court of Virginia as a Juvenile and Domestic Relations and Circuit Court Family Mediator, has served on the Board of Directors for Youth Haven I, II and Sanctuary, has served on the Roanoke County and City of Salem Community Policy and Management Team, served as the Piedmont Regional Coordinator for Welfare Reform Initiative for the Virginia Department of Social Services, was elected to The Blue Ridge Institute for Southern Community Services Executives, served on the Child Welfare Advisory Committee for the Virginia Department of Social Services, served on the Board of Directors of the Conflict Resolution Center, served as trainer /consultant for Cardinal Justice Academy, the Court Appointed Special Advocate Program and for the Virginia Page 1 of 2 Department of Social Services and other professional groups and enthusiastically collaborated with community and State partners in the development of innovative services and program for individuals and families; and WHEREAS, in 1990 Dr. McCrary received the National Association of Counties Achievement Award for development of the Custody Mediation Program for Roanoke County Juvenile and Domestic Relations Court; and WHEREAS, in 2008 received the Salem Kiwanis Humanitarian of the Year. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DR. BETTY R. McCRARY for more than thirty -seven years of capable, loyal and dedicated service to the citizens and staff of Roanoke County and the City of Salem; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Boar of Supervisors Page 2of2 ACTION NO. A- 121410 -10 ITEM NO. E -9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 14, 2010 AGENDA ITEM: SUBMITTED BY: Granting an additional Christmas Holiday on Thursday, December 23, 2010 B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Governor Bob McDonnell has announced plans to close state offices on December 23, 2010, so that State employees' can enjoy an additional day off with their families. He noted that this was being done to express his thanks for State employees' continued hard work and dedication to serving the citizens of the Commonwealth. The Chairman has asked that the granting of an additional holiday to County employees be added to the Agenda as item E., New Business., Item 9. He is proposing that the County provide to the County employees an additional holiday on Thursday, December 23, 2010. Some employees such as public safety providers and solid waste collections will continue and that such employees will receive holiday pay in accordance with County policies. The Chairman and I respectfully request that the Board of Supervisors amend the agenda and at the appropriate time vote to grant the additional holiday day on Thursday, December 23, 2010. Page 1 of 2 VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Joseph Sgroi, Director of Human Resources Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Joseph Sgroi, Director of Human Resources Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 ORDINANCE 121410 -11 AUTHORIZING THE EXERCISE OF THE OPTION TO ACQUIRE APPROXIMATELY 0.27 ACRE OF REAL ESTATE (TAX MAP NO. 97.05- 01 -17) FROM GRACE M. SPRADLIN FOR THE EXPANSION OF STARKEY PARK WHEREAS, on September 28, 2010, Roanoke County entered into an option to purchase agreement with Grace M. Spradlin for the purchase of approximately .27 acre in the Cave Spring Magisterial District for the expansion of Starkey Park; and WHEREAS, on September 28, 2010, the expenditure of funds for boundary survey, title examination and insurance, environmental assessment, and recordation fees were authorized and approved; and WHEREAS, an increase in the purchase price from $45,000 to $45,500 is necessary to cover the actual mortgage payoff on this property; and WHEREAS, the County now wishes to exercise said option and purchase this real estate; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on November 16, 2010, and the second reading was held on December 14, 2010; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the exercise of an option for the acquisition of approximately .27 acre of real estate (Tax Map No. 97.05- 01 -17) as shown on a boundary survey prepared by Caldwell White Associates dated October 18, 2010, for the sum of Forty Five Thousand Page 1 of 2 Five Hundred Dollars ($45,500) is hereby approved and further that the acquisition of said real estate is hereby authorized and approved. 2. That funds will be appropriated into the Crystal Creek Property account from the Minor Capital fund to pay all of the costs of this acquisition, and the demolition of the existing structure. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Debarah C. Jacks Clerk to the Board of upervisors cc: Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Paul M. Mahoney, County Attorney Page 2of2 ACTION NO. A- 121410 -12.a ITEM NO. J -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 14, 2010 Confirmation of appointments to the Economic Development Authority; Grievance Panel; Library Board; Roanoke Valley Resource Authority; and the Western Virginia Regional Jail Authority Deborah C. Jacks Deputy Clerk to the Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Economic Development Authority It was the consensus of the Board at their November 17, 2010, closed session to appoint Paul Henkel to the Economic Development Authority for a four -year term that will expire on September 26, 2014. Confirmation of the appointment has been placed on the Consent Agenda. 2. Grievance Panel It was the consensus of the Board at their November 17, 2010, closed session to reappoint Lee Blair as alternate to the Grievance Panel for a three -year term that will expire on October 10, 2013. Confirmation of the appointment has been placed on the Consent Agenda. 3. Library Board Charlotte More has reappointed James O. Nelson to represent the Cave Spring Magisterial District for a four -year term which will expire on December 31, 2014. Confirmation of the appointment has been placed on the Consent Agenda. Page 1 of 2 4. Roanoke Valley Resource Authority It was the consensus of the Board at their November 17, 2010, closed session to reappoint Rebecca Owens to the Roanoke Valley Resource Authority for a four year term that will expire on December 31, 2014. Confirmation of the appointment has been placed on the Consent Agenda. 5. Western Virginia Regional Jail Authority The following one -year terms expire on December 31, 2010. It was the consensus of the Board at their November 16, 2010, closed session to re- appoint each of these members to an additional one -year term. Confirmation of these appointments has been placed on the Consent Agenda. • B. Clayton Goodman III as Alternate Administrative Official • Diane D. Hyatt as Administrative Official • Joseph B. Butch Church as Alternate Elected Representative • Michael W. Altizer as Elected Representative • Michael G. Winston as Sheriff Representative • Charles Poff, as Alternate Sheriff Representative VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -12.b ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2011 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2011, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 11, 2011 at 3 pm Tuesday, January 25, 2011 at 3 pm and 7 pm Tuesday, February 8, 2011 at 3 pm Tuesday, February 22, 2011 at 3 pm and 7 pm Tuesday, March 8, 2011 at 3 pm Tuesday, March 22, 2011 at 3 pm and 7 pm Tuesday, April 12, 2011 at 3 pm Tuesday, April 26, 2011 at 3 pm and 7 pm Tuesday, May 10, 2011 at 3 pm Tuesday, May 24, 2011 at 3 pm and 7 pm Tuesday, June 14, 2011 at 3 pm Tuesday, June 28, 2011 at 3 pm and 7 pm Tuesday, July 12, 2011 at 3 pm Tuesday, July 26, 2011 at 3 pm and 7 pm Tuesday, August 9, 2011 at 3 pm Tuesday, August 23, 2011 at 3 pm and 7 pm Tuesday, September 13, 2011 at 3 pm Tuesday, September 27, 2011 at 3 pm and 7 pm Tuesday, October 11, 2011 at 3 pm Page 1 of 2 Tuesday, October 25, 2011 at 3 pm and 7 pm Tuesday, November 15, 2011 at 3 pm and 7 pm Tuesday, December 13, 2011 at 3 pm and 7 pm 2. That the organizational meeting for 2012 shall be held on Tuesday, January 10, 2012 at 2:00 p.m. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church - NAYS: None A C,OPN TESTE: Debbfah C. Jacks V Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- 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 December 14, 2010, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8 inclusive, as follows: 1. Approval of Minutes — November 16, 2010 2. Confirmation of appointments to the Economic Development Authority; Grievance Panel; Library Board; Roanoke Valley Resource Authority; and Western Virginia Regional Jail Authority 3. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2011 4. Resolution requesting acceptance of Cottage Rose Lane into the Virginia Department of Transportation Secondary System 5. Resolution requesting acceptance of the remaining portion of Forest Acre Court into the Virginia Department of Transportation Secondary System 6. Request to accept the donation of certain real estate from an affected property owner for roadway improvements to Sierra Drive, Route 1876 and Santa Anita Terrace, Route 1849, Hollins Magisterial District 7. Resolution granting signatory authority to execute project administration agreements for approved Revenue Sharing Funds for fiscal year 2010 -2011 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Donna L. Furrow, Assistant Chief of Police, upon her retirement after more than twenty -seven years of service On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 0 n motion of S u pe rvisor Altizer to 'ad opt the reisol ution, a n d ca rried b the fol l owi ij I V-14N AYES: S Moore,, Altizer, Flora, Elswick, Church AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -12.c REQUESTING ACCEPTANCE OF COTTAGE ROSE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Virginia Department of Transportation (VDOT) Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of -way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES; - Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation Page 2of2 Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -12.c REQUESTING ACCEPTANCE OF COTTAGE ROSE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Virginia Department of Transportation (VDOT) Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of -way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation hereby certify that the foregoing is a true and correct copy of Resolution 121410 -12.c adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, December 14, 2010. Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 On motion of Supervisor Al�ti�zer to adopt the resolution , and carried b the followin recorded vote.- AYES,: Supervisors Moore, Altizer, Flora, Elswick, Church UAW': None O Debora1h C. Jacks Clerk to the Board of Supervisors cc: Arnold Cove Director of Communit Development Brian Epperl� Transportation En Vir Department of Transportation I hereb certif that the fore 'i's a true and correct cop of Resolution 121410-12.c adopted b the Roanoke Count Board of Supervisors b a unanimous recorded vote on I i Tuesda Diecember 141 2010. I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -12.d REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF FOREST ACRE COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Virginia Department of Transportation (VDOT) Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of -way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 un motion of Supervisor Altizer to adopt, the resolution , and carried b the followin � f -40101 i �Fl�ora, Elswick, Church AYES: Supervisors Moore, Altizerl i NAYS-. Noni; cc: Arnold Cove Director of Communit Development, Brian Epperl Transportation En Vir Department of Transportation I hereb certif that the fore is a true and correct cop of Resolution 121410-12.d adopted b the Roanokei Count Board of Supervisors b a unanimous recorded vote on Tuesda December 14, 2010. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -12.d REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF FOREST ACRE COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Virginia Department of Transportation (VDOT) Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of -way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 wobol - VAMI /Vld ACTION NO. A- 121410 -12e ITEM NO. J -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 14, 2010 AGENDA ITEM: SUBMITTED BY: Request to accept the donation of certain real estate from an affected property owner for roadway improvements to Sierra Drive, Route 1876 and Santa Anita Terrace, Route 1849, Hollins Magisterial District Arnold Covey Director of Community Development COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following real estate, being conveyed to the Board of Supervisors of Roanoke County, Virginia, for roadway improvements, specifically for construction of cul -de -sac's at the termination of Sierra Drive, Route 1876 and Santa Anita Terrace, Route 1849 in the Hollins Magisterial District: Donation of 0.3961 acre of Roanoke County Tax Map No. 38.14 -01 -05.00 as shown on the plat attached hereto as "Exhibit A "; being a portion of property conveyed to Advance Stores Company, by deed dated September 27, 1999, of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Deed Book 1636, page 339 Acceptance of the aforementioned property is a necessary step in the process to complete the Revenue Sharing Project at the termination Sierra Drive, Route 1876 and Santa Anita Terrace, Route 1849. Assuming this real estate donation is favorably accepted by the Board, this action will be followed by the Virginia Department of Transportation constructing the mentioned improvements. FISCAL IMPACT: None Page 1 of 2 ALTERNATIVES: 1. Accept the donation of real estate and authorize the County Administrator, or Assistant County Administrator, to execute such documents as may be necessary to accomplish this acceptance. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Arnold Covey, Director of Community Development William Driver, Director of Real Estate Valuation Page 2of2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church Z El El cc: Arnold Covey, Director of Community Development William Driver, Director of Real Estate Valuation Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON DECEMBER 14, 2010 RESOLUTION 121410 -12.f GRANTING SIGNATORY AUTHORITY TO EXECUTE PROJECT ADMINISTRATION AGREEMENTS FOR APPROVED REVENUE SHARING PROJECTS FOR THE FISCAL YEAR 2010 -2011 WHEREAS, the Board of Supervisors submitted an application for an allocation of funds of up to $500,600 through the Virginia Department of Transportation fiscal year 2010 -2011 Revenue Sharing Program; and WHEREAS, $500,600 of these funds were requested to fund the projects identified in Roanoke County Revenue Sharing Program for fiscal year 2010 -2011. NOW, THEREFORE, BE IT RESOLVED that Roanoke County Board of Supervisors approved the Revenue Sharing Project list for fiscal year 2010 -2011 and supported the application for an allocation of $500,600 through the Virginia Department of Transportation Revenue Sharing Program, and a pro -rated portion of these funds were approved by the Commonwealth Transportation Board on September 15, 2010. AND BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors hereby grants authority for the County Engineer to execute project administration agreements for any approved revenue sharing projects. On motion of' Supervisior Altizer to adopt the resolu�tion, and carried b thi followin recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS-, None 0 4/Deborah C. ackd Clerk to the Board "lup errs isors cc*. Arnold Cove Director of Communit Development Brian Epperl Trap sportatibn Engineer AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -12.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DONNA L. FURROW, ASSISTANT CHIEF OF POLICE, UPON HER RETIREMENT AFTER MORE THAN TWENTY -SEVEN YEARS OF SERVICE WHEREAS, Donna L. Furrow was hired on October 17, 1983, as a Communications Officer and promoted to: Police Officer in September of 1988; Police Sergeant in October of 1995; Police Lieutenant in April of 2001 and Assistant Chief of Police in February, 2003; and WHEREAS, Ms. Furrow retired on December 1, 2010, as Assistant Chief of Police after twenty -seven years and two months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County's Police Department, Ms. Furrow was completely dedicated, often at great personal risk, to the protection of the lives and property of the citizens of Roanoke County, promoting the fast and effective delivery of police services to the County, encouraging the officers under her command to try new and innovative techniques and ensuring that those officers had access to the best training in modern methods of policing available; and WHEREAS, Ms. Furrow worked tirelessly to establish and maintain effective lines of communication between the Police Department and other elements of Roanoke County government, particularly its schools, as well as other public and private agencies with whom the Police Department partners to serve the citizens of Roanoke County. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DONNA L. FURROW for more than twenty -seven years 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 resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: . None COPY TESTE: Deborah C. Jacks V Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD D F SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410-13 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 WHE R EAS, Section 2.2 -3712 of the code of V rginia requires a certification by the Board of Supervisors of Roanoke county, Virginia, that such closed meeting was conducted in conformity with Virginia law. NV, THErEFRE, BE IT IESLED, 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 irginia lair 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 e County, Virginia. motion of Supervi or church to adopt the resolution, and carried by the follo ring recorded vote: AYES: Supervisors Moore, Ald er, Flora, Elswick , Church 101 10 rem A C P TESTE: Deborah C. Jacks Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -14 APPOINTING DEBORAH C. JACKS AS CLERK TO THE BOARD OF SUPERVISORS WHEREAS, Section 15.2 -1538 of the Code of Virginia, 1950 as amended, provides for the appointment of a Clerk for the Board of Supervisors; and WHEREAS, Ordinance #62789 -4 adopted by the Board of Supervisors of Roanoke County on June 27, 1989, provides that the Board may appoint a County Clerk who shall serve at the pleasure of the Board and who shall have the duties and responsibilities as set out in said ordinance and in the State Code; and WHEREAS, said ordinance provides that if the Board chooses not to appoint a County Clerk such duties and responsibilities shall be performed by the County Administrator. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby appoints Deborah C. Jacks as Clerk to the Board of Supervisors effective from and after date of its adoption. 2. That Deborah C. Jacks shall exercise all of the powers and fulfill all of the duties of Clerk to the Board of Supervisors as provided in Ordinance #62789 -4 and as provided in the Code of Virginia. 3. That this resolution shall be effective from and after its adoption. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None cc: Paul M. Mahoney, County Attorney Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -15 AMENDING RESOLUTION 102610 -5 APPOINTING THE AUTHORITY BOARD MEMBERS FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, Resolution 102610 -5 adopted by the Board of Supervisors on October 26, 2010, appointed five citizens to serve on the authority board for the South Peak Community Development Authority; and WHEREAS, since the appointment one of the appointees, Brownie E. Polly, has notified the Board of Supervisors that he is unable to serve on the authority board due to a potential conflict of interests. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that this Board hereby appoints the following member of the South Peak Community Development Authority: Susan Still 2 year term The Board of Supervisors may remove at any time, without cause, any member appointed by it and may appoint a successor member to fill the unexpired portion of the removed member's term. BE IT FURTHER resolved that the Clerk to the Board be, and hereby is directed to send a copy of this Resolution to the individual named herein and the other members of the South Peak Community Development Authority. Page 1 of 2 Vn motion of Supervisor m,00re to adopt the resolution, and carried b the AYES.- Supervisors Moorei, Altizer, Flora,, Elswick, Church NAYS: None AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 14, 2010 ORDINANCE 121410 -16 REZONING 9.096 ACRES FROM AR, AGRICULTURAL RESIDENTIAL, DISTRICT TO C- 2C /CVOD, GENERAL COMMERCIAL/ CLEARBROOK VILLAGE OVERLAY, DISTRICT WITH CONDITIONS IN ORDER TO CONSTRUCT A GENERAL COMMERCIAL, RETAIL SALES AND RESTAURANT PROJECT, LOCATED ON THE NORTHEASTERN SIDE OF CLEARBROOK LANE AND ACROSS FROM THE INTERSECTION OF CLEARBROOK LANE AND CLEARBROOK VILLAGE LANE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the first reading of this ordinance was held on November 16, 2010, and the second reading and public hearing were held December 14, 2010; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 6, 2010; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 9.096 acres, as described herein, and located on the northeastern side of Clearbrook Lane and across from the intersection of Clearbrook Lane and Clearbrook Village Lane (Tax Map Numbers 88.04 -1 -42, 88.04 -1 -43 88.04 -1 -33) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agricultural Residential, District to C- 2C /CVOD, General Commercial /Clearbrook Village Overlay, District with conditions. 2. That this action is taken upon the application of Timberbrook Properties IX, LLC and Fincastle Equipment Company, LC. Page 1 of 6 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 primary access to the site (at the intersection of Clearbrook Lane and Clearbrook Village Lane) shall be designed so as to incorporate a sidewalk, pedestrian scale design features and landscaping in order to serve as a community focal point. A 15' planting area shall be installed along Clearbrook Lane and planted with native plants from the list provided in Appendix D of the Roanoke County Design Guidelines for the Clearbrook Village Commercial Overlay District and including shade trees, shrubs and flowering ornamental trees. (2) Subject to such modifications as pedestrian safety requires, pedestrian paths shall connect all buildings on the property. (3) All buildings shall be designed to be compatible with one another. All facades of buildings shall be of similar design, compatible materials and similar detailing. Exterior building colors shall be brown, beige, tan and /or white so as to complement the exterior color scheme for the retail development situate on Tax Parcel # 88.03 -01 -09.00 (i.e. Wal -Mart). (4) Plazas, hardscape, landscaped areas and site amenities shall also be compatible to the established building character and may include outdoor seating areas, varied paving materials to add contrast and texture, and decorative containers with seasonal landscape. (5) Roofline treatment shall be of compatible design on all buildings. No flat roofs visible from U.S. 220 shall be permitted on any building on the property. Rooftop mechanical units shall be shielded from view from U.S. 220 and Clearbrook Village Lane. (6) Required screening of service and trash areas shall be with finish materials matching the exterior finish material of the building for which it serves. (7) Acceptable building finishes include: a. brick b. wood, vinyl or composite wood substitute lap siding and trim C. stucco or exterior insulated finish system (EIFS) Page 2 of 6 d. stone face colored concrete block e. stone or cast stone f. standing seam metal, copper, composite slate the or asphalt shingle roof (8) The following building finishes are prohibited: a. Unpainted or bare metal panels b. Bare exposed concrete that is not exposed aggregate, hammered, sand blasted or covered with a cement based acrylic coating C. Unfinished wood other than cedar, mahogany, teak or redwood (9) Site Lighting: a. All lighting shall be shielded "cut off" types to internalize illumination and avoid spillover to adjacent residential properties. b. Sidewalks shall be illuminated with decorative pedestrian - scaled pole or building mounted luminaries. C. Plazas shall be illuminated similar to sidewalks but may include additional feature lighting for attractions and outdoor dining. d. Landscape lighting shall be employed to enhance site entrance and feature areas. e. No exposed fluorescent lighting shall be permitted. (10) Site Signage: a. The main freestanding tenant identification sign shall be near the intersection of Clearbrook Lane and Clearbrook Village Lane and shall be monument style utilizing materials approved as acceptable building materials and shall not have more than two sides. b. Signage color palette will be compatible with above named exterior building colors and shall complement the buildings' architectural style. (11) A Type D, Option 2 buffer shall be installed along the eastern boundary line of the property, as it adjoins Tax Parcels #88.04 -1 -31 and #88.04 -1 -32. The width of any other required buffer yard shall be increased by 10 %. All existing vegetation within a required buffer Page 3of6 yard shall be preserved to the greatest extent possible. Existing vegetation within a required buffer yard shall be a substitute for otherwise required screening if it complies with the standards of the required buffer yard. (12.) In order to provide additional buffering along the eastern boundary line of the property described in proffer #11 above, the following shall be provided: a. Views of rooftop mechanical units and flat roofs from Amanda Lane shall be buffered by the use of parapet walls. b. Unless otherwise limited by the Roanoke County zoning ordinance, Leland Cypress trees having a minimum height of nine (9) feet at the time of planting and planted fifteen (15) feet on center shall be used as the evergreen trees within the Type D, Option 2 buffer required by proffer #11 and also in the buffer yard on the southern boundary line adjoining Tax Parcel #088.04- 01 -44. The Leland Cypress trees shall be planted on the outside area of the required fencing in the Type D, Option 2 buffer. 