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HomeMy WebLinkAbout10/8/2013 - RegularOctober 8, 2013 431 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 second Tuesday and the first regularly scheduled meeting of the month of October 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 Russ Merritt of Fifth Avenue Presbyterian Church. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER taken. Chairman Altizer called the meeting to order at 3:04 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 L. Caywood, Assistant County Administrator; Katherine Jones, Senior Assistant County Attorney and Deborah C. Jacks, Clerk to the Board IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the month of October 2013 as Fire Prevention Month in the County of Roanoke (Richard E. Burch, Jr., Chief of Fire and Rescue; Gary Huffman, Fire Marshal) In attendance for this proclamation was Chief Burch; Fire Marshal Gary Huffman; Brian Clingenpeel, Public Educator; Division Chief Todd Maxey; Patches; Spot the dog; Fire Inspector Brian Simmons (controls Patches); Fire Inspector Scott 432 October 8, 2013 Jones and Fire Inspector Chris Smith. The proclamation was read by the Clerk and Chairman Altizer presented the proclamation to the Fire Marshal. Each Supervisor offered their thanks. 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to James Vodnik, Assistant Director of General Services upon his retirement after eleven (11) years of service (Anne Marie Green, Director of General Services) The Clerk read the resolution and Chairman Altizer presented the resolution and gift to Mr. Vodnik. All Supervisors offered their congratulations and thanks. RESOLUTION 100813 -1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JAMES VODNIK, ASSISTANT DIRECTOR OF GENERAL SERVICES, UPON HIS RETIREMENT AFTER ELEVEN (11) YEARS OF SERVICE WHEREAS, James Vodnik was hired on September 3, 2002 as Assistant Director of General Services; and WHEREAS, Mr. Vodnik retired on October 1, 2013, after eleven (11) years of devoted, faithful and expert service with the County; and WHEREAS, during his time serving Roanoke County, Mr. Vodnik was responsible for a variety of capital projects, including an addition to the Bent Mountain Library, removal of two deteriorated buildings, a new parking lot at the Roanoke County Courthouse and creation of a heavy duty truck repair bay at the Public Service Center; and WHEREAS, Mr. Vodnik served as the project manager for the Fleet Service Center, which is not only the first LEED certified building constructed by Roanoke County, but also a versatile and efficient building that has allowed the staff to provide exceptional service to the County, the Western Virginia Water Authority, the Western Virginia Regional Jail, Roanoke Valley Television (RVTV), Roanoke Valley Resource Authority (RVRA) and the Western Virginia Emergency Medical Services (EMS) Council; and WHEREAS, Mr. Vodnik oversaw environmental projects for the County, including implementing the Environmental Management System, providing staff support for the Board appointed RC -CLEAR committee, administrating the Federal Block Grant which funded energy saving changes throughout county buildings, coordinating outreach projects at the Energy Expo and Earth Day, and serving as staff liaison with ICLEI — Local Governments for Sustainability; and October 8, 2013 433 WHEREAS, throughout all these efforts, Mr. Vodnik saved money for the citizens of Roanoke County through energy reduction and insourcing of vehicle and equipment repairs, while also helping to reduce the County's greenhouse gas emissions; and WHEREAS, Mr. Vodnik consistently performed his duties with a positive attitude, a sense of humor and respect for his fellow employees and the citizens of Roanoke County. 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 JAMES VODNIK for eleven (11) 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, Flora, Church, Elswick, Altizer NAYS: None IN RE: NEW BUSINESS 1. Resolution approving an irrevocable election not to participate in the Virginia Local Disability Program (VLDP) (Rebecca Owens, Director of Finance and Anita Hassell, Assistant Director of Human Resources) Ms. Owens outlined the resolution and advised Anita Hassell was in attendance to answer any questions, if necessary. There was no discussion. RESOLUTION 100813 -2 APPROVING AN IRREVOCABLE ELECTION NOT TO PARTICIPATE IN VIRGINIA LOCAL DISABILITY PROGRAM (VLDP) WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia General Assembly has established the Virginia Local Disability Program ( "VLDP ") for the payment of short -term and long -term disability benefits for certain participants in the hybrid retirement program described in Virginia Code § 51.1 -169; and WHEREAS, for purposes of VLDP administration, an employer with VLDP - eligible employees may make an irrevocable election on or before November 1, 2013 requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 2014, because it has or will establish, and continue to maintain, comparable employer -paid disability coverage for such employees that meets or 434 October 8, 2013 exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long term care coverage, by January 1, 2014; and WHEREAS, it is the