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HomeMy WebLinkAbout5/28/2013 - RegularMay 28, 2013 185 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 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 May 2013. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: OPENING CEREMONIES Before the meeting was called to order, an invocation was given by Pastor Gregory D. Reynolds of the Wesleyan Church and the Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER taken. Chairman Altizer called the meeting to order at 3:07 p.m. The roll call was MEMBERS PRESENT: Chairman Michael W. Altizer; Supervisors Joseph B. "Butch" Church, Eddie "Ed" Elswick, Richard C. Flora and Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Richard Caywood, Assistant County Administrator; Paul M. Mahoney, County Attorney; and Deborah C. Jacks, Clerk to the Board IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Elswick added a new business item to the evening session as agenda item P.2; a Resolution declaring May 28, 2013, as Luke Hancock Day in Roanoke County. 186 May 28, 2013 Mr. Mahoney, County Attorney changed the agenda item New Business to First Reading of an Ordinance and added as item F.1 — Ordinance to accept the conveyance of the old William Byrd High School and the Roland E. Cook Elementary School to the Board of Supervisors. There were no objections. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the week of June 3 -7, 2013, as Business Appreciation Week in the County of Roanoke (Jill Loope, Acting Director of Economic Development) In attendance for this recognition were Jill Loope, Acting Director of Economic Development; Melinda Cox, Existing Business Manager; Mr. Trent Hard, Plant Manager of Integrity Windows; Kim Carte, Human Resources Manager for Integrity Windows. Ms. Loope detailed the background for this proclamation. The Clerk read the proclamation. All Supervisors offered their thanks. IN RE: FIRST READING OF ORDINANCES 1. Ordinance to accept the conveyance of the old William Byrd High School (Tax Map #60.11 -4.17 and 60.11 -11 -4.20 and the Roland E. Cook Elementary School (Tax Map #60.16- 09 -40) from the Roanoke County School Board to the Board of Supervisors There was no discussion. Chairman Altizer moved to approve the first reading and set the second reading and public hearing for June 25, 2013, and the motion was carried by the following recorded vote for all four agenda items: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. Larry and Rhonda Conner to obtain a Special Use Permit in a R -1, Low Density Residential, District for an accessory apartment on approximately 4.68 acres, located at 6185/6183 Bent Mountain Road, Windsor Hills Magisterial District May 28, 2013 187 2. Fellowship Community Church to obtain a Special Use Permit in a R -1, Low Density Residential, District for the construction of an overflow parking lot on approximately .412 acre, located at 1230 Red Lane Extension, Lot 11, Catawba Magisterial District 3. Carol Lachowicz to obtain a Special Use Permit in a AV, Agricultural/Village Center, District for the operation of an automobile repair services, minor on approximately 4.476 acres, located at 8364 Bent Mountain Road, Windsor Hills Magisterial District 4. Pelewoo Properties LLC to obtain a Special Use Permit in a C -2C, General Commercial, District with conditions for the operation of an automobile dealership, used on approximately 1.57 acres, located at 6802 Peters Creek and 7323 Deer Branch Road, Hollins Magisterial District 5. Charles S. Wells to rezone approximately 1.0 acre from C -2C, General Commercial, District with conditions to I -2C, High Intensity Industrial, District with conditions, located at 3327 Shawnee Drive, Catawba Magisterial District There was no discussion. Chairman Altizer moved to approve the first reading and set the second reading and public hearing for June 25, 2013, and the motion was carried by the following recorded vote for all four agenda items: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: ADOPTION OF PROPOSED BUDGET AND SECOND READING OF ORDINANCE 1. Resolution adopting the fiscal year 2013 -2014 budget, including the fiscal years 2014 -2018 Capital Improvement Plan, for Roanoke County, Virginia (W. Brent Robertson, Director of Management and Budget) Mr. Robertson outlined the resolution and advised the public hearing and first reading of this ordinance was held on April 23, 2013. RESOLUTION 052813 -1 APPROVING THE FISCAL YEAR 2013- 2014 BUDGET FOR ROANOKE COUNTY, VIRGINIA 88 May 28, 2013 WHEREAS, Section 15.2 -2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2 -2506 of the State Code, and the public hearing as required thereon was held on April 23, 2013. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for fiscal year 2013 -2014 for Roanoke County, Virginia, as shown on the attached Schedules. 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. County of Roanoke Adopted FY 2013 -2014 Budget May 28, 2013 Revenue Estimates General Fund General Government General Property Taxes Local Sales Tax Telecommunications Tax Business License Tax Bank Franchise Tax Utility Consumer Tax Motor Vehicle License Tax Recordation /Conveyance Tax Meals Tax Hotel /Motel Tax Other Local Taxes Permits, Fees & Licenses Fines and Forfeitures Interest Income Charges for Services Amount 117,820,000 9,950,000 3,763,000 6,250,000 525,000 3,665,000 2,215,000 1,300,000 4,050,000 1,055,000 666,000 476,560 810,400 164,100 3,722,433 May 28, 2013 • Commonwealth 9,264,932 Federal 3,275,000 Other 1,996,663 Total General Government $ 170,969,088 Communications & Information Technology 8,179,339 Comprehensive Services 5,227,799 Law Library 27,175 Public Works Projects 184,481 S B & T Building 444,580 Recreation Fee Class 5,379,462 Police Special Programs 1,000 Criminal Justice Academy 149,410 Fleet Service Center 2,770,000 Total General Fund $ 193,332,334 Debt Service Fund - County 6,999,924 Capital Projects Fund 4,553,856 Internal Service Fund 1,702,631 School Operating Fund 133,799,052 School Nutrition Fund 5,818,000 School Debt Service Fund 14,177,897 School Grants Fund 5,113,019 School Capital Fund 845,488 School Instructional Resources Fund 945,575 School Bus Fund 325,000 School Laptop Insurance Reserve 305,600 Total Revenues All Funds $ 367,918,376 Less: Transfers (108,516,047) Total Net of Transfers $ 259,402,329 Proposed Expenditures Amount General Fund General Government General Administration $ 2,961,923 Constitutional Officers 13,415,184 Judicial Administration 810,732 Management Services 3,178,502 Public Safety 24,815,893 Community Services 10,962,574 Human Services 18,817,536 190 May 28, 2013 Non - Departmental 11,664,875 Transfers to School Operating Fund 64,568,020 Transfers to School Insurance - Dental 477,299 Transfers to (from) Capital Fund (202,184) Transfers to Debt Service Fund 16,294,134 Transfer to Public Works Projects 184,481 Transfer to Comprehensive Services 1,853,000 Other 1,167,119 Total General Government $ 170,969,088 Communications and Information Technology 8,179,339 Comprehensive Services 5,227,799 Law Library 27,175 Public Works Projects 184,481 S B & T Building 444,580 Recreation Fee Class 5,379,462 Criminal Justice Academy 1,000 Police Special Programs 149,410 Fleet Service Center 2,770,000 Total General Fund $ 193,332,334 Debt Service Fund - County 6,999,924 Capital Projects Fund 4,553,856 Internal Service Fund 1,702,631 School Operating Fund 133,799,052 School Nutrition Fund 5,818,000 School Debt Fund 14,177,897 School Grants Fund 5,113,019 School Capital Fund 845,488 School Textbook Fund 945,575 School Bus Fund 325,000 School Laptop Insurance Reserve 305,600 Total Expenditures All Funds 367,918,376 Less: Transfers $ (108,516,047) Total Net of Transfers $ 259,402,329 On motion of Supervisor Flora to adopt the resolution and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None May 28, 2013 191 2. Ordinance to appropriate funds for the fiscal year 2013 -2014 budget and approval of the Classification Plan for fiscal year 2013 -2014 (W. Brent Robertson, Director of Management and Budget) Mr. Robertson advised there were three technical changes in the Classification Plan from the first reading held on April 23, 2013 and they were all title changes. Supervisor Church asked if the debt service school transfer was consistent with prior years with Mr. Robertson advising in the affirmative. ORDINANCE 052813 -2 APPROPRIATING FUNDS FOR THE 2013 -2014 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 23, 2013, concerning the adoption of the annual budget for Roanoke County for fiscal year 2013 -14; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 28, 2013, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 14, 2013, and the second reading of this ordinance was held on May 28, 2013, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2013, and ending June 30, 2014, for the functions and purposes indicated: County of Roanoke Adopted FY 2013 -20144 Budget May 28, 2013 Revenues: General Fund: General Government $ 170,969,088 Communications & Information Technology 8,179,339 Comprehensive Services 5,227,799 192 May 28, 2013 Law Library Public Works Projects SB &T- Social Services Building Recreation Fee Class Police Special Programs Criminal Justice Academy Fleet Service Center Total General Fund 27,175 184,481 444,580 5,379,462 1,000 149,410 2,770,000 $ 193,332,334 Debt Service Fund - County $ 6,999,924 Capital Projects Fund $ 4,553,856 Internal Service Fund - Risk Management $ 1,702,631 School Funds: Operating $ 133,799,052 Nutrition 5,818,000 Debt 14,177, 897 Grants 5,113,019 Capital 845,488 Instructional Resources 945,575 Bus 325,000 Laptop Insurance Reserve 305,600 Total School Fund $ 161,329,631 Total All Funds $ 367,918,376 Expenditures: General Government: General Administration Board of Supervisors $ 293,582 County Administrator 291,306 Public Information 181,566 Asst. Co. Administrators 361,754 Human Resources 758,820 May 28, 2013 193 County Attorney 550,776 Economic Development 524,119 Total General Administration $ 2,961,923 Constitutional Officers Treasurer $ 769,261 Commonwealth Attorney 1,071,134 Commissioner of the Revenue 793,362 Clerk of the Circuit Court 1,066,296 Sheriff s Office 9,715,131 Total Constitutional Officers $ 13,415,184 Judicial Administration Circuit Court $ 237,972 General District Court 69,940 Magistrate 1,590 J & DR Court 21,086 Court Service Unit 480,144 Total Judicial Administration $ 810,732 Management Services Real Estate Assessments $ 847,625 Finance 1,223,110 Public Transportation 420,000 Management and Budget 291,666 Procurement Services 396,101 Total Management Services $ 3,178,502 Public Safety Police $ 11,278,325 Fire and Rescue 13,537,568 Total Public Safety $ 24,815,893 Community Services 194 May 28, 2013 General Services $ 5,794,587 Community Development 3,978,282 Building Maintenance 1,189,705 Total Non - Departmental Total Community Services $ 10,962,574 Human Services Transfer to Debt - General & Schools $ Grounds Maintenance $ 2,267,553 Parks and Recreation Transfer to Schools 2,152,085 Public Health Transfer to Schools - Dental Insurance 500,358 Social Services Transfer to Public Works Projects 8,420,785 Contributions -Human Service, Cultural, Tourism, Transfer to Internal Services Dues Transfer to Comprehensive Services 1,690,465 Library Total Transfers to Other Funds 3,3 85,129 VA Cooperative Extension 87,097 Elections 314,064 Total Human Services $ 18,817,536 Non - Departmental Employee Benefits $ 2,584,997 Miscellaneous 1,834,432 Internal Service Charges 7,245,446 Total Non - Departmental $ 11,664,875 Transfers to Other Funds Transfer to Debt - General & Schools $ 16,294,134 Transfer to (from) Capital (202,184) Transfer to Schools 64,568,020 Transfer to Schools - Dental Insurance 477,299 Transfer to Public Works Projects 184,481 Transfer to Internal Services 1,067,119 Transfer to Comprehensive Services 1,853,000 Total Transfers to Other Funds $ 84,241,869 May 28, 2013 195 Unappropriated Balance Board Contingency $ 100,000 Total General Government $ 170,969,088 Communications & Information Technology $ 8,179,339 Comprehensive Services $ 5,227,799 Law Library $ 27,175 Public Works Projects $ 184,481 SB &T- Social Services Building $ 444,580 Recreation Fee Class $ 5,379,462 Police Special Programs $ 1,000 Criminal Justice Academy $ 149,410 Fleet Service Center $ 2,770,000 Total General Fund $ 193,332,334 Debt Service Fund - County $ 6,999,924 Capital Projects Fund $ 4,553,856 Internal Services Fund - Risk Management $ 1,702,631 School Funds Operating $ 133,799,052 Nutrition 5,818,000 Debt 14,177, 897 Grants 5,113,019 Capital 845,488 196 May 28, 2013 Instructional Resources 945,575 Bus 325,000 Laptop Insurance Reserve 305,600 Total School Funds $ 161,329,631 Total All Funds $ 367,918,376 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2013, are re- appropriated to the 2013 -2014 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 2013, and appropriations in the 2013- 2014 budget. 5. That all school fund appropriations remaining at the end of the 2012 -13 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2013- 14 as follows: a.) Two - thirds of the year -end balance in the school operating fund will be allocated to the Major School Capital Reserve; b.) One -third of the year -end balance in the school operating fund will be allocated to the Minor School Capital Reserve; 6. That all General Fund unexpended appropriations at the end of the 2012 -13 fiscal year not lapse but shall be re- appropriated, as provided by Resolution 122104 -4, as follows: a) Forty percent (40 %) of these unexpended appropriations shall be transferred to the un- appropriated Minor County Capital Fund Reserve; b) Sixty percent (60 %) of these unexpended appropriations shall be re- appropriated to the same department for expenditure in fiscal year 2013 -2014. 7. That all General Fund revenues collected in excess of appropriated revenues shall be re- appropriated, as provided by Resolution 122104 -5, as follows: a.) Revenues in excess of budget will first be allocated to the General Fund Un- appropriated Balance, until the maximum amount for the May 28, 2013 197 current year is met, as specified in the General Fund Un- appropriated Balance Policy, as adopted by Resolution 122104 -2; b.) The remainder of revenues in excess of budget will then be allocated to the Major County Capital Fund Reserve. 8. Rescue fees collected by the Fire and Rescue Department in excess of budgeted amounts will be re- appropriated and allocated to the Fire and Rescue Capital Reserve. 9. Account balances remaining in the Fee Class collected by the Parks and Recreation Department will be allocated to accounts as defined by the Fee Class Accounts Procedure. 