4. That said real estate is more fully described as follows: A9.096Acre Parcel, situated along Clearbrook Lane, Cave Spring Magisterial District, comprised of Roanoke County Tax Parcels #88.04 -1 -33, #88.04 -1 -43 and #88.04 -1 -42. BEGINNING at Corner #1 an iron pin set, said point located on the southerly boundary of Tract C, (D.B. 1017, Pg. 373) property of Marvin J. Dodson, et ux, (D.B.1017, PG. 371) said point also being the northwesterly corner of Edward M. Jenkins, et ux, property (D.B. 1222, PG. 220) said corner also being the northeast corner of Roanoke County Tax #88.04 -1 -33; thence leaving Dodson and with Jenkins, S 04 20' 37" E, passing an iron pin found at 149.89 feet being the northwesterly corner of property of Byron G. Jefferson, (D.B. 1513, PG. 1163) in all 734.65 feet to Corner #2 an iron pin found, said point being the northeasterly corner of property of Charles C. Burdette, Jr., et ux, (D.B. 482, PG. 477) and also said point being located on the westerly boundary of property of Byron G. Jefferson, (D.B. 1513, PG. 1163); thence leaving Jefferson and with Burdette for the following two courses, S 88 43'04" W, 293.34 feet to Corner #3 an iron pin found, said point being the southeasterly corner of Roanoke County Tax #88.04 -1 -43; thence S 08 10'41 " W, passing a iron pin found at 209.24 feet in all 218.11 feet to Corner #4 an iron pin set, said point located on the easterly right -of -way of Virginia Secondary Route #624 (Clearbrook Lane); thence leaving Burdette and with Clearbrook Lane Page 4 of 6 for the following five courses, N 33 36' 19" W, 108.19 feet to Corner #5; thence N 45 38' 19" W, passing the northwesterly corner of Roanoke County Tax #88.04 -1- 43 at 95.73 feet being corner #5A; thence leaving Tax #88.04 -1 -43 and with Roanoke County Tax #88.04 -1 -42 in all 102.67 feet to Corner #6; thence N 53 58' 19" W, 102.72 feet to Corner #7; thence N 66 21' 19" W, 96.64 feet to Corner #8; thence S 76 42' 26" W, 46.95 feet to Corner #9 an iron pin set, said point located on the southerly side of a 25 foot private right -of -way being Sunset Drive; thence leaving Clearbrook Lane and with the northerly boundary of Tax #88.04 -1 -42 and the southerly right -of -way of Sunset Drive, N 60 48' 43" E, passing the northeasterly corner of Tax #88.04 -1 -42 at 276.17 feet being Corner #9A and with Roanoke County Tax #88.04 -1 -33 in all 400.65 feet to Corner #10, said point located on the southerly boundary of property of Kimberly A. Parenti, (D.B. 1384 PG. 1373) being Lot C (P.B. 14, PG. 83); thence continuing with Lot C for the following two courses, N 38 14' 17" E, 73.07 feet to Corner #11 an iron pin found; thence N 08 52' 36" E, passing a 3 inch Maple at 216.69 feet on line, in all 255.07 feet to Corner #12 an iron pin found, said point located on the southerly boundary of property of James Melvin Dodson, et ux, (D.B. 1007, PG. 300) being Tract B (D.B. 1007 PG. 302); thence leaving property of Kimberly A. Parenti and with Dodson, N 86 42' 17" E, passing the southeasterly corner of Tract B at 268.89 feet in all 369.36 feet to Corner #1 the place of BEGINNING and containing 9.096 Acres as more particularly shown on plat prepared by Lumsden Associates, P.C. dated December 10, 2003 and recorded in the Clerks Office of the Circuit Court in Plat Book 27, Page 68. 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. Page 5 of 6 On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None Y TESTE: DeDorah C. Jacks V Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 6 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT - FHE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 ORDINANCE 121410 -17 DENYING A SPECIAL USE PERMIT FOR OPERATION OF A CONSTRUCTION YARD ON A 3.81 ACRE PARCEL OF REAL ESTATE ZONED AGRICULTURALIVILLAGE CENTER DISTRICT (AV) LOCATED IN THE 6000 BLOCK OF FRANKLIN ROAD (TAX MAP NO. 98.04 -02- 27.01) CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF KINGERY BROTHERS ASSOCIATES WHEREAS, the first reading of this ordinance was held on November 16, 2016, and the second reading and public hearing were held December 14, 2616; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 6, 2016; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of supervisor Moore to deny the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A C Y TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Page 1 of 2 William Drier, director of Real Estate Valuation Paul Mahoney, county Attorney John Murphy, Zoning Administrator Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 ORDINANCE 121410 -18 GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY IN C -2 WITHIN AN EXISTING 8,900 SQUARE FOOT BUILDING LOCATED IN THE NORTH MARKET VILLAGE SHOPPING CENTER AT 7210 WILLIAMSON ROAD (TAX MAP NO. 27.14- 02 -04) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF FELLOWSHIP COMMUNITY CHURCH WHEREAS, Fellowship Community Church has filed a petition for a special use permit for religious assembly to be located at 7210 Williamson Road (Tax Map No. 27.14- 02 -04) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 6, 2010; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 16, 2010; the second reading and public hearing on this matter was held on December 14, 2010. 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 Fellowship Community Church for religious assembly within an existing 8,900 square foot building located in the North Market Village Shopping Center at 7210 Williamson Road in the Hollins 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: Page 1 of 2 a) The reli assembl use shall not exceed 8,900 s feel i 2. That this ordinance shall be in ful�l force and effect th�irt (3iOi)i- da afterits final passa All ordinances or parts of ordinances in conflict wit�h the provisions, of this be and the same hereb are, repealed. The Zonin Administrator is d*rectel trdinance I I to amend the zonin district map to reflect the chan in zonin classification aut'hoiri'zeld I #:M=I On motion of' Supervisor Flora to adopt the ordinance,,, and carried b thiv-o, I AYES.- Supervisors Moore, Altizer, Flora, Elswick, Church A A& Deborah C., Jackst'#W` Clerk to the Board of Supervisors ACTION NO. A- 121410 -2 ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 14, 2010 AGENDA ITEM: Request to purchase one fire vehicle and appropriate funds in the amount of $200,000 SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Catawba Volunteer Fire Department approached the County about giving $100,000 towards the purchase of a mini - pumper. A mini - pumper is approximately half the size of a regular pumper and the apparatus ordered would be four -wheel drive. This type of vehicle is much needed in the rural Catawba area where small driveways and inclement weather make it difficult for larger apparatus to maneuver. The County has an excellent opportunity to replace a 1987 Grumman Duplex Pumper at the Catawba station for only fifty percent (50 %) of the cost. A vehicle will be taken out of service and sold on the County's surplus website and those funds will be returned to the County's vehicle replacement account. The Fire and Rescue Department develops and utilizes afour -year vehicle replacement plan. The department completed the previous replacement plan and developed a new plan for fiscal year 2008 -09 through fiscal year 2011 -2012 (Attachment A) The current vehicle at Catawba was scheduled to be replaced through reassignment of a truck included in the replacement plan. Due to budget reductions, only three of the five proposed trucks were replaced putting us well behind schedule. The replacement of these apparatus is crucial to keep modern, up -to -date and efficient equipment available to provide service to the County citizens. Replacement of older equipment is also essential to reduce the cost of maintenance and repairs. For the purchase of the mini - pumper, the County will use the purchasing procurement Page 1 of 2 process. Fire and Rescue now seeks approval to proceed with the procurement process, purchase of this vehicle and appropriation of funds. FISCAL IMPACT: The estimated cost of amini- pumper is $200,000. Catawba Volunteer Fire Department is contributing $100,000 towards the purchase of the fire vehicle. The Fire and Rescue Department has $17,153 of year end rollover funds