intent of County of Roanoke, 55180, to make this irrevocable election to request that its eligible employees not participate in VLDP. NOW, THEREFORE, IT IS HEREBY RESOLVED that County of Roanoke irrevocably elects not to participate in VLDP because it has or will establish, and continue to maintain, comparable employer -paid disability coverage for such employees; and it is further RESOLVED that, as an integral part of making this irrevocable election, County of Roanoke certifies that it has or will establish, and continue to maintain, comparable employer -paid disability coverage for such employees. On motion of Supervisor to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance to vacate two (2) twenty foot (20') wide drainage easements dedicated by the subdivision plat for JAVA, LLC, recorded in Instrument Number 2008 -12233 and being Roanoke County Tax Map Number 087.10 -03- 05.00.0000; Cave Spring Magisterial District (Tarek Moneir, Deputy Director of Development) Mr. Moneir outlined the request for the ordinance and advised was a routine item and land was no longer needed for the future development of this parcel. There was no discussion. Supervisor Moore moved to approve the first reading and set the second reading and public hearing for October 22, 2013. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None 2. Ordinance accepting and appropriating four (4) Division of Motor Vehicle grants in the amount of $86,300 to the Police Department (Howard B. Hall, Chief of Police) Chief Hall outlined the request for the ordinance to accept and appropriate four grants. There was no discussion. October 8, 2013 435 Supervisor Altizer moved to approve the first reading and set the second reading for October 22, 2013. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None 3. Ordinance accepting and appropriating funds in the amount of $13,671 to the Sheriff's Office from Federal Grant 2013- DJ -BX- 1087, approved by the Department of Justice, Bureau of Justice Assistance (Michael G. Winston, Sheriff) Sheriff Winston outlined the request for the ordinance to accept and appropriate grant funds from the Department of Justice. There was no discussion. Supervisor Moore moved to approve the first reading and set the second reading for October 22, 2013. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None 4. Ordinance appropriating funds in the amount of $28,119.26 to the Roanoke County Public Schools for grants (Rebecca Owens, Director of Finance) Ms. Owens outlined the request for the ordinance to accept and appropriate four grants. There was no discussion. Supervisor Church moved to approve the first reading and set the second reading for October 22, 2013. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None 5. Ordinance appropriating funds in the amount of $3,090,244 for the Roanoke County Criminal Justice Academy project (Rebecca Owens, Director of Finance) Ms. Owens outlined the request for the ordinance to appropriate funds for the Criminal Justice Academy project. Ms. Owens outlined the funding sources. There was no discussion. Supervisor Altizer moved to approve the first reading and set the second reading for October 22, 2013. The motion carried by the following recorded vote: 436 October 8, 2013 AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None 6. Ordinance approving a Ground Lease Agreement with the City of Roanoke to construct and operate a Roanoke County Criminal Justice Training Academy (Daniel R. O'Donnell, Assistant County Administrator) Mr. O'Donnell outlined the ordinance to approve a ground lease agreement. In attendance with Mr. O'Donnell were Chief Howard B. Hall and Sheriff Michael G. Winston to answer any questions. Supervisor Flora commented that this is a great opportunity for collaboration with other localities. Supervisor Moore commented on the great camaraderie. Chairman Altizer commented on the confidence building. There was no further discussion. Supervisor Moore moved to approve the first reading and set the second reading and public hearing for October 22, 2013. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None 7. Ordinance approving and authorizing a cable television negotiated franchise with Comcast Corporation (Anne Marie Green, Director of General Services) Ms. Green outlined the ordinance for the franchise with Comcast. There was no discussion. Supervisor Church moved to approve the first reading and set the second reading for October 22, 2013. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: CONSENT AGENDA RESOLUTION 100813 -3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA October 8, 2013 437 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for October 8, 2013, designated as Item H - 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 — September 10, 2013 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Melaine C. Haynes, Accounts Coordinator - Social Services, upon her retirement after more than nineteen (19) years of service 3. Resolution requesting acceptance of Circleview Drive into the Virginia Department of Transportation (VDOT) Secondary System 4. Resolution authorizing an amendment to the lease with StellarOne Bank to provide for three (3) additional parking spaces 5. Request for approval of change order for contract with Price Buildings for repair of brick at the Roanoke County Courthouse 6. Request to accept the donation of a public drainage easement on the property of Stanley Koper and Jadwiga Koper located on Westmoreland Drive (Tax Map No. 077.13 -04- 37.00); Cave Spring Magisterial District On motion of Chairman Altizer to adopt the resolution and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None RESOLUTION 100813 -3.