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HomeMy WebLinkAbout9/23/2014 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY SEPTEMBER 23, 2014 RESOLUTION 092314-1 ACCEPTING FOR PUBLICATION AND CONCEPTUAL PHASE CONSIDERATION THE UNSOLICITED PROPOSAL FROM HHHUNT FOR THE DESIGN AND CONSTRUCTION OF THE MURRAY RUN STREAM RESTORATION PROJECT UNDER THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public -Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows the Roanoke County Board of Supervisors to create a public-private partnership to develop projects for public use; and WHEREAS, by Resolution 051303-4 the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County; and WHEREAS, HHHunt has submitted an unsolicited proposal under the provisions of the PPEA for the Murray Run Stream Restoration Project; and WHEREAS, the Interim County Administrator has reviewed this unsolicited proposal and has recommended to the Board of Supervisors this unsolicited proposal be formally accepted for review. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That there is a public need for the restoration of Murray Run to address an environmental problem and to improve the water quality of this stream. 2. That it chooses to accept the HHHunt unsolicited proposal for publication and conceptual phase consideration. Page 1 of 3 3. That it will proceed to use procedures developed that are consistent with procurement of other than professional services through "competitive negotiation", since doing so is likely to be advantageous to the County and the public based upon either (i) the probable scope, complexity or urgency of need, or (ii) the risk sharing, added value, increase in funding or economic benefit from the project would otherwise not be available. The scope and complexity of the development of a stream restoration project requires an innovative approach, such as competitive negotiation, to the design and construction of a new facility. 4. That the County Administrator, or an Assistant County Administrator, is directed to post and publish the required notice thus allowing an opportunity for competing preliminary proposals to be submitted. Due to the complexity of the proposed project and the County's desire to encourage competition, the notice shall state that competing proposals must be submitted on or prior to November 14, 2014, to be considered, rather than the minimum of forty-five (45) days allowed by the Commonwealth of Virginia's Public Private Educational Facilities and Infrastructure Act. The County Administrator is also authorized and directed to take such other actions as may be necessary to implement this resolution. Page 2 of 3 On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A GrQPY TESTE: Deborah C. Jacks Deputy Clerk to the Toard of Supervisors cc: Richard L. Caywood, Assistant County Administrator Paul M. Mahoney, County Attorney Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2014 ORDINANCE 092314-2 ACCEPTING AND APPROPRIATING $39,078.43 TO THE ROANOKE COUNTY PUBLIC SCHOOLS FOR VARIOUS GRANTS AND SUPPLEMENTS WHEREAS, the Virginia Department of Education allocates funds for school divisions for secondary Career and Technical Education equipment on an annual basis. Staff estimated an initial budget appropriation of $8,096. The Virginia Department of Education notified Roanoke County Public Schools that the actual appropriation for this year is $21,250.68, which requires an additional supplemental appropriation of $13,154.68; and WHEREAS, the Virginia Department of Education notified Roanoke County Public Schools that the actual Perkins Grant will be $136,560.43. The budget currently contains $132,086, which requires an additional supplemental appropriation of $4,474.43; and WHEREAS, The Virginia Department of Education notified Roanoke County Public Schools that they have been allocated $4,036.56 for Workplace Readiness Skills testing and/or other industry certification assessments. This requires an appropriation of $4,036.56; and WHEREAS, the Virginia Department of Education notified Roanoke County Public Schools that they have been allocated $17,412.76 for certain Career and Technical Education (CTE) industry certification examinations, licensure tests and occupational competency assessments for students enrolled in CTE classes that are eligible for such examination. This requires an appropriation of $17,412.76; and Page 1 of 2 WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on September 9, 2014, and the second