that were originally planned to bean additional payment on the outstanding loan from the last vehicle purchase. Funding for the remaining balance of $82,847 is available in the Minor Capital Reserve. This account has a balance of $3,469,810.20. STAFF RECOMMENDATION: 1. Approval to proceed with the procurement and purchase of this fire vehicle 2. Accept and appropriate $100,000 from Catawba Volunteer Fire Department to the fire vehicle capital account 3. Appropriate $17,153 from fire operating to fire vehicle capital account 4. Appropriate $82,847 from the Minor Capital Reserve to the fire vehicle capital account VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 121410 -3 ITEM NO. E -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 14, 2010 AGENDA ITEM: Request to appropriate $19,520 for the cost to hold the January 11, 2011, Special Election SUBMITTED BY: Judith Stokes General Registrar APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On November 22, 2010, the Governor of Virginia entered a writ for a special election to be held on January 11, 2011, to elect a person to fill the unexpired term of member of the House of Delegates for the Eighth (8 ") Legislative House District. This vacancy was created by the resignation of Delegate H. Morgan Griffith upon his election to the U. S. House of Representatives. The cost of the January 11 t " Special Election was not included in the current budget and no reimbursement will be made by the state. FISCAL IMPACT: Election Officials and Staff Required advertising Rent of polling places STAFF RECOMMENDATION: $18,750 650 19n Total $19,520 Staff recommends appropriating $19,520 from the Board Contingency to cover the costs of the January 11, 2011, special election. Page 1 of 2 VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: Judith Stokes, General Registrar Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Judith Stokes, General Registrar Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 121410 -4 ITEM NO. E -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 14, 2010 Request to appropriate funds in the amount of $150,000 from minor capital, re- appropriate $55,000 from the Capital Improvement Incentive Fund and $95,000 from the Department of Parks, Recreation and Tourism Fee Class Account to replace the Walrond Park ball field lights. Pete Haislip Director of Parks, Recreation and Tourism Marcus Ordonez Assistant Director of Recreation B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Over the years several of the wooden light poles at Walrond Park ball fields began to show obvious wear, i.e. with slight twisting and leaning to the point that staff decided to initiate a safety assessment of the lighting system. This system, which is 33 years old, lights three fields, Walrond Park ball field number one, a 300 foot baseball field, field number two, a 200 foot baseball field, and a lit regulation sized football field overlaid between them (see drawing below). The field lighting evaluation assessed the structural condition of the wooden light poles and analyzed the illuminant levels. Clark- Nexsen, an architecture and engineering firm conducted the assessment and concluded that the wooden poles were beyond their useful life, was a potential risk to public safety and should be replaced. Based on the information in the report and the lean of several poles, the Parks Division proactively removed two in September 2010 and placed two portable light towers at Walrond in order to complete the remainder of the recreation football season. The remaining lighting system will not be functional for next year and will be removed this winter. The impact if this system is not replaced would result in North Roanoke Recreation Club not having sufficient field space to accommodate their current football program and would limit the use of the 200 foot baseball field. Following standards in the Community Use Manual staff had initially developed a recommendation that did not include lighting field number one, the 300 foot field. Field standards state that up to six (6) teams can be accommodated on an unlit field and eight (8) teams on a lit field. Currently, the North Roanoke Recreation Club only fields two teams that require a 300 foot field. However, when staff presented this recommendation to the Parks, Recreation and Tourism Advisory Commission they recommended that since this was a replacement versus new construction, that we replace the entire lighting system to light all three fields. The Commission felt that the Club should not lose the potential use of the 300 foot field for night games and tournaments etc. It also allows for potential growth in the older aged program. The cost estimate to replace the lighting system is approximately $300,000. The County Administrator asked parks and recreation to find one half of the needed funds. The funding mechanism to pay for the system was to utilize $55,000 from unexpended funds within the Capital Improvement Incentive Fund balance and $95,000 in funds provided from the Parks, Recreation and Tourism's Fee Class account. We request that the remaining funds, $150,000 come from the Minor Capital account. The Commission supported the funding mechanism to replace the lighting system. The benefits to replacing the sports lighting system include the following: • Addresses public safety concerns by replacing a system that is 33 years old and are beyond their useful life • Provides for adequate lighting levels according to the recommended thirty (30) to fifty (50) foot candles for each of playing area according to industry standards • Savings in electrical consumption from 107,850 watts versus 99,510 watts • Addresses a high priority within the 2011 -2015 Capital Improvement Program • The newer system requires less poles allowing for greater flexibility of play on all fields • Estimated fifty percent (50 %) less spill light. • Meets structural codes up to wind speeds of ninety (90) miles per hour • One hundred percent (100 %) maintenance free for twenty -five (25) years: typical systems today provide warranty program that covers up to one hundred percent (100 %) of the maintenance costs including parts and labor. • This system will provide the ability to turn the lights on and off from a remote location. (Existing Lighting System) z„ wig i 4 (Future Li S NOTE& Pailes A3 and 133 have a ain fixture mounted on a 1: P c ros sarm aimin fi g ht towards tho beAin w thatup of the pole and! o0entalodl at 90 and 270 de towards thia, baffln ca WL Com 84 A4 WEEN DENEUTION UNITW' GUARAWEED PERFORMANCE OUIPMFUT LAW1 E M Is B Nathan Chizek Fille #: 13932'0 Date: 'I 9-Jan- 10 Pole location + dilmenWons, Or" ` abv` Not to bie re per odlDiced hii whiole, or part Wth*Wtho written, so 0j'o reWence pia n1 dr wnsent of Museo Li 01981, 2010 Musm U I t1W1fidW&= Pigint Data ( 1 gMan,121011 0) & TM* ( 1134) As reported in our 2007 Master plan and most recent Capital Improvement Pro several sports li s within the Roanoke Count Parks inventor are reachin the end of their life span. Staff is movin forward with a formal assessment of these s There needs to be a fundin plan developed for the replacement of these s as other s could also be at the end of their life span. Lit fields are a crucial re for the local Recreation Clubs to ensure the have the minimum units of pla available to meet their pro needs. " 3 C "' B2 A2 FISCAL IMPACT: $150,000 Request from Minor Capital Reserves Re- appropriate remaining funds $55,000 from the CI IF Fund and $95,000 from the Parks, Recreation and Tourism Fee Class Fund. ALTERNATIVES: Alternative 1. The Board of Supervisors appropriate upto$150,OOOfrom minor capital and re- appropriate $55,000 from the Capital Improvement Incentive Fund and $95,000 from the department of Parks, Recreation and Tourism Fee Class Account to replace the Walrond Park ball field lights. Alternative 2. Not appropriate funds for the lighting project. STAFF RECOMMENDATION: Staff recommends Alternative 1, that the Board of Supervisors appropriate $150,000 from minor capital and re- appropriate $55,000 from the Capital Improvement Incentive Fund and $95,000 from the department of Parks, Recreation and Tourism Fee Class Account to replace the Walrond Park ball field lights. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Pete Haislip, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Pete Haislip, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance ACTION NO. A- 121410 -5 ITEM NO. E -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 14, 2010 Request for a transfer of $175,300 from fiscal year 2011 Community Policy and Management Team Funds to Roanoke County Schools to support continuation of school based programming no longer eligible for state reimbursement through the Comprehensive Services Act Daniel R. O'Donnell Assistant County Administrator B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Since 1998, the Roanoke County Community Policy and Management Team (CPMT) has approved funding for school based mental health services developed by the Community Services Board in partnership with the Roanoke County Public Schools (RCPS). These services provided support for special education students in the public school environment in order to prevent a more restrictive, and much more expensive, educational placement. These services were eligible for state reimbursement through the Comprehensive Services Act (CSA). School based mental health services can be provided at a substantially reduced cost compared to private day school placements, where absent intervention these students would likely be referred due to their high emotional and behavioral needs. In fiscal year 2010, one hundred and two (102) students were served under this mandate, with ninety eight (98) successfully maintained in public schools. The total expenditures in fiscal year 2010 were $1,261,587. As many of these funds were reimbursed by the state, the local cost totaled only $277,549. If these same students required a more restrictive special education placement such as private day school, the estimated local cost would have been $1,390,260. Over the past 10 months, there has been a shift in the interpretation of the use of these Page 1 of 3 funds by the State Department of Education in order to meet compliance with Federal special education law. Roanoke County departments have worked closely with State offices for guidance in current and future programming for this population. After careful consideration of applicable laws and service definitions eligible for state reimbursement under the Comprehensive Services Act, the CPMT approved funding for a community based program in June for fiscal year 2011. The recommended program, which incorporates school and community support, provides mental health services for twenty - four (24) eligible students and their families in order to prevent these students from being placed in a more restrictive setting. The total cost of this programming was $417,000, of which $325,260 would be reimbursed by the State Pool Funds. The remaining students were served directly by specialized school programming developed by RCPS to meet the needs of this population. Efforts to maintain these students in the public school would avert the substantial cost increase Roanoke County would incur if students required educational services in a private day school or residential placement. The CPMT was notified in November that the approved program would no longer be eligible for state reimbursement after December 18, 2010. On December 9, 2010 the Roanoke County CPMT voted to cease CSA funding effective December 18, 2010, with a recommendation that the contract be assigned to Roanoke County Schools directly. Thus, the fiscal responsibility of the mental health services being provided would transfer to the schools. The funding needed to continue the program until June 10, 2011, as originally contracted is already allocated in the fiscal year 2011 CPMT Pool Fund. The request today is to transfer these funds to RCPS to reimburse the Community Services Board providing the services. In the future, this type of program will no longer be a responsibility of the CPMT and County staff will work with the school system to try to provide cost effective, alternative programming within the school system's budget effective next fiscal year. FISCAL IMPACT: A transfer of $175,300 to Roanoke County Schools from the fiscal year 2011 CPMT Pool Fund budget to cover the contract costs for the rest of the school year is requested. These funds are available within the CPMT budget so no additional appropriation is necessary. Mid —year review of the CPMT budget shows that at current expenditure rates we can expect a small surplus at the end of the fiscal year even with this transfer. ALTERNATIVES: As the Commonwealth has indicated that it will no longer reimburse the County for this service, the only other alternative is to cancel the contract with the Community Service Board. This would result in students and families not receiving in- school behavioral intervention services. This would further result in significantly more expensive and less effective out -of- school placements. This other alternative is not in the best interest of the students or families and would result in higher overall local costs. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends the approval of a transfer of $175,300 from the fiscal year 2011 CPMT School Funds to Roanoke County Public Schools and the assignment of the contract from the Roanoke County CPMT to Roanoke County Schools to enable the continuation of the in- school services for the remainder of the school year. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Daniel R. O'Donnell, Assistant County Administrator Patience O'Brien, CSA Coordinator Dr. Jessica McClung, Director of Pupil Personnel Services and Special Education Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Daniel R. O'Donnell, Assistant County Administrator Patience O'Brien, CSA Coordinator Dr. Jessica McClung, Director of Pupil Personnel Services and Special Education Rebecca Owens, Director of Finance Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -6 IN SUPPORT OF THE DESIGNATION OF THE WILDERNESS ROAD: VIRGINIA'S HERITAGE MIGRATION ROUTE FROM WINCHESTER TO CUMBERLAND GAP (INCLUDING THE DANIEL BOONE WILDERNESS TRAIL), AND THE TWO APPLICABLE SPURS: THE CAROLINA ROAD AND THE FINCASTLE /CUMBERLAND GAP TURNPIKE, AS VIRGINIA BYWAYS AND NATIONAL BYWAYS WHEREAS, from 1775 to 1810, an estimated 300,000 settlers traveled through Virginia to the Cumberland Gap. This migration and western movement is a significant event in Virginia history and to the development of the United States of America. Today, an estimated 43 million Americans can trace their ancestors to the migration through Virginia along the Wilderness Road: Virginia's Heritage Migration Route; and WHEREAS, the historical migration of early settlers and pioneers to Virginia followed closely to what is now Route 11, 58 and 23 from Winchester to Cumberland Gap (including the Daniel Boone Wilderness Trail —Route 58 from Moccasin Gap to Cumberland Gap), but also followed other "spur" migration routes such as the Carolina Road along Route 220 and the Fincastle Turnpike along Routes 42, 61, 19, 460, 71 and 72; and WHEREAS, these migration routes are now being developed as driving routes /trails to preserve, interpret and promote the history, heritage and culture of the early pioneer settlement and migration through Virginia, and the role that Virginia played in the migration of settlers through Virginia and to other states of our growing of the nation; and Page 1 of 4 WHEREAS, the Wilderness Road organization has been formed as a recognized non - profit organization under the leadership and guidance of the Virginia Tourism Corporation, in partnership with tourism representatives from 28 tourism localities and 12 state /federal partners, to develop and promote the driving route of the Wilderness Road: Virginia's Heritage Migration Route, and spurs known as the Carolina Road, and the Fincastle /Cumberland Gap Turnpike, connecting with the Daniel Boone Wilderness Trail, and individual community loops for each locality; and WHEREAS, the mission of the Wilderness Road organization is to develop a new tourism product to increase economic growth and tourism spending in the region. The purpose of the organization is to promote The Wilderness Road: Virginia's Heritage Migration Route from Winchester to Cumberland Gap in a way that preserves and interprets the heritage of the migration era from the 1700s to the mid 1800s, to increase tourism visitation and economic impact of tourism spending; and WHEREAS, the Commonwealth of Virginia has recognized the driving route as The Wilderness Road: Virginia's Heritage Migration Route, which shall not affect any other designation heretofore or hereafter applied to this route or any portions thereof; and WHEREAS, there are more than 2,700 miles of roads designated as Virginia Byways, to help attract visitors and support economic development through tourism, and the Virginia Department of Transportation (VDOT), the Virginia Tourism Corporation (VTC), the Virginia Department of Conservation and Recreation (DCR) and the Commonwealth Transportation Board (CTB), encourages local governments to nominate roads for Virginia Byway designation. Page 2 of 4 WHEREAS, the United States