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MELAINE C. HAYNES, ACCOUNTS COORDINATOR — SOCIAL SERVICES, UPON HER RETIREMENT AFTER MORE THAN TWENTY -ONE (21) YEARS OF SERVICE WHEREAS, Melaine C. Haynes was hired on December 19, 1991 and served as a Clerk Typist in Risk Management, Clerk Typist in Payroll and Utility Billing, Clerk Typist in Social Services, Accounts Clerk II in Social Services and Accounts Coordinator in Social Services; and WHEREAS, Ms. Haynes retired on October 1, 2013, after twenty -one (21) years and nine (9) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Haynes as Accounts Coordinator always strived to provide outstanding customer service to both vendors and citizens as well as internal Social Services staff and County Finance staff ; and 438 October 8, 2013 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 MELAINE C. HAYNES for twenty -one (21) years and nine (9) months 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, Flora, Church, Elswick, Altizer NAYS: None RESOLUTION 100813 -3.b REQUESTING ACCEPTANCE OF CIRCLEVIEW DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition 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. 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 October 8, 2013 439 RESOLUTION 100813 -3.c AUTHORIZING AN AMENDMENT TO A LEASE WITH STELLARONE BANK FOR THREE (3) ADDITIONAL PARKING SPACES WHEREAS, the County currently leases thirty -two (32) parking spaces from StellarOne Bank at the Social Services Building on East Main Street in Salem ; and WHEREAS, the StellarOne has offered to lease three (3) additional spaces to the County at the same lease rate; and WHEREAS, the Board has determined that the leasing of additional parking spaces for social services department personnel, its clients and our citizens will facilitate the efficient operation of this department; and WHEREAS, Board previously adopted Ordinance #091112 -4, which authorized and approved this lease for parking spaces with StellarOne; and WHEREAS, Sec.18.04 of the Roanoke County Charter states in part that "after any such ordinance shall have taken effect, all subsequent proceedings incidental thereto and providing for the carrying out of the purposes of such ordinance may ... be taken by resolution of the board. ". NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY as follows 1 . That the Board hereby authorizes and approves the amendment to the Lease with StellarOne Bank for three (3) additional parking spaces at a rate of $22.50 per space per month. 2. That the County Administrator, or any Assistant County Administrators, either of whom may act, are authorized to execute and deliver the Lease Agreement, all of which shall be approved as to form by the County Attorney. 3. That this resolution shall be effective from and after the date of its adoption. 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- 100813 -3.d A- 100813 -3.e IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Mr. Noah Tickle of 1603 Frosty Lane in Salem, Virginia stated he has been a Roanoke County resident since 1956. He advised of all the elemental carbon hate policies, supposedly to improve our atmosphere, elemental carbon capture and burial is probably the worst. No life can exist on earth without elemental carbon's wonderful molecule carbon dioxide in the atmosphere. It is what we exhale, bubbly soda fizz, and 440 October 8, 2013 bubbles in the wine. The elemental carbon haters sip as they vilify the very thing that keeps them alive and so on, like spoiled children that defy their parents. Unfortunately, nature has been capturing and burying this valuable plant nutrient for millions of years. Carbon dioxide is very soluble in water, especially cold water. So it is continually being captured from the atmosphere by rain, rivers and the oceans as II as in growing vegetation. Much of this captured carbon gets buried at sea as extensive deposits of hydrocarbons such as coal, shale, oil, and natural gas, as thick beds of carbon, such as chalk, limestone and dolomite and in sea shells, bones and coral reefs This natural carbon capture and burial caused atmospheric carbon dioxide to reach a dangerous low of about 275 ppm by the end of the Little Ice Age about 200 years ago. At this level, plants suffer carbon starvation and growth slows. Like all cold eras, these times were grim. Luckily the climate cycles changed, and earth started out of the deep freeze, some ice melted, oceans warmed and carbon dioxide was expelled from the warming oceans to provide more food for plants. Green vegetation started to invade the deserts and crop yields improved Man's industrial activities aided this natural green revolution over the last century by returning some naturally- buried carbon from coal and limestone to the biosphere. The pace of