reading was held on September 23, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $39,078.43 is hereby appropriated to the Roanoke County Public Schools; and 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 0 TESTE: Deputy Clerk to the of Supervisors cc: Rebecca Owens, Director of Finance B. Brent Robertson, Director of Management and Budget Angela Roberson, Clerk to the Roanoke County School Board Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2014 ORDINANCE 092314-3 APPROVING AN AGREEMENT BETWEEN THE COUNTY OF ROANOKE AND CRAIG BOTETOURT ELECTRIC COOPERATIVE FOR USE OF SPACE ON TOWER SITES AND APPROPRIATING $6,000 TO THE COUNTY RADIO REPLACEMENT FUND WHEREAS, Roanoke County staff recommends approval of an agreements with Roanoke County and Craig Botetourt Electric Cooperative for installation of equipment on the Fort Lewis Mountain Radio Site; and WHEREAS, Craig Botetourt Electric Cooperative will reimburse Roanoke County for use of the site; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on September 9, 2014, and the second reading was held on September 23, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That agreements between Roanoke County and Craig Botetourt Electric Cooperative for the use of the Fort Lewis Mountain towers be entered into; and 2. That the sum of $6,000 is hereby appropriated to the County's Radio Replacement Fund (463010) to offset costs incurred for maintaining the radio system; and 3. That the Interim County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf Page 1 of 2 of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None TESTE: Deborah C. Jacks' V Deputy Clerk to the Board of Supervisors cc: Bill Hunter, Director of Communications and Information Technology W. Brent Robertson, Director of Management and Budget Page 2 of 2 K ,woke Comics County of Roanoke INFORMATION Com m I T TECHNOLOGY 5925 Cove Road Roanoke, Virginia 24019 ANTENNA SITE USE AGREEMENT This Antenna Site Use Agreement ("Agreement") for Ftlewis is entered into this day of 12014 between Roanoke, County, Virginia ("County") and Craig Botetourt Electric Cooperative ("Craig Botetourt Electric COOP"). For good and valuable consideration, the parties hereto agree as follows: Premises. County is the owner of a telecommunications tower (the "Tower") and an equipment shelter ("The Shelter') located on a parcel of land ("Land") as described on Exhibit A annexed hereto (the Tower, the Shelter and the Land are collectively the "Property"). Craig Botetourt Electric desire to use space within the Shelter and space upon the Tower (collectively, the "Premises") in such amounts and in such locations as described on Exhibit B annexed hereto, subject to the terms and conditions of this Agreement. 2. USE. The premises shall be used by Craig Botetourt Electric for the transmission and reception of radio communication signals on various frequencies and for the installation, maintenance and operation of necessary facilities, including, but not limited to, transceivers and antennas. County agrees to cooperate with Craig Botetourt in obtaining at Craig Botetourt Electrics expense any licenses, permits and other approvals required for Craig Botetourt use of the Premises. Term. This Agreement shall be for an initial period of three (3) years ("Initial Term") commencing on Sep 1, 2014 ("Commencement Date"). Craig Botetourt Electric shall have the right to extend the Initial term for two (2) successive three (3) year periods (each a "Renewal Term") on the terms and conditions set forth herein. This Agreement shall be automatically renewed for each successive Renewal Term unless either County or Craig Botetourt Electric sends written notice of non -renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice to be provided in accordance with Paragraph 13 of this Agreement. 4. Reimbursement. (a) For the Initial Term, Craig Botetourt Electric shall pay Roanoke County Five Hundred Dollars ($500.00) per month as a reimbursement for utilities and maintenance costs associated with upkeep of the premises and equipment. This Reimbursement shall be payable on the first day of each month in advance at the address set forth in Paragraph 13, or at the option of the Craig Botetourt Electric, as a lump sum due on September 1 of each term or renewal term of this agreement. (b) For any Renewal Term, Reimbursement will increase by no more that 10% percent during any 3 year period. Increase will be based on the current Consumer Price index during the three (3) year period. (c) County grants Craig Botetourt the right to draw electricity from the existing electric supply within the Premises and the Building. (d) If this Agreement is terminated prior to its expiration, reimbursement shall be prorated to the date of termination. 