Secretary of Transportation recognizes certain roads (including multi- state) as All- American Roads or National Scenic Byways based on one or more archeological, cultural, historic, natural, recreational and scenic qualities, with the Wilderness Road: Virginia's Heritage Migration Route, (including the Daniel Boone Wilderness Trail), and applicable spurs known as the Carolina Road, and the Fincastle /Cumberland Gap Turnpike include each of these intrinsic qualities; and WHEREAS, the National Scenic Byways Program is part of the U.S. Department of Transportation and Federal Highway Administration, and the program is a grass -roots collaborative effort established to help recognize, preserve and enhance selected roads throughout the United States; and WHEREAS, since 1992, the National Scenic Byways Program has provided funding for almost 1500 state and nationally designated byway projects in 48 states. THEREFORE BE IT RESOLVED, that Roanoke County expresses its support to the Virginia Department of Transportation and the General Assembly of the Commonwealth of Virginia to provide Virginia Byway designation of the Wilderness Road: Virginia's Heritage Migration Route (including the Daniel Boone Wilderness Trail), and the Fincastle Turnpike and Carolina Road spur routes; and BE IT FURTHER RESOLVED, that Roanoke County expresses its support to the U.S. Department of Transportation, Federal Highway Administration, and United States Secretary for National Byway Designation of the Wilderness Road: Virginia's Heritage Migration Route (including the Daniel Boone Wilderness Trail) ,and the spur Fincastle Turnpike and Carolina Road routes; and Page 3 of 4 1 q i i 211 Al 0 M or! a the Wilderness Road or to develop and promote the Wilderness Road: i h the spur Fincastle Turnpike and Carolina Road routes, as Vir B and M I On motion of Su • Iopt the resolution, and carried b the AYES-. Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: �Non�e cc.- Catherine Fox�, Director of To�urism and Comm u�n ications Roanoke Valle Convention and Visitors Bureau Lanidon Howard, Executive Director Roanoke Valle Convention and Visitors Bureau ACTION NO. A- 121410 -7 ITEM NO. E -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 14, 2010 AGENDA ITEM: SUBMITTED BY: Approval of an agreement with Botetourt County to terminate a revenue sharing agreement for the Jack Smith Industrial Park and appropriation of the balance needed of $382,632.72 Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This agenda item authorizes the County Administrator to execute on behalf of Roanoke County an agreement (Attachment A) to terminate the revenue sharing agreement with Botetourt County for the Jack Smith Industrial Park. This agreement also provides for the County selling its one -half interest in the joint public branch library to Botetourt County. This real estate transfer must be accomplished by ordinance which requires two readings. This ordinance is a separate action on your agenda. Botetourt County and Roanoke County reached an agreement on August 25, 1988, to provide for the sharing of certain local tax revenues and the sharing of the costs of roads and public facilities for the development of a 68 acre industrial park to be known as the Jack Smith Industrial Park. By deed dated April 20, 1994, and recorded in Deed Book 461, page 913 among the land records of the Clerk of the Circuit Court of Botetourt County, the Greater Roanoke Valley Development Foundation conveyed to the Industrial Development Authority of Botetourt County and the Industrial Development Authority of Roanoke County 15.197 acres of real estate. Only a portion of this industrial park has been developed as the parties originally intended and due to changed economic circumstances the original agreement is no longer effective. Botetourt County desires to develop a portion of this property for a new public school in order to meet the demands of growth in this portion of its jurisdiction. Page 1 of 3 On November 17, 2010, the Economic Development Authority of Roanoke County approved this agreement and authorized its Chairman to execute it. It also authorized its Chairman to execute a deed from it to Botetourt County. Both counties intend to mutually agree to terminate the August 25, 1988, agreement, to adjust the costs, expenses and anticipated revenues in a fair and judicious manner and to convey portions this real estate to accomplish the purposes of this agreement. The Board of Supervisors for Botetourt County has approved this agreement, agreed to accept the payment of funds provided herein, and accepted the conveyance of the real estate described herein by action taken on December 14, 2010. FISCAL IMPACT: Roanoke County shall pay the sum of $532,254.91, which is the net balance Roanoke County owes to Botetourt County in order to complete the transactions described in this agreement as summarized in Attachment B — the Memorandum of Understanding dated September 23, 2010. We currently have $149,622.19 appropriated or accrued to pay Botetourt County for this agreement. This leaves a balance of $382,632.72 that needs to be appropriated at this time to complete funding for this agreement. STAFF RECOMMENDATION: Staff recommends the following actions: 1. Approve this agreement and authorize the County Administrator to execute it on behalf of Roanoke County. 2. Appropriate the sum of $382,632.72 from the Minor Capital Reserve, which will be combined with the $149,622.19 currently available to pay to Botetourt County. Page 2 of 3 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Paul M. Mahoney, County Attorney Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Paul M. Mahoney, County Attorney Rebecca Owens, Director of Finance Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -8 GRANTING A WAIVER UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE - ARTICLE II. "NOISE" OF CHAPTER 13. "OFFENSES — MISCELLANEOUS" OF THE ROANOKE COUNTY CODE TO HOWARD SHOCKEY & SONS, INC. AND COUNTS & DOBYNS — BUCK MOUNTAIN ROAD IMPROVEMENT PROJECT, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Howard Shockey & Sons, Inc. have requested a waiver of the County's noise ordinance as contemplated under Sec. 13 -23. "Undue hardship waiver" be given to Howard Shockey & Sons, Inc. and Counts and Dobyns, the contractors for the Buck Mountain Road improvement project, to permit the road construction to be performed at night to take advantage of lower traffic volumes beginning on December 15, 2010, and ending February 28, 2011; and WHEREAS, Wolverton and Associates had previously prepared road improvement plans for the Walmart project. These plans have been reviewed and approved by both the County and Virginia Department of Transportation (VDOT); and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance - Article II. "Noise" of Chapter 13. "Offenses — Miscellaneous "to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13 -23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to Howard Shockey & Sons, Inc. and Counts and Dobyns from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning at approximately 10:00 p.m. on December 15, 2010, and ending 7:00 a.m. on February 28, 2011. b. Whether the noise is intermittent or continuous: The noise produced during the process of performing road construction is done in order to take advantage of lower traffic volumes, minimizing impacts on the public, while maximizing safety to the public and construction workers. Tasks currently identified as those that will be performed at night include but are not limited to: storm drain piping & structures including road crossing; water line relocation; curb & gutter and concrete medians that tie to US 220 from Buck Mountain Road; all road widening, profiling and paving; and pavement marking. The noise waiver will not be utilized on a daily basis; rather it will be used when necessary and prudent to do so. C. The extensiveness of the noise: May be extensive at times depending upon the nature of the work. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: This work has to be completed at night in order to minimize impacts on the traveling public, while maximizing safety to the public and construction workers. Also the Virginia Department of Transportation requests that this work be done at night. e. Other matters related to the impact of the noise on the health, safety Page 2 of 4 and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: Work is being done at this time to avoid disruption to the Roanoke County Schools (Clearbrook Elementary) and nearby Faith Christian School. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this road work is necessary and incidental to fulfilling the conditions of the special use permit approved by the Board of Supervisors for the Clearbrook Wal -Mart development and will allow the Buck Mountain Road improvement project to open to the public simultaneously to the new traffic patterns from the Wal -Mart development. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by operation of equipment for road construction under subsection (1) of Sec. 13 -21. "Specific acts as noise disturbance" or under the provision of Sec. 13- 20. "General prohibition" would produce serious economic hardship for Howard Shockey & Sons, Inc. and Counts & Dobyns without producing any substantial benefit to the public, further it would result in greater impacts on the public using U.S. Route 220, increase safety hazards both for the public and the construction workers, and be contrary to the directives of the Virginia Department of Transportation. 3. That the provisions of Sec. 13-21. "Specific acts as noise" subsection (1) and Sec. 13 -20. "General prohibition" of Article II. "Noise" of Chapter 13. "Offenses — Page 3 of 4 Miscellaneous" be WAIVED for a period from December 15, 2010 until February 28, 2011. 4. This Waiver is granted specifically to Howard Shockey & Sons, Inc. and Counts and Dobyns, their officers, employees and agents for road construction work and related activities on Buck Mountain Road at Route 220 at the Clearbrook WalMart development in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A CO TESTE: Deborah C. Jacks iv Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Paul M. Mahoney, County Attorney Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -9 EXPRESSING CONCERNS ABOUT ALCOHOLIC ENERGY DRINKS AND REQUESTING THE GENERAL ASSEMBLY FOR THE COMMONWEALTH OF VIRGINIA TO BAN ALCOHOLIC ENERGY DRINKS WHEREAS, alcoholic energy malt beverages, which may contain significant amounts of caffeine, ginseng, ginkgo biloba and other herbal /chemical stimulant ingredients, are being increasingly marketing towards juveniles and other young drinkers; and WHEREAS, a typical alcohol energy drink contains 24 ounces and has a 12 percent alcohol content which is 3 to 4 times the alcohol content of a 12 ounce beer, according to the Michigan Liquor Control Commission; and WHEREAS, a leading study by the Wake Forest University School of Medicine found a doubling of occurrences of injury and need for medical attention as well as the likelihood of riding with an intoxicated driver among students who consumed these alcoholic energy drinks; and WHEREAS, research at the University of Florida shows these products encourage dangerous consumption patterns with accompanying dangerous behavior patterns which is frequently linked to increased potential for addiction, especially among young drinkers; and WHEREAS, the overuse of caffeine or other stimulants can result in acute overdoses that can cause serious health problems including heart palpitation, depression, anxiety and in extreme cases, death, as well as lapses of judgment; and Page 1 of 3 WHEREAS, the marketing messages for malt beverage products containing caffeine and other stimulants imply that they have beneficial energizing effects without disclosing the potential adverse effects and consequences to the consumer of these beverages; and WHEREAS, several state attorney generals and agencies including the National Alcohol Beverage Control Association (NABCA), the Washington State Liquor Control Board, the Michigan Liquor Control Commission and numerous other governmental bodies have expressed concerns by resolution or otherwise to the marketing of alcoholic beverage drinks towards young people in a way that produces false impressions of these products' effects; and WHEREAS, the federal Food and Drug Administration (FDA) is currently researching the safety and legality of alcoholic energy drinks; and WHEREAS, the States of Michigan and Washington have issued bans upon the sale of alcohol energy drinks within their respective jurisdictions thru their respective administrative agencies. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it expresses its unanimous concern about the evidence of increased purchase and consumption of alcoholic energy drinks by young people within Roanoke County. 2. That it requests the General Assembly for the Commonwealth of Virginia to adopt legislation banning the sale of alcoholic energy drinks. 3. That the Clerk to the Board of Supervisors is directed to send an attested copy of Page 2of3 this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith, Delegate Onzlee Ware, Delegate William Cleaveland; Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 3of3 I piii lip Smith, Dele Onzlee Ware, Dele William Cleaveland; Stephanie Moon, Town of Vinton: Members of the Vinton Town Council'andi the Roanoke Val�le I ii 1 p� m i l I I I 1 1;11111111 1 11 11 1 11 iiiiii III -T' Ife IIT117 11:1111 11 o 111111111p III II li� I Will ff=0 On motion f Su � lll; i AYES: Supervisors Moore, Altizer, Flora, Elswick, Church Clerk to thie Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 14, 2010 RESOLUTION 121410 -9 EXPRESSING CONCERNS ABOUT ALCOHOLIC ENERGY DRINKS AND REQUESTING THE GENERAL ASSEMBLY FOR THE COMMONWEALTH OF VIRGINIA TO BAN ALCOHOLIC ENERGY DRINKS WHEREAS, alcoholic energy malt beverages, which may contain significant amounts of caffeine, ginseng, ginkgo biloba and other herbal /chemical stimulant ingredients, are being increasingly marketing towards juveniles and other young drinkers; and WHEREAS, a typical alcohol energy drink contains 24 ounces and has a 12 percent alcohol content which is 3 to 4 times the alcohol content of a 12 ounce beer, according to the Michigan Liquor Control Commission; and WHEREAS, a leading study by the Wake Forest University School of Medicine found a doubling of occurrences of injury and need for medical attention as well as the likelihood of riding with an intoxicated driver among students who consumed these alcoholic energy drinks; and WHEREAS, research at the University of Florida shows these products encourage dangerous consumption patterns with accompanying dangerous behavior patterns which is frequently linked to increased potential for addiction, especially among young drinkers; and WHEREAS, the overuse of caffeine or other stimulants can result in acute overdoses that can cause serious health problems including heart palpitation, depression, anxiety and in extreme cases, death, as well as lapses of judgment; and Page 1 of 3 WHEREAS, the marketing messages for malt beverage products containing caffeine and other stimulants imply that they have beneficial energizing effects without disclosing the potential adverse effects and consequences to the consumer of these beverages; and WHEREAS, several state attorney generals and agencies including the National Alcohol Beverage Control Association (NABCA), the Washington State Liquor Control Board, the Michigan Liquor Control Commission and numerous other governmental bodies have expressed concerns by resolution or otherwise to the marketing of alcoholic beverage drinks towards young people in a way that produces false impressions of these products' effects; and WHEREAS, the federal Food and Drug Administration (FDA) is currently researching the safety and legality of alcoholic energy drinks; and WHEREAS, the States of Michigan and Washington have issued bans upon the sale of alcohol energy drinks within their respective jurisdictions thru their respective administrative agencies. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it expresses its unanimous concern about the evidence of increased purchase and consumption of alcoholic energy drinks by young people within Roanoke County. 2. That it requests the General Assembly for the Commonwealth of Virginia to adopt legislation banning the sale of alcoholic energy drinks. 3. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Page 2of3 Smith, Delegate Onzlee Ware, Delegate William Cleaveland; Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None Clerk to the Boa cc: Paul M. Mahoney, County Attorney Governor Bob McDonnell Senator John S. Edwards Senator Ralph Smith Delegate H. Morgan Griffith Delegate Onzlee Ware Delegate William Cleaveland Stephanie Moon, Roanoke City Clerk; Roanoke City Council Kevin S. Boggess, Clerk for Salem City Council; Salem City Council Clerk for the Town of Vinton; Members of the Vinton Town Council Roanoke Valley - Alleghany Regional Commission Virginia Association of Counties I hereby certify that the foregoing is a true and correct copy of Resolution 121410 -9 adopted by the Roanoke County Board of rvisors by a unanimous recorded vote on Tuesday, December 14, 2010. A _ Ao \ _ Deborah C. Jacks � Clerk to the Board of I Zervisors, Page 3 of 3