earth- greening has increased - even the giant redwoods are growing faster in this more - fertile atmosphere. This life giving plant growth of our world is now threatened by misguided efforts to rob the atmosphere of man -made carbon dioxide using a bizarre process call dcarbon capture and burial. Even though the whole of mankind from the beginning of time has contributed less than 1/2 a one percent of anything carbon The green one world socialist sustainabilist mentality is in error of this carbon capture - truly a suicidal mission for life on earth. All life thrives when there is more carbon dioxide in the atmosphere. Do the carbon haters also hate life? There is lots of evidence of that. Also, like their stated intent to reduce mankind's population by eighty -five percent (85 %). Defund ICLEI and we will have done our part to right this ignorance. God rules here. IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency N RE: REPORTS AND INQUIRIES OF BOARD MEMBERS October 8, 2013 441 Supervisor Church congratulated the Glenvar Highlanders under Coach Kevin Clifford; they play in a separate district around the valley in football and are doing a great job with very able leadership. His staff has done a really good job. He also congratulated one more time the Northside powerful Vikings in North County. They are number one in Timesland and are undefeated six to zero. They made a trip over to a hostile environment to play on the athletic field of William Fleming High School and they handily defeated William Fleming and they are on a roll. They have defeated just about all the local teams. We are still worrying about Lord Botetourt, who is not in Roanoke County. They have a well run program under the leadership of Burt Torrence and Principal Frank Dent. The entire community has come together under that school and their leadership; they have completely changed the outlook and the thinking of North Roanoke. For so many years, we could hardly win a game. So, what a change and congratulations to them for continued success. Next week, they have a home game against Allegheny. Supervisor Elswick stated he would like to encourage everyone to go out and enjoy this beautiful time of the year. We are very fortunate to live in an area where you can just drive the Parkway and look at all the different colors and the mountains surrounding the Valley. He hopes everybody can get out and take a look at it; it really is enjoyable and relaxing and gets you away from the trials and tribulations of what we have to go through every day. He also reminded everyone that it is Homecoming week for Hidden Valley; big football game and parade and would like for everybody to come out and enjoy some football. Supervisor Moore invited everyone to the next quarterly Community Meeting at the South County Library; it will be October 10, 2013, this Thursday at 7:00 p.m. Chief Howard Hall will be there talking about the functions of the Police Department; there will be a question and answer time at the end. Also the second stormwater meeting will be held the same night, October 10, 2013, at the Vinton War Memorial. She stated she thinks that begins at 6:00 p.m. Chairman Altizer stated the only thing he had was a train collision on the way with the Terriers certainly playing good football down in Vinton. Hopefully, one of the other teams will beat Lord Botetourt and then it will come down to a County fight out. So, good luck to the Terriers this weekend. They have one loss this year, but they have bounced back from that so there are some bragging rights on the line. IN RE: CLOSED MEETING At 4:09 p.m., Chairman Altizer moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2 -3711 A 1, Personnel, namely discussion concerning appointments to the Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals); South Peak Community Development Authority. No vote was taken. 442 October 8, 2013 The closed session was held from 6:05 p.m. until 6:06 p.m. IN RE: WORK SESSIONS 1. Work session on proposed amendments to the Roanoke County Zoning Ordinance (Philip Thompson, Deputy Director of Planning; John Murphy, Zoning Administrator) In attendance for this work session was Philip Thompson, John Murphy and B. Clayton Goodman III, County Administrator. The work session was held from 4:23 p.m. until 5:10 p.m. Mr. Thompson went through a PowerPoint presentation with the individual changes for each zoning district. A copy of this presentation is on file in the Clerk to the Board of Supervisors office. He explained that most of the corrections are to make everything across the Board consistent. Supervisor Elswick stated he feels in AV, it should be by right for equipments sales, i.e. tractors. Mr. Goodman explained they are not allowed at all at the present time. Supervisor Elswick stated it should be appropriate with other standards, for example lot sizes. Supervisor Moore explained she has a problem with religious assembly in AG3. Mr. Thompson then reviewed the maximum building and lot coverage chart. Supervisor Flora stated he has a problem with automobile dealers in an AV district. Mr. Thompson advised would only be done with special use and could be limited. Supervisor Flora reiterated he felt used car lots are multiplying. Supervisors