5. Interference. (a) Craig Botetourt Electric shall operate the Craig Botetourt's Facilities as defined in 6(a) in a manner that will not cause interference to County and any Lessees of the communications site; provided that their installation predates the Craig Botetourt's Facilities. All operations by Craig Botetourt shall be lawful and in compliance with all FCC requirements. (b) Subsequent to the installation of the Craig Botetourt's Facilities, Roanoke County shall not permit its Lessees or licensees to install new equipment on the property if such is likely to cause interference with Craig Botetourt's operation. If any such interference occurs Roanoke County Lessee shall immediately shut down any on site equipment causing such interference. Roanoke County Lessee shall have 60 days to rectify such problems causing interference and at no time shall Roanoke County Lessee use such equipment until interference is corrected. If such use occurs other than for testing it shall be deemed a material breach by Roanoke County. In the event any such interference occurs, Craig Botetourt Electric will be notified by phone or email at Craig Botetourt Administration Office. Craig Botetourt shall have the right, in addition to any other rights that it may have at law or in equity, to terminate this Agreement. 6. Improvements; Liability; Utilities; Access. (a) Craig Botetourt Electric has the right to erect, maintain, and operate on the Premises radio communications facilities, including, but not limited to, transmitters and receivers and all related equipment, radio transmitting and receiving antennas and supporting structures thereto ("Lessee Facilities"). In connection therewith, Craig Botetourt Electric has the right to do all work necessary to prepare, maintain and alter the Premises for Craig Botetourt Electric's business operations and to install transmission lines, connecting the antennas to the transmitters and receivers. All of Craig Botetourt's installation work shall be performed at Craig Botetourt Electric's sole cost and expense and in a good and workmanlike manner in accordance with Craig Botetourt's specifications. Title to the Craig Botetourt Electric's Facilities shall be in Craig Botetourt's. Craig Botetourt Electric has the right to remove all Craig Botetourt Electric Facilities at its sole expense on or before the expiration or earlier termination of the term, provided Craig Botetourt Electric repairs any damage to the Premises cause by such removal. (b) Craig Botetourt has the right to improve the present utilities on the Premises and to install new utilities (including, but not limited to, standby power generator for Craig Botetourt's exclusive use at a location on the Property acceptable to both parties). Craig Botetourt also has the right to bring utilities across the Property in order to service the Premises. County shall, at Craig Botetourt's request, execute necessary documents evidencing such utility easement rights. (c) County shall provide to Craig Botetourt's employees, agents and subcontractors access over the Property to the Premises 24 hours a day, 7 days a week, at no charge to lessee. Termination. This Agreement may be terminated without further liability on (30) days prior notice as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured with sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice: (b) by Craig Botetourt Electric if it does not obtain or maintain any license, permit or other approval necessary to the installation and operation of the Craig Botetourt Facilities: or (c) by Craig Botetourt Electric if Craig Botetourt determines that the Premises are not appropriate for is operations for economic or technological reasons, including signal interference: or (d) The County may terminate this Agreement for cause if the County determines that the Craig Botetourt Electric's actions pose a risk in violation of any federal or state law, regulation or ordinance applicable to public health, safety or welfare in written notice, or if the Craig Botetourt Electric's actions result in the issuance of a legal Notice of Violation of any public health, safety or welfare law, regulation or ordinance and Craig Botetourt Electric is unable to cure the conditions specified in the County's notice or the legal Notice of Violation within the time prescribed therein, then County may immediately terminate this Agreement, by written notice to the Craig Botetourt Electric Furthermore, this agreement must automatically terminate coincident with Roanoke County, Virginia's lease of said property. Taxes. If personal property taxes are assessed, Craig Botetourt Electric shall pay any portion of the taxes directly attributable to the Property. 