10. Account balances remaining in funds 111 -175 will carry over one - hundred percent (100 %) and be re- appropriated to the individual funds. 11. This ordinance shall take effect July 1, 2013. On motion of Supervisor Moore to adopt the ordinance and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: APPOINTMENTS 1. Parks, Recreation and Tourism Advisory Commission (appointed by District) Chairman Altizer recommended the reappointment of Mike Roop to represent the Vinton Magisterial District. This new term will expire on June 30, 2016. Confirmation of this appointment was placed on the Consent Agenda. Supervisor Flora recommended the reappointment of Troy Kincer to represent the Hollins Magisterial District. This new term will expire on June 30, 2016. Confirmation of this appointment was placed on the Consent Agenda. Supervisor Moore recommended the reappointment of Fred Corbett to represent the Cave Spring Magisterial District. This new term will expire on June 30, 2016. Confirmation of this appointment was placed on the Consent Agenda. Supervisor Church requested that the Clerk contact Mr. Richard Jones to see if he would be willing to serve an additional five -year term on the Board of Zoning Appeals representing the Catawba Magisterial District. IN RE: CONSENT AGENDA RESOLUTION 052813 -3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF 198 May 28, 2013 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 May 28, 2013, 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 6 inclusive, as follows: 1. Approval of minutes — May 14, 2013 2. Confirmation of Appointments to the Clean Valley Council; Community Policy and Management Team (CPMT); the Court Community Corrections Program Regional Community Criminal Justice Board; the Roanoke Valley - Alleghany Regional Commission and the Roanoke Valley Regional CATV Committee 3. Request to accept and appropriate $60,691.90 from the Federal Emergency Management Agency and the Virginia Department of Emergency Management for reimbursement of expenditures as related to the December 2009 snow storm 4. Request to accept and appropriate $196,608.71 from the Federal Emergency Management Agency and the Virginia Department of Emergency Management for reimbursement of expenditures related to the June 2012 Derecho storm 5. Resolution requesting acceptance of the remaining portion of Stokes Drive and the remaining portion of Bolejack Boulevard into the Virginia Department of Transportation (VDOT) Secondary System 6. Request to accept and appropriate $6,139 for Roanoke County Schools for grant funds On motion of Supervisor Altizer to adopt the resolution and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None A- 052813 -3.a A- 052813 -3.b A- 052813 -3.c RESOLUTION 052813 -3.d REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF STOKES DRIVE AND THE REMAINING PORTION OF BOLEJACK BOULEVARD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM May 28, 2013 199 WHEREAS, the streets described on the attached 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. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None A- 052813 -3.e IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 200 May 28, 2013 4. Comparative Statement of Budgeted and Actual Revenues as of April 30, 2013 5. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of April 30, 2013 6. Accounts Paid — April 30, 2013 7. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of April 2013 8. Proclamation signed by the Chairman At 3:35 p.m., Chairman Altizer recessed the meeting to the fourth floor for work session. IN RE: WORK SESSIONS 1. Work session on Roanoke County's Secondary Roads System Six -Year Improvement Plan for fiscal years 2014 -2019 (David Holladay, Planning Administrator) In attendance for this work session was David Holladay, Planning Administrator; Brian Blevins, P.E. Area Land Use Engineer with the Virginia Department of Transportation (VDOT). Mr. Holladay reviewed a PowerPoint presentation, a copy of which is on file in the office of the Clerk to the Board of Supervisors. Supervisor Elswick asked Mr. Blevins to look at Ridgelea which is State maintained. Supervisor Moore thanked Mr. Blevins for all his work with Roanoke County. Chairman Altizer asked Mr. Blevins when the County can expect to see the funding from the new Transportation funding with Mr. Blevins responding approximately two years. Supervisor Church commented it was not needed to add to the list without any additional funding. Mr. Holladay advised VDOT will holding public hearings throughout the State and locally the meeting would be held on June 4, 2013. He added that Mr. Goodman would be attending and speaking at the hearing, which will be held at Northside High School. Supervisor Elswick asked Mr. Blevins to take a look at the intersection of Stoneybrook Drive and Route 419. The work session was held from 3:51 p.m. until 4:19 p.m. 2. Work session to discuss health insurance reserves (Rebecca Owens, Director of Finance) May 28, 2013 20 In attendance for this work session were B. Clayton Goodman III, County Administrator; Rebecca Owens, Director of Finance; Laurie Gearheart, Assistant Director of Finance and W. Brent Robertson, Director of Management and Budget. Ms. Owens briefed the Board through a PowerPoint presentation, a copy of which is on file in the office of the Clerk to the Board. Supervisor Elswick inquired if there was a cap on the reimbursement on the large claims, with Ms. Owens advising she would check and report back to the Board. Chairman Altizer inquired how many school employees were participants, with Ms. Owens responding 2,300. It was noted their actuarial comes out at approximately $6.5 million. Supervisor Church commented based on his experience in the insurance industry, insurance claims cannot be predicted. Supervisor Elswick inquired about the wellness program. Mr. Goodman advised claims are expected to be down and if the plan does not pay for itself it will be eliminated. Ms. Owens advised a new vendor had been selected and should be able to obtain statistical information on a going forward basis. Supervisor Elswick stated he would like to see specific examples. Supervisor Altizer stated he would like to see a study with a comparison of every time an employee goes to the wellness provides how much is saved versus going to a provider. Supervisor Flora stated he thinks the $4.2 actuarial reserve may be on the low side however feels there are some funds that can be worked with. Supervisor Altizer commented he thinks conservative projects are good and feels there is $1.4 million that can be worked with. Supervisor Elswick stated if history tells us we have never had one of the big claims, why wouldn't we leave the reserve at $4 million. He asked if the County ever had to go into the reserve for a claim, with Ms. Owens responding in the negative. Supervisor Elswick reiterated why not keep the reserve at $4 million. Supervisor Flora stated he does feel it would be prudent to reduce the reserve as some of these funds are employee funds. Supervisor Church stated he thinks staff should be prudent and conservative. Chairman Altizer stated he still thinks there is a $1.0 to $1.4 million overage. The work session was held from 4:21 p.m. until 5:07 p.m. Chairman Altizer then called for a five minute break. Supervisor Flora left the meeting. 202 May 28, 2013 3. Work session to review bond refundings and the financing of the 2013 Bond Issue (B. Clayton Goodman, County Administrator; Brent Robertson, Director of Management and Budget and Rebecca Owens, Director of Finance) In attendance for this work session were Rebecca Owens, Director of Finance, W. Brent Robertson, Director of Management and Budget, B. Clayton Goodman III, County Administrator; Anne Marie Green, Director of General Services; Nancy DuVall, Solid Waste Manager; Laurie Gearheart, Assistant Director of Finance; Jimmy Lyon, Budget Analyst; Bill Hunter, Director of Communications and Information Technology and Diana Wilson, Assistant Director of Communications and Information Technology. Mr. Goodman reviewed the reason for the work session. Mr. Robertson advised Chairman Altizer had asked staff to move forward with this item and asked Mr. Mahoney how he was proceeding with the legal requirements. Mr. Mahoney advised he would recommend a once a week, two successive weeks advertisement. He advised staff is caught between two different code sections. One code section would allow you to advertise just one time, seven days in advance of the public hearing, there is another code section that might apply, questionable, but out of an excess of caution he is recommending you advertise twice, once a week, two successive weeks, June 11 and June 18 for a second reading and public hearing of an ordinance on June 25 This is the safest course of action. Mr. Robertson reiterated the budget that was adopted earlier today, did not include the money for the 2013 bond financing as well as the cash balances as the result of the last meeting. So this amendment will cover putting that money into your budget. Ms. Owens went through a PowerPoint presentation, a copy of which is on file in the office of the Clerk to the Board of Supervisors. Ms. Green gave a brief overview of the bandit trucks and Mr. Lyon reviewed the financial data on the bandit truck. Ms. Gearheart provided an overview on the new financial package. Supervisor Elswick asked if the financial system is used by all the entities listed in the presentation with Ms. Gearheart responding in the affirmative. Supervisor Elswick asked if the County paid for it all. Ms. Owens responded the intent is as the fiscal agent agreements come up for renewal to factor into include costs associated. All entities would participate in funding. Chairman Altizer inquired if the system would be purchased all at one time or if can be purchased separately. Ms. Gearheart responded they are all integrated so would have to be purchased at the same time. Chairman Altizer asked what length of time will this system be guaranteed. Ms. Gearheart advised that is an unknown at this time. May 28, 2013 203 Supervisor Elswick asked if we could go together with all the counties that are buying new financial packages. Mr. Goodman explained it was possible under cooperative purchasing if we can get all the counties to cooperative. Supervisor Elswick then advised who would be doing the interface to convert the old data into something that will fit into the new software. Ms. Gearheart advised this would be a combined effort between Roanoke County IT staff, Accounting Staff and the Vendor staff. Supervisor Elswick stated that was a big problem. The software is going to run; you just have to get your data input. Ms. Gearheart advised that is why it takes so long for a project like this to get off the ground. Mr. Goodman advised in addition staff would need to continue to operate on the old system, so you are running two systems until confident that the new system is working right. Ms. Owens advised staff recommends participating in the summer pool of the Virginia Resource Authority. It would allow the Board to meet the timeline indicated to staff; however, it would be providing funds in mid - August. There would be a period of time where the County would have the funds and it would be several months before construction would begin and the need to draw down the funds. They would earn very minimal interest. Participation in the summer pool allows staff to meet the Board's timeline and take advantage of lower interest rates and capitalize on savings with bond issue costs. Supervisor Elswick inquired if the VRA was a State agency that loans Roanoke County money with Mr. Mahoney responding the VRA pools all kinds of borrowings with other local governments. The VRA would issue the bond and then through a lease revenue process in effect lends it back to each local government. Supervisor Elswick stated all of which is based on one citizen approval. He stated he thinks that the taxpayer should always be approving borrowings because it is their money that has to pay it back. He understands we have always done it this way and everybody else does it and we are going to do it again. He further stated he thinks staff should do its best to get away from it and try to borrow money with citizen approval. The work session was held from 5:15 p.m. until 5:57 p.m. Chairman Altizer started the evening session at 7:01 p.m. with all Supervisors in attendance with the exception of Supervisor Flora. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Gary L. Houff, Battalion Chief — Operations (Fire and Rescue), upon his retirement after more than twenty -eight (28) years of service (Richard E. Burch, Jr., Chief of Fire and Rescue) 204 May 28, 2013 In attendance with Chief Burch were Gary Houff and his family. The resolution was read by the Clerk and was presented to Mr. Houff. All Supervisors offered their thanks and congratulations. RESOLUTION 052813 -4 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GARY L. HOUFF, BATTALION CHIEF, UPON HIS RETIREMENT AFTER TWENTY -EIGHT (28) YEARS OF SERVICE WHEREAS, Gary L. Houff was hired on September 24, 1984, and has worked as a Firefighter, Fire Lieutenant, Fire Captain, and Battalion Chief during his tenure with Roanoke County; and WHEREAS, Chief Houff retired on April 1, 2013, after twenty -eight (28) years and (7) months of devoted, faithful and expert service with the County; and WHEREAS, Chief Houff started out as a volunteer with the Vinton Fire Department and provided many years of dedicated service; and WHEREAS, Chief Houff served on the County's Hazardous Materials Team and responded to HAZ -MAT calls throughout Southwestern Virginia; and WHEREAS, Chief Houff served on the apparatus specification committee for many years, which established the technical specifications for most if not all fire apparatus currently in use today; and WHEREAS, Chief Houff served as a Chairperson on the new hire interview panel for nine (9) years, which is responsible for selecting new employees for the Department; and WHEREAS, Chief Houff's most lasting mark on the Department will be his ability to have influenced so many new Company Officers to be good managers but more importantly to be effective leaders within the Department; and 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 GARY L. HOUFF, for twenty -eight (28) 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 roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None ABSENT: Supervisor Flora May 28, 2013 205 2. Recognition of students at Cave Spring High School: (a) Resolution of congratulations to the Cave Spring High School Girls 200 Medley; 200 Freestyle Relay Teams for winning the 2013 VSHL State Group AA Championship: • Certificate of recognition to Lauren Cowher for receiving first place in the 2013 VHSL State Group AA Championship in the 50 Freestyle • Certificate of recognition to Hailey Bivens for receiving first place in the 2013 VHSL State Group AA Championships in the 100 Freestyle • Certificate of recognition to Maggie Harman for receiving VHSL Group AA State Championship in the 200 Medley Relay and 200 Freestyle Relay • Certificate of recognition to Tess Muzzy for receiving the VHSL Group AA State Championship in the 200 Freestyle Relay In attendance for this recognition were Lauren Cowher, Hailey Bivens and Coach Andy Huray. All Supervisors offered their congratulations. The Resolution was read by the Clerk and presented to Coach Huray. Certificates to each athlete were also presented. RESOLUTION 052813 -5 OF CONGRATULATIONS TO THE CAVE SPRING HIGH SCHOOL GIRLS 200 MEDLEY; 200 FREESTYLE RELAY TEAMS FOR WINNING THE 2013 VHSL STATE GROUP AA CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Cave Spring High School Girls 200 Medley Relay Swim Team won the 2013 Virginia High School League (VHSL) State Group A/AA Championship on February 16, 2013, at the Christiansburg Aquatic Center with a time of 1:48.31; and WHEREAS, the Cave Spring High School Girls 200 Freestyle Relay Swim Team also won the 2013 Virginia High School League (VHSL) State Group A/AA Championship with a time of 1:36.92, setting both a new State record; and WHEREAS, State Champion Lauren Cowher also received first place in the 50 yard Freestyle with a time of 24.17; and WHEREAS, State Champion Hailey Bivens also received first place in the 100 yard freestyle with a time of 52.78; and WHEREAS, the Knights are coached by Andrew M. Huray 206 May 28, 2013 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the CAVE SPRING HIGH SCHOOL GIRLS 200 MEDLEY RELAY AND 200 FREESTYLE SWIM TEAM: Hailey Bivens, Lauren Cowher, Maggie Harman and Tess Muzzy for winning the 2013 VHSL State Group AA Championship; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches and the school in their future endeavors. On motion of Supervisor Moore to adopt the resolution and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None ABSENT: Supervisor Flora (a) Certificate of recognition to Dylan Brucki for being named the VHSL First Team All State in Football In attendance for this recognition were Dylan Brucki and Coach Tim Fulton. The Certificate of Recognition was presented to Mr. Brucki. All Supervisors offered their congratulations. (b) Certificate of recognition to Lydia Hoeppner for receiving the VHSL State Group AA Championship in the Public Forum Debate (c) Certificate of recognition to Rebekah Wellons for receiving the VHSL State Group AA Championship in the Public Forum Debate In attendance for this recognition were Coach Powers and Rebekah Wellons. The Certificate of Recognition was presented to Ms. Wellons. All Supervisors offered their congratulations. IN RE: NEW BUSINESS 1. Resolution requesting the Virginia Department of Transportation and Norfolk Southern Railway to study safety improvements on Dry Hollow Road in Roanoke County (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the resolution and the need for safety improvements in this area. Supervisor Church gave an overview and presented a PowerPoint presentation with photographs of the area. May 28, 2013 207 Chairman Altizer recognized Mr. Gary Foutz of 5510 Dry Hollow Road and allowed his comments. Mr. Foutz stated he is not here tonight to fuss or argue with the State or the County or with Norfolk Southern, but to tell you that we have to have a fix on this road. It does not take a rocket scientist that right now it is a possible hazard and a possible death trap, not just for the neighbors who drive the road, but for school buses that bring the children home from school and backwards and forwards from Camp Roanoke. It may not happen today, it may not happen tomorrow, but one day someone is going to get badly hurt or killed because of other projects that the State or Norfolk has that they are not willing to work with the County or the State on like he was first told. He stated he has heard rumors that Norfolk Southern had something to do with trying to block any improvements to the road and he has news and if anyone is from Norfolk Southern tonight, there is more than one way to skin a cat; we have just started skinning right now. So, just the other week, we came through that tunnel and we blew our horn and it did no good because there was a lady on a cell phone and she did not hear them nor did she blow her horn so how can we depend on that kind of cave -man principle of trying to see the other person. This came very close to a head on collision and could have been avoided by simply fixing the road. For those who know him from running back in City council in 1981 you know yourself that he does not back down and if he cannot get what he wants here, he will keep going up the totem pole until he does. We also need speed limit signs. There are no speed limit signs at all on Dry Hollow Road. There is no enforcement of the speed limit and we have had people tell us about people coming up through Dry Hollow at high speeds. So, what we need there is speed limit signs and have it enforced to try to solve that problem. Also, he gave the petitions to Supervisor Church and when we were taking the petitions around, a woman who has been living there eight years asked the County for a sign that says children at play because she has a young child with autism. The County then told her it would be $300 for the sign, which to him is the stupidest thing he has ever heard. So that is something else that needs to be taken care of and hope they can be taken care of soon. There are a lot of children there, people that do babysitting and there are a lot of children in one spot. He cannot see someone having a child with autism having to pay $300 for the sign and like he said they do need some speed limit signs and it does need to be enforced there. He is hoping that all three of us, the State, County and Norfolk Southern can come to some useful relationship and get this resolved without any hard feelings and before someone, God forbid, a child on a school bus lose their life over something that can be fixed with good useful negotiations and common sense. Supervisor Church inquired of Mr. Holladay, Planning Administrator, if the unposted road is 55 mph, with Mr. Holladay confirming. Supervisor Church then asked Mr. Holladay to see if some temporary assistance can be provided. Supervisor Moore commented no one knows more about safety than the people that live there. 208 May 28, 2013 RESOLUTION 052813 -6 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND NORFOLK SOUTHERN RAILWAY TO STUDY SAFETY IMPROVEMENTS FOR UNDERPASS ON DRY HOLLOW ROAD IN ROANOKE COUNTY WHEREAS, a dangerous condition exists at the curve beyond the Norfolk Southern railroad underpass along Dry Hollow Road in Roanoke County due to the narrowness of this road, a blind curve that allows only one -way traffic and its proximity to a steep embankment dropping off into a stream; and WHEREAS, the curve in the road immediately beyond the underpass poses safety problems for line -of -sight for vehicular travel; and WHEREAS, multiple accidents have occurred at this location, involving vehicles going over the embankment and landing in the stream adjoining this curve; and WHEREAS, school buses travel this road twice a day, and many parents use this road to travel to and from their homes to work; and WHEREAS, there has been an increase in traffic using this road to access Camp Roanoke, a Roanoke County park facility, and to access Spring Hollow Reservoir; and WHEREAS, many large trucks utilize these roads to serve this County park; and WHEREAS, numerous homes are located along this road and the three other streets that feed into Dry Hollow Road (Botts Hollow Road, Quince Mountain Road and Hidden Falls Drive). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Virginia Department of Transportation and Norfolk Southern Railway study possible safety improvements for the curve and underpass at Dry Hollow Road. 2. That the Virginia Department of Transportation and Norfolk Southern Railway consider making public safety improvements to this road. 3. That the Clerk to the Board of Supervisors send a copy of this resolution to Delegate Greg Habeeb, State Senator Ralph Smith, Congressman Morgan Griffith, Senators Mark Warner, Timothy Kaine, Dana Martin, member Commonwealth Transportation Board and David F. Julian, Vice President - Safety and Environmental for Norfolk Southern. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer ABSENT: Supervisor Flora NAYS: None May 28, 2013 209 1. Resolution declaring May 28, 2013, as Luke Hancock Day in the County of Roanoke (Supervisor Eddie "Ed" Elswick and Supervisor Butch Church) In attendance for this recognition were Luke Hancock and his mother and brother. The Clerk read the resolution and it was presented to Mr. Hancock by Supervisor Elswick. All Supervisors offered their congratulations. RESOLUTION 05282013 -12 DECLARING MAY 28, 2013, AS LUKE HANCOCK DAY IN THE COUNTY OF ROANOKE WHEREAS, Luke Hancock was an outstanding basketball player at Hidden Valley High School, Hargrave Military Academy, George Mason University and the University of Louisville; and WHEREAS, Luke's incredible performances during his career made the entire Roanoke area proud and appreciative; and WHEREAS, Luke's personality exhibits a warmth and friendliness shared by our County residents; and WHEREAS, Luke has shown the NCAA Basketball tournament fans that determination, grit, athletic ability and team spirit can produce a national champion; and WHEREAS, Luke scored 22 points during the national championship game as Louisville beat Michigan by a score of 82 -76; and was named Most Outstanding Player of the NCAA Final Four tournament; and WHEREAS, in the championship game, Luke made one hundred percent (100 %) of his 3 -point shots leading his team to victory in front of over 75,000 fans and millions of television viewers; and WHEREAS, Roanoke County is proud of Mr. Hancock and wishes to commend him for his determination to acquire a quality education while pursuing his love of basketball, and for being a positive role model, both on and off the basketball court; and NOW THEREFORE, we, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim and recognize May 28, 2013, as LUKE HANCOCK DAY in the County of Roanoke, Virginia and congratulate Mr. Hancock upon his outstanding accomplishments. On motion of Supervisor Elswick to adopt the resolution and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None ABSENT: Supervisor Flora 210 May 28, 2013 IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Public Hearing and Adoption of Resolution approving the Secondary Roads System Six -Year Improvement Plan for fiscal years 2014 through 2019, and the Construction Priority List and Estimated Allocations for Fiscal Year 2014 (David Holladay, Planning Administrator) Mr. Holladay reviewed the Secondary Roads System Six -Year Improvement Plan. Chairman Altizer opened and closed the public hearing as there were no citizens to speak on this issue. There was no discussion. RESOLUTION 052813 -7 APPROVING THE SECONDARY SIX - YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2014 THROUGH 2019 AND THE CONSTRUCTION PRIORITY LIST AND ESTIMATED ALLOCATIONS FOR FISCAL YEAR 2014 WHEREAS, Sections 33.1 -70.1 of the Code of Virginia (1950, as amended) provides the opportunity for Roanoke County to work with the Virginia Department of Transportation in developing a Secondary Six -Year Road Improvement Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of the Secondary Six -Year Road Improvement Plan, in accordance with Virginia Department of Transportation policies and procedures; and WHEREAS, a public hearing which was duly advertised on the proposed Secondary Six -Year Improvement Plan for fiscal years 2014 -2019 and Construction Priority List and Estimated Allocations for fiscal year 2014 was held on May 28, 2013, to receive comments and recommendations on Roanoke County's Secondary Six -Year Road Improvement Plan for Fiscal Years 2014 -2019 as well as the Construction Priority List and Estimated Allocations for Fiscal Year 2014; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve the Secondary Six -Year Road Improvement Plan for Roanoke County for fiscal years 2014 -2019; BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby approve the Construction Priority List and Estimated Allocations for fiscal year 2014; BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Roanoke County Secondary Six - Year Road Improvement Plan for fiscal years 2014 -2019 by the Clerk to the Board. On motion of Supervisor to adopt the resolution, and carried by the following roll call and recorded vote: May 28, 2013 211 AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Wendy's of Western Virginia, Inc. to obtain a Special Use Permit in a C -2S, General Commercial, District with Special Use Permit to increase a drive -in and fast food restaurant by more than ten percent (10 %) on approximately 1.296 acres, located at 4369 and 4377 Electric Road, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition and advised the first reading was held on April 23, 2013. Petition was approved by the Planning Commission on May 7, 2013. Chairman Altizer opened and closed the public hearing as there were no citizens to speak. There was no discussion. ORDINANCE 052813 -8 GRANTING A SPECIAL USE PERMIT TO INCREASE A DRIVE -IN OR FAST FOOD RESTAURANT BY MORE THAN TEN PERCENT (10 %) ON APPROXIMATELY 1.296 ACRES LOCATED AT 4369 AND 4377 ELECTRIC ROAD (TAX MAP # 77.20 -01 -6) CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF WENDY'S OF WESTERN VIRGINIA, INC. WHEREAS, Wendy's of Western Virginia, Inc. has filed a petition to increase a drive -in or fast food restaurant by more than ten percent (10 %) on approximately 1.296 acres located a 4369 and 4377 Electric Road (Tax Map # 77.20 -01 -6) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 7, 2013; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 23, 2013; the second reading and public hearing on this matter was held on May 28, 2013. 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 Wendy's of Western Virginia, Inc. to increase a drive -in or fast food restaurant by more than ten percent (10 %) on approximately 1.296 acres located a 4369 and 4377 Electric Road (Tax Map # 77.20 -01 -6) in the Cave Spring Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of 212 May 28, 2013 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 condition: (1) The site shall be developed in general conformity with the Wendy's Preliminary Site Plan dated December 14, 2012. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. 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 Moore to adopt the ordinance and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None ABSENT: Supervisor Flora 2. The petition of Seventh Day Adventist Reform Movement to obtain a Special Use Permit in a C -2, General Commercial, District for the operation of a religious assembly on approximately 11.685 acres, located at 5248 Hollins Road, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition and advised the first reading was held on April 23, 2013. Petition was approved by the Planning Commission on May 7, 2013. Chairman Altizer opened and closed the public hearing as there were no citizens to speak. There was no discussion. ORDINANCE 052813 -9 GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON TWO (2) PARCELS LOCATED AT 5240 HOLLINS ROAD (TAX MAP #39.05 -01 -09 AND 39.05- 01-04) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF SEVENTH DAY ADVENTIST REFORM MOVEMENT WHEREAS, the Seventh Day Adventist Reform Movement has filed a petition for a special use permit for religious assembly to be located at 5240 Hollins Road (Tax Map #39.05 -01 -09 AND 39.05- 01 -04) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 7, 2013; and May 28, 2013 213 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 23, 2013; the second reading and public hearing on this matter was held on May 28, 2013. 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 the Seventh Day Adventist Reform Movement for religious assembly on two (2) parcels located at 5240 Hollins 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 condition: (1) General conformance with the concept plan prepared by Jerome Henschel Architecture and dated February 26, 2013. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. 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 Altizer to adopt the ordinance and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None ABSENT: Supervisor Flora 3. The petition of Mount Union Church of the Brethren Trustees to obtain a Special Use Permit in an AR, Agricultural /Residential, District for the operation of a religious assembly on approximately 5.45 acres, located at 9240 Bent Mountain Road (near its intersection with Airpoint Road and Tinsley Lane), Windsor Hills Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition and advised the first reading was held on April 23, 2013. Petition was approved by the Planning Commission on May 7, 2013. Chairman Altizer opened and closed the public hearing as there were no citizens to speak. There was no discussion. 214 May 28, 2013 ORDINANCE 052813 -10 GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON A 5.45 ACRE PARCEL LOCATED AT 9420 BENT MOUNTAIN ROAD (TAX MAP # 103.00 -03 -38.01 AND 103.00- 03 -40) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF MOUNT UNION CHURCH OF THE BRETHREN TRUSTEES WHEREAS, the Mount Union Church of the Brethren Trustees have filed a petition for a special use permit for religious assembly to be located at 9420 Bent Mountain Road (Tax Map # 103.00 -03 -38.01 and 103.00- 03 -40) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 7, 2013; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 23, 2013; the second reading and public hearing on this matter was held on May 28, 2013. 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 the Mount Union Church of the Brethren Trustees for religious assembly on 5.45 acres located at 9420 Bent Mountain Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved, with the following condition: (1) General conformance with the concept plan prepared by Hughes Associates, Architects & Engineers, dated February 27, 2013. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. 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 Elswick to adopt the ordinance and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None ABSENT: Supervisor Flora May 28, 2013 215 4. The petition of Seaside Heights, LLC to amend the proffered conditions and proffered Master Plan and to obtain a Special Use Permit in a C -2S, General Commercial, District with Special Use Permit for the operation of a drive -in and fast food restaurant on approximately 2.088 acres, located at 4510 Brambleton Avenue, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition and advised the first reading was held on April 23, 2013. Petition was approved by the Planning Commission on May 7, 2013. Chairman Altizer opened and closed the public hearing as there were no citizens to speak. Supervisor Moore inquired of Mr. Seymour if he has a proposed tenant with Mr. Seymour responding in the affirmative and adding a lease has not yet been signed. ORDINANCE 052813 -11 TO AMEND THE PROFFERED CONDTIONS AND PROFFERED MASTER PLAN AND TO OBTAIN A SPECIAL USE PERMIT IN A C -2C, GENERAL COMMERCIAL DISTRICT, FOR THE OPERATION OF A DRIVE - IN AND FAST FOOD RESTAURANT ON APPROXIMATELY 2.088 ACRES (TAX MAP #86.08 -03- 35.01), LOCATED AT 4510 BRAMBLETON AVENUE, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF SEASIDE HEIGHTS LLC WHEREAS, Ordinance 111505 -11 adopted on November 15, 2005, rezoned 0.98 acre (Part of Tax Map No. 86.08 -3 -35.1 - 0.298 acre and all of Tax Map No. 86.08- 3 -36.1 - 0.68 acre) from C1, Office District, to C2, General Commercial District with conditions, and issued a special use permit on 2.22 acres for the operation of a fast food restaurant and drive -thru located at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road; and WHEREAS, Ordinance 082807 -17 adopted on August 28, 2007, amended the site plan, which was approved by Ordinance 111505 -11 in order to change the location and size of the commercial structures; and WHEREAS, the petitioner desires to amend the existing proffered conditions and proffered master plan and to obtain a Special Use Permit to operate a potential restaurant, drive -in or fast food, specifically amending condition number one of Ordinance 082807 -17 relevant to substantial conformance to the proffered master plan to allow for a drive -thru lane to be constructed adjacent to the proposed retail building; and 216 May 28, 2013 WHEREAS, the first reading of this ordinance was held on April 23, 2013, and the second reading and public hearing were held on May 28, 2013; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 7, 2013; 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 Board finds that the granting of a special use permit to Seaside Heights LLC for the operation of a drive -in or fast food restaurant on approximately 2.088 acres located at 4510 Brambleton Avenue in the Cave Spring 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. 2. That the proffered conditions and proffered master plan of a certain tract of real estate containing 2.088 acres located at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road (Tax Map No. 86.08 -3- 35.01) in the Cave Spring Magisterial District, are hereby amended as follows. 3. That this action is taken upon the application of Seaside Heights, LLC. 4. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The development of the property shall substantially conform with the site plan entitled "Boian_gles — Master Plan" dated February 27, 2013, last revised April 12, 2013, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during its comprehensive site plan review. (2) The exterior of the fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. (3) All building exterior walls shall be brick from grade to eave. (4) The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. (5) Signage placed on each building shall occupy less than 5% of the building facade area for each building. (6) Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. (7) The top of any light fixture shal (8) The sides and rear of the construction to match the buildings. not exceed 15 feet. dumpster enclosure shall be brick May 28, 2013 217 (9) Dumpsters shall not be emptied between the hours of 10:00 p.m. and 7:00 a.m. (10) Portions of the front yards along Colonial Avenue and Merriman Road rights -of -way designated on the masterplan for landscaping shall remain as open green spaces, and landscaped with a combination of flowers, shrubs, ground cover or trees. These subject frontages shall be professionally landscaped per Roanoke County right -of -way and street side planting requirements. 5. That said real estate is more fully described as follows: All of the following tax map numbers: 86.08 -3 -35.01 containing 2.088 acres 6. 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 Moore to adopt the ordinance and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Mr. Noah Tickle of 1603 Frosty Lane advised the following are opening remarks offered by Maurice Strong, who organized the first U.N. Earth Climate Summit (1992) in Rio de Janeiro, Brazil, revealed the real goal of global warming alarmist, "We may get to the point where the only way of saving the world will be for industrialized civilization to collapse." "Isn't it our responsibility to bring this about ?" He further said. Former U.S. Senator Timothy Wirth (D -CO), then representing the Clinton -Gore administration as U.S Undersecretary of State for global issues, addressing the same Rio Climate Summit audience, "We have got to "RIDE" the global warming issue... even if the theory of global warming is wrong, ...we will be doing the right thing in terms of economic policy and environmental policy." (By the way, "Wirth" now heads the UN Foundation which lobbies for hundreds of billions of U.S. taxpayer dollars to help underdeveloped countries fight climate change.) (UNDER DEVELOPED COUNTRIES FIGHTING CUMATE CHANGE ? ? ?!!!!!!!) Also speaking at the Rio conference, Deputy Assistant of State Richard Benedick, who then headed the policy divisions of the U.S. State Department "IIA global warming treat [Kyoto] must be implemented even if there is NO scientific evidence to back the greenhouse effect." In 1988, former Canadian Minister of the Environment Christine Stewart told editors and reporters of the Calgary 218 May 28, 2013 Herald, "No matter if the science of global warming is all phony... climate change provides the greatest opportunity to bring about justice and equality in the world." HAS THAT EVER HAPPENED DOWN THROUGH HISTORY ?? SO, NOW DOES THAT STINCH OF POLITICAL? The VA State Constitution does not promote this. Oh yeah don't forget we are Dillon ruled and that is why Local Governance has RELEVANCE. We need to be vigilant. That is why - -- The Private Property Resolution is so important, discussed at the last meeting. We seek Liberty to be left alone WITH OUR PERSONAL PROPERTY and CONCERN for ourselves and neighbor's Liberty to do so. Also, what happens to them happens to us. With all this to consider why are we still funding a phony elemental carbon calculator; ICLEI, the UN Agenda 21 International Council of Local Environmental Initiatives. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore advised we just celebrated Business Week earlier this afternoon and Belk at Tanglewood Mall is having their 125 anniversary celebration tomorrow beginning at 8:30 a.m. and the store is going to open at 9:30 and will be giving out some gifts and so forth. Please try and come and help Belk help celebrate their 125 anniversary. Also, Supervisor Moore invited everyone on June 8, 2013, at Tanglewood Mall over near the Firestone and Cal Spa location. There will be Bicycle Safety Awareness Day. It will be a large event, ride your bicycle, bring your bicycle; motorists are invited also, so please try to come and attend. Supervisor Church stated he never gets tired of honoring these young people, the all -State achievement winners; that is what it is all about. Like Mr. Elswick says you read about all the bad things, but we have some great people here in Roanoke County. To have a young man like Luke Hancock and his family here and all the swimmer winners from Cave Spring. It makes you proud to be a Supervisor, makes you proud to represent the people. He is very happy we can be a part of this. Supervisor Elswick stated as you very well know, Mr. Chairman, we had a meeting on the 23 at Braeloch facility in Vinton, very nice place, beautiful view. It was the annual Convention and Visitors Bureau meeting. The CVB people are working so hard and putting in so much energy and creativity into developing the area and to bring business to the area and tourism that will benefit us and help us with our taxes to some extent, but basically they are focusing on the Blue Ridge Mountains and many people are working to make Explore Park eventually a part of that and with a lot of volunteers and improve it as a County asset. He wants to thank all the people from the CVB who were involved, the Board and the officers of the organization because they show so much enthusiastic energetic leadership that he is sure they are going to be successful and we are going to see more tourism and that will benefit all of us. They provide a tremendous service to the area. Braeloch was a fabulous facility; Kroger furnished the food and Braeloch let them use the facility for free. May 28, 2013 219 Chairman Altizer noted it was a great event and the good thing about it was he thinks there were one hundred and fifty people who raised their hands that had never been down in that part of God's country and there is a lot to offer all across this County and we were very proud to host that there. Just wanted to let everyone know that he has instructed Mr. Goodman on Friday to petition the Department of Defense by actually filling out the application for Roanoke County to become part of many communities across this Country in adopting and doing things to recognize our veterans from the Vietnam War. They came home and did not come up to a hero type welcome, so he would invite everyone and hopes all that paperwork gets back in time at the Vinton — Roanoke County Veterans Monument on Flag Day at 5:45 p.m. we will be having a very big ceremony on the 14 of June recognizing our military forces and hopefully we will get all of that done with the Department of Defense so that Roanoke County will be one of the communities supporting our Vietnam veterans. IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 8:27 p.m. SulXnitted by: Approved by: W DI�borah C. Jack Michael W. Altizer Clerk to the Boarff Chairman 220 May 28, 2013 PAGE LEFT BLANK INTENTIONALLY