Elswick and Altizer agreed with Supervisor Flora. Supervisor Moore reiterated again that she would like to make religious assembly by special use only. Supervisor Altizer stated he agreed that it should be taken out of AG3. Mr. Goodman reviewed the issue with microbreweries. Mr. Thompson explained they are defined in industry type 1 and general restaurant. Mr. Caywood suggested that staff research and fine tune it down the road. Supervisor Flora stated he thinks we should add now as it is becoming a growing tourist attraction. Supervisor Elswick then expressed his concerns with the frontage requirements on public street in AG. Mr. Goodman advised more road frontage means less development. Supervisor Elswick inquired why would the Board be making that decision? Mr. Goodman advised the decision would be made in order to limit development in that area and that subdivisions could be made for families. Supervisor Elswick stated he feels it ought to be more consistent. Mr. Goodman suggested that staff ask the Planning Commission to review all site development standards as the only changes the Commission looked at were October 8, 2013 443 trends. Mr. Thompson advised his staff wants to look at clustering in the AG areas for next year. It was the consensus of the Board to move forward as it is currently written and for the Board members to consider the following changes: • Amend Restaurant, general definition by adding the word "brewpubs" to the definition (Page 29 of Ordinance, Page 136 of Board Package) as follows: Restaurant, general: An establishment engaged in the preparation and consumption of food and beverages and characterized primarily by table service to customers in non - disposable containers. Typical uses include cafeterias, dinner theatres, taverns, brewpubs, and cafes. • Leave Religious Assembly as a Special changing it to a By -Right use (Page 33 Package). • Under Sec. 30- 32 -2(A) — remove Assembly from the Ordinance • Under Sec. 30- 32 -2(B) — remove under Civic Uses from the Ordinance Use in the AG -3 District instead of of Ordinance, Page 140 of Board item #3 Civic Uses and Religious Religious Assembly (struckthrough) • Delete Automobile Dealership as a Special Use in the AV District (Page 37 of Ordinance, Page 144 of Board Package) o Under Sec. 30- 36 -2(B) — remove Automobile Dealership under Commercial Uses from the Ordinance Change Restaurant, Drive -in or Fast Food from a Special Use to a By -Right Use in the C -2 District (Page 46 of Ordinance, Page 153 of Board Package) • Under Sec. 30- 54 -2(A) — add Restaurant, Drive -in or Fast Food under Commercial Uses • Under Sec. 30- 54 -2(B) — add Restaurant, Drive -in or Fast Food (struckthrough) under Commercial Uses • Add Restaurant, Drive -in or Fast Food as a Special Use in the Clearbrook Village Overlay District (CVOD) — (Page 46 of Ordinance, Page 153 of Board Package) o Under Sec. 30- 58 -4(B) — add Restaurant, Drive -in or Fast Food under Commercial Uses 2. Work session to discuss strategies for enhanced litter awareness and enforcement (Charlotte A. Moore, Vice Chairman; Richard L. Caywood, Assistant County Administrator) 444 October 8, 2013 In attendance for this work session was Richard L. Caywood, Kathy Jones, Senior Assistant County Attorney and Howard B. Hall, Chief of Police. The work session was held from 5:12 p.m. until 6:00 p.m. Mr. Caywood went through a PowerPoint presentation outlining the strategies; a copy of which is on file in the Clerk to the Board of Supervisors office. Chief Hall advised the citizen complaint; a case number will need to be applied and will be kept for ten (10) years. The Police Department will need to verify the complaint, but it will not be available for FOIA. Supervisor Flora suggested that the County apply for a litter control grant from the State and to tackle all litter, not just cigarette butts. Supervisor Altizer asked when the Police run the plate and generate the case number would the case number be tied to that individual and show up later. Chief Hall advised is would be a CAD entry only. Supervisor Altizer then called for a five minute break. Ms. Jones then outlined a possible ordinance for this issue and advised there is already a State code pertaining to this issue that allows Counties to set up their own penalties and would suggest setting up the ordinance for a civil penalty. Supervisor Moore stated she wants a $250 civil penalty and possibly an option for community service. Mr. Caywood advised staff would look into the community service option. It was the consensus of the Board to have staff put together some suggested wording for the ordinance and send out to the Board for review and bring back at a future meeting. IN RE: CERTIFICATION RESOLUTION At 6:06 p.m., Supervisor Altizer moved to return to open session and adopt the certification resolution. RESOLUTION 100813 -4 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 in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: October 8, 2013 445 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Chairman Altizer to adopt the resolution and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 6 :06 p.m. Approved by: f . Michael W. Altizer Chairman Submitted by: October 8, 2013 PAGE LEFT BLANK INTENTIONALLY