9. Insurance. (a) Craig Botetourt Electric shall procure, maintain, and pay for a public liability policy, naming County as an additional insured, with limits of $1,000,000 for bodily injury. $1,000,000 for property damage, $2,000,000 aggregate, with a certificate of insurance to be furnished to County within 30 days of written request. Such policy shall provide that termination or cancellation will not occur without at least 15 days prior written notice to County. (b) Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement. 10. Destruction of Premises. If the Premises or Facilities are destroyed or damaged, Craig Botetourt Electric may elect to terminate this Agreement as of the date of the damage or destruction by notice given to County no more than forty-five (45) days following the date of any such damage or destruction. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction. 11. Condemnation. (a) If a condemning authority takes all of the Property, or a portion sufficient to render the Premises unsuitable for Craig Botetourt Electric's use, this Agreement shall terminate as of the date the title vests in the condemning authority. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of power shall be deemed a taking by condemnation. (b) Craig Botetourt Electric may claim and recover from the condemning authority an award for Craig Botetourt Electric's moving expenses, business dislocation damages, Craig Botetourt Electric's personal property and fixtures and the unamortized costs of any improvements paid for by Craig Botetourt Electric. 12. Hold Harmless. Craig Botetourt Electric agrees to hold County harmless from any and all claims arising from the installation, use, maintenance, repair or removal of the Craig Botetourt Electrics Facilities, except for claims arising from the negligence of County, its Employees, agents or independent contractors. This paragraph shall not be deeded a waiver of any sovereign immunity or other immunity which either party to this agreement may be entitled to claim. 13. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, sent by facsimile or by and overnight courier providing proof of service, or mailed, certified mail, return receipt requested, to the following addresses: If to County: County of Roanoke, Virginia P.O. BOX 29800 Roanoke, Virginia 24018-0798 Attention: Director of General Services If to Shawn C. Hildebrand Craig Botetourt Electric Cooperative Address: P.O. Box 265 New Castle, VA. Zip Code 14. Title and Quiet Enjoyment: County warrants that it has full right, power, and Craig Botetourt Electric to execute this Agreement and has good and marketable title to the Property. County further warrants that Craig Botetourt shall, provided Craig Botetourt is not in material default, have the quiet enjoyment of the Premises. 15. Assignment. Either party may, upon notice to the other party, assign or transfer its rights and obligations arising under this Agreement to any of its governmental entities or affiliates, or to a successor by consolidation or merger. In all other instances either party may assign or transfer its rights and obligations only upon written consent of the other party, which consent shall not be withheld or delayed unreasonably. 16. Successors and Assigns. This Agreement shall run with the Land, described on Exhibit A. Craig Botetourt Electric shall have the right to submit this Agreement for recordation to the appropriate governmental agency having jurisdiction over the Property. This Agreement shall be binding upon and insure to the benefit of the parties, their respective successors and assigns. 17. Waiver of County's Lien. County waives any lien rights it may have concerning the Craig Botetourt Electric Facilities which are deemed Craig Botetourt's personal property; and Craig Botetourt Electric has the right to remove the same at any time without County's consent. 18. Tower Marking and Lighting Requirements. County acknowledges that it, and not Craig Botetourt Electric, shall be responsible for compliance with all tower or building marking and lighting requirements of the Federal Aviation Administration ("FAA") or the Federal Communications Commission ("FCC"). County shall indemnify and hold Craig Botetourt Electric harmless from any fines or other liabilities caused by County's failure to comply with such requirements. Should Craig Botetourt Electric be cited by either the FCC or FAA because this site is not in compliance and should County fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Craig Botetourt Electric may either terminate this Agreement immediately on notice to County or proceed to cure the conditions of noncompliance at County's expense. 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understanding of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Dated as of the date first above written. County of Roanoke, Virginia ATTEST/WITNESS: By: Its: Craig Botetourt Electric, Virginia ATTEST/WITNESS: By: Its: STATE OF CITY/COUNTY OF On this _day of ,2013 before me, a Notary Public in and for the Commonwealth of Virginia, personally appeared and acknowledged the said Agreement to be for use and purpose therein mentioned, and on oath stated he/she was authorized to execute said Agreement. WITNESS my hand and the official seal affixed the day and year first above written. Notary Public NRN My Commission expires: STATE OF ) CITY/COUNTY OF ) On this _day of ,2013 before me, a Notary Public in and for the Commonwealth of Virginia, personally appeared and acknowledged the said Agreement to be for use and purpose therein mentioned, and on oath stated he/she was authorized to execute said Agreement. WITNESS my hand and the official seal affixed the day and year first above written. Notary Public NRN My Commission expires: Exhibit A The Property location is a parcel of land lying atop of the geographical location known as Ft. Lewis Mtn. Roanoke County, Virginia. The Geodetic coordinates of the Property are as follows: 37 Degrees — 18'— 32.1" N. Latitude 80 Degrees — 09" — 35.2" W. Longitude The telephone exchange of the Property is: 540-561-8055 Craig-Botetourt Antenna Requirement for Ft. Lewis Mtn. The utility needs to have 2 antennas for the Ft. Lewis site. The first antenna is VHF, and would need to be located at as high a point on the tower that is available for maximizing the coverage from the site. At this point, it is anticipated that the antenna used would be a 9 dB directional dipole facing roughly 30° East of due North, side -mounted. The 2nd antenna would be UHF and directional, at this point considering a 120° sector antenna, 6 dB gain, at approximately 350° azimuth. The transmitted signal in the VHF system would be the highest allowed by the FCC for a repeater at the elevation of the antenna. The emission will be the true 6.25 bandwidth channel, 4KOOF1 E (and associated data emissions), which is ultra -narrow band digital in NXDN digital format. This frequency pair is not yet assigned, but the coordination would be tested for non-interference for the site before acceptance. The signal in the UHF system will be approximately 40W ERP for linking with a remote site. The UHF emissions will be the same type as the VHF. Again, this frequency pair is not yet assigned, but the coordination would be tested for non-interference for the site before acceptance. VHF Antenna Proposed: RFS model 340 Length 22.5' Weight 40# UHF Sector Antenna Proposed Comtelco model BSAX450C6-120 Length (horizontal) 37" Weight 12# EXHIBIT B The premises shall consist of the following: (a) Floor space in the Shelter which floor space shall be sufficient in size to accommodate Lessee's one (1) equipment cabinet, having a foot print of 72"Height X 19" Width 28"Depth' together with clearance of approximately two feet in front and 1' in rear of the cabinet to facilitate servicing the equipment. (b) Space on the Tower at the approximate height of TBD feet for two (2) antenna mount for the installation of radio transmitting and receiving antenna, and for one 1 5/8" or smaller cable run. The exact location of the antenna mounts shall be determined jointly by the parties after a physical inspection of the site by CO & Craig Botetourt Electric engineers. ACTION NO. A -092314-4.a ITEM NO. H-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2014 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $37,876 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department for the 2014 award solicitation SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: Daniel R. O'Donnell Interim County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Bulletproof Vest Partnership (BVP) has awarded the Roanoke County Police Department a matching grant to assist in the purchase of protective vests for law enforcement and correctional officers. The U.S. Department of Justice will fund 47.87% of the cost of each vest up to a total of $18,131.24 of federal funds. The period for this grant funding is April 1, 2014 thru August 31, 2016. FISCAL IMPACT: This grant requires a 52.13% match. The funds, in the amount of $19,744.76, will come from the Police Department's fiscal year 2014-2015 budget. Ordinance #052714-4 appropriated grant funds for grants that are routine and usual in nature for the 2014-2015 fiscal year. Funds in the amount of $18,131.24 will need to be allocated from the grant account to the Bulletproof Vest Grant for 2014. Page 1 of 2 ALTERNATIVES: 1. Accept and allocate funds in the amount of $37,876 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department for the 2014 award solicitation. 2. Do not accept the grant. STAFF RECOMMENDATION: Staff recommends alternative 1. VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Howard B. Hall, Chief of Police W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Howard B. Hall, Chief of Police W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2014 RESOLUTION 092314-4.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GLENNA O. RATCLIFLFE, ECONOMIC DEVELOPMENT ADMINISTRATIVE ASSISTANT, UPON HER RETIREMENT AFTER MORE THAN SEVEN (7) YEARS OF SERVICE WHEREAS, Glenna O. Ratcliffe was employed by Roanoke County on August 6, 2007 -land WHEREAS, Ms. Ratcliffe retired on September 1, 2014, after seven (7) years and one (1) month of devoted, faithful and professional service to Roanoke County; and WHEREAS, Ms. Ratcliffe, through her employment with the Economic Development Department of Roanoke County, has been instrumental in providing excellent staff support, a spirit of cooperation and concern for improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout her tenure with Roanoke County, Ms. Ratcliffe served as Recording Clerk to the ten (10) -member Economic Development Authority, where she managed the meeting agendas, minutes and notices. She also maintained the financial and legal records of the Authority, including bond confirmations and related correspondence; and WHEREAS, Ms. Ratcliffe performed departmental budget and financial oversight functions including monitoring multiple departmental and capital accounts, processing invoices, preparing payroll and budget reports; and WHEREAS, Ms. Ratcliffe assisted the Director and staff in business development related activities including proposal preparation, power point presentations, certificates of Page 1 of 2 appreciation and the coordination of marketing materials for use with new and existing businesses; and WHEREAS, Ms. Ratcliffe served as the Office Manager, Technical Contact and Records Manager for the Department, and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to GLENNA O. RATCLIFFE for more than seven (7) 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. n motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks Deputy Clerk to th oard of Supervisors Page 2 of 2 ACTION NO. A -092314-4.c ITEM NO. H-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 23, 2014 Confirmation of appointment to the Grievance Panel (at Large) Deborah C. Jacks Deputy Clerk to the Board Daniel R. O'Donnell Interim County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Grievance Panel (at Large) During the closed session held on September 7, 2014, it was the consensus of the Board to recommend the reappointment of King Harvey to an additional three-year term to expire September September 24, 2017. Accordingly, confirmation has been placed on the Consent Agenda. VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Joseph Sgroi, Director of Human Resources Page 1 of 1 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Joseph Sgroi, Director of Human Resources Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2014 RESOLUTION 092314-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 23, 2014, 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 8 inclusive, as follows: 1. Request to accept and allocate grant funds in the amount of $37,876 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department for the 2014 award solicitation 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Glenna O. Ratcliffe, Economic Development Administrative Assistant, upon her retirement after more than seven (7) years of service 3. Confirmation of appointment to the Grievance Panel (at Large) 4. Request for adoption of Drainage Maintenance Projects for fiscal year 2014- 2015 5. Resolution requested the Virginia Department of Transportation and Commonwealth Transportation Board to fund projects for the fiscal year 2016- 2021 Six -Year Improvement Program 6. Resolution requesting the Roanoke Valley Area Metropolitan Planning Organization fund a list of projects for the fiscal year 2016-2021 Regional Surface Transportation Program Page 1 of 2 7. Resolution requesting the Roanoke Valley Area Metropolitan Planning Organization (RVAMPO) fund a Regional Surface Transportation Program (RSTP) project for expansion and completion of the Tinker Creek Greenway in Roanoke County, Virginia 8. Request to aGGept and alleGate a deRation in the amount of $341.67 #Gn; SupeFviser Al 13edFosian to the Debt Fund (Item was removed for separate consideration.) On motion of Supervisor McNamara to adopt the resolution, with the exception of Item H-8 and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None TESTE: Deborah C. Jacks N Deputy Clerk to the B rd of Supervisors Page 2 of 2 ACTION NO. A -092314-4.d ITEM NO. H-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 23, 2014 Request for adoption of Drainage Maintenance Projects for fiscal year 2014/2015 Arnold Covey Director of Community Development Daniel R. O'Donnell Interim County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: During the September 9, 2014 work session, staff presented an overview of the history of the drainage maintenance program, Drainage Complaint Procedures, how staff evaluates and selects projects and maintenance responsibilities. Staff is now submitting projects P- 333 through P- 346 for approval and inclusion to the Drainage Maintenance Priority List for fiscal year 2014/2015. These projects are estimated to cost $366,000, as shown in EXHIBIT "A" PROPOSED PROJECTS. Funding is available for projects through the Department of Community Development's operating budget. FISCAL IMPACT: No additional funding is being requested. STAFF RECOMMENDATION: Staff recommends approval of these additional drainage projects for inclusion into the Drainage Maintenance Priority List. Page 1 of 2 VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Arnold Covey, Director of Community Development Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Arnold Covey, Director of Community Development Page 2 of 2 EXHIBIT A PROJECT P — 333 ADDRESS: 3565 Colony Ln. DESCRIPTION: Existing stormwater system to be replaced to meet current standards. ESTIMATED COST: $ 30,000 MAGISTERIAL DISTRICT: CAVE SPRING STATUS: PENDING PROJECT P — 334 ADDRESS: 5316 Summer Dr. DESCRIPTION: Existing stormwater system to be replaced to meet current standards. ESTIMATED COST: $ 60,000 MAGISTERIAL DISTRICT: Catawba STATUS: PENDING PROJECT ADDRESS: DESCRIPTION: ESTIMATED COST: MAGISTERIAL DISTRICT STATUS: P-335 4921 North Spring Dr. Existing stormwater system to be replaced to meet current standards. $ 60,000 Catawba PENDING 1 PROJECT P — 336 ADDRESS: 5576 Westbriar Ct. DESCRIPTION: Stabilize drainage easement. ESTIMATED COST: $ 15,000 MAGISTERIAL DISTRICT: Windsor Hills STATUS: PENDING PROJECT P — 337 ADDRESS: 4392 Daughtery Rd. DESCRIPTION: Stabilize outfall channel. ESTIMATED COST: $ 8,000 MAGISTERIAL DISTRICT: CATAWBA STATUS: PENDING PROJECT P — 338 ADDRESS: 3475 Richards Blvd. DESCRIPTION: Existing stormwater system to be replaced to meet current standards. ESTIMATED COST: $ 40,000 MAGISTERIAL DISTRICT: CAVE SPRING STATUS: PENDING PROJECT P — 339 ADDRESS: 5233 Cave Spring Ln. DESCRIPTION: Existing stormwater system to be replaced or slip lined to meet current standards. ESTIMATED COST: $ 30,000 MAGISTERIAL DISTRICT: WINDSOR HILLS STATUS: PENDING 2 PROJECT ADDRESS: DESCRIPTION: ESTIMATED COST: MAGISTERIAL DISTRICT: STATUS: PROJECT P-340 8246 Birkdale Dr. Establish adequate channel. $ 5,000 HOLLINS PENDING P-341 ADDRESS: 5040 Falcon Ridge Rd. DESCRIPTION: Existing stormwater system to be replaced to meet current standards. ESTIMATED COST: $ 40,000 MAGISTERIAL DISTRICT: CAVE SPRING STATUS: PENDING PROJECT P — 342 ADDRESS: 3520 Cantor Cl. DESCRIPTION: Stabilize drainage easement. ESTIMATED COST: $ 10,000 MAGISTERIAL DISTRICT: WINDSOR HILLS STATUS: PENDING PROJECT P — 343 ADDRESS: 3351 Kingswood Dr. DESCRIPTION: Erosion of natural watercourse, existing drainage easement above and below. ESTIMATED COST: $ 30,000 MAGISTERIAL DISTRICT: CAVE SPRING STATUS: PENDING 3 PROJECT ADDRESS: DESCRIPTION: ESTIMATED COST: MAGISTERIAL DISTRICT: STATUS: P-345 5117 Norseman Dr. Stabilize drainage easement. $ 15,000 CATAW BA PENDING PROJECT P — 346 ADDRESS: 1396 Longview Rd. DESCRIPTION: Stabilize existing drainage easement at outfall of pipe. ESTIMATED COST: $ 15,000 MAGISTERIAL DISTRICT: WINDSOR HILLS STATUS: PENDING PROJECT P — 347 ADDRESS: DESCRIPTION: ESTIMATED COST: MAGISTERIAL DISTRICT STATUS: 920 Starmount Av. Re-establish drainage easement. $ 8,000 HOLLINS PENDING all AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 23, 2014 RESOLUTION 092314-4.e REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND COMMONWEALTH TRANSPORTATION BOARD TO FUND PROJECTS FOR THE FISCAL YEAR 2016-2021 SIX- YEAR IMPROVEMENT PROGRAM WHEREAS, the Six -Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHEREAS, the Six -Year Improvement Program is updated annually to assist in the allocation of federal and state funds for interstate and primary highways; and WHEREAS, the Roanoke County Board of Supervisors reviewed a list of four (4) projects for Six -Year Improvement Program funding at a work session on September 9, 2014; and WHEREAS, the Roanoke County Board of Supervisors supports the list of four (4) projects for Six -Year Improvement Program funding, as well as supports the ongoing efforts for the Roanoke River Greenway and Plantation Road Project. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors requests the Virginia Department of Transportation and Commonwealth Transportation Board to fund the following list of projects for the fiscal year 2016-2021 Six -Year Improvement Program: a. Interstate 81 Widening from Exit 118 to Exit 150 b. Interstate 73 Construction and Improvements to Existing Route 220 Page 1 of 2 c. Route 419 Widening / Access Management / Pedestrian Accommodations from Route 220 to Route 221 d. Route 460 Widening and Improvements between 1-581 and Alternate 220 2. That the Board of Supervisors requests the Virginia Department of Transportation and Commonwealth Transportation Board to continue funding the Roanoke River Greenway and Plantation Road Project. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A QDPY TESTE: Deborah C. Jacks' Deputy Clerk to the l5oard of Supervisors cc: David Holladay, Planning Administrator Virginia Department of Transportation Commonwealth Transportation Board Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 23, 2014 RESOLUTION 092314-4.f REQUESTING THE ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION FUND A LIST OF PROJECTS FOR THE FISCAL YEAR 2016-2021 REGIONAL SURFACE TRANSPORTATION PROGRAM WHEREAS, the Roanoke Valley Area Metropolitan Planning Organization reviews applications for funding through the Regional Surface Transportation Program and makes recommendations for project funding to the Commonwealth Transportation Board; and WHEREAS, the Roanoke County Board of Supervisors reviewed a list of six (6) projects for Regional Surface Transportation Program funding at a work session on September 9, 2014; and WHEREAS, the Roanoke County Board of Supervisors supports the list of six (6) projects for Regional Surface Transportation Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests the Roanoke Valley Area Metropolitan Planning Organization fund the following list of projects for the fiscal year 2016-2021 Regional Surface Transportation Program: 1. Plantation Road Project — Lila Drive Intersection 2. Plantation Road Project — Friendship / Carvin's Creek Bridge Replacement 3. Plantation Road Project — Friendship Lane Reconstruction 4. Plantation Road Project — Phase 2 5. Exit 140 Park and Ride Page 1 of 2 6. West Main Street Pedestrian Improvements — Phase 2 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks t Deputy Clerk to the Bo d of Supervisors cc: David Holladay, Planning Administrator Roanoke Valley Area Metropolitan Planning Organization Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2014 RESOLUTION 092314-4.g REQUESTING THE ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION (RVAMPO) FUND A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) PROJECT FOR EXPANSION AND COMPLETION OF THE TINKER CREEK GREENWAY IN ROANOKE COUNTY, VIRGINIA WHEREAS, the City of Roanoke, Roanoke County, Botetourt County, the Town of Vinton and the Roanoke Valley Greenway Commission desire to exhibit unanimous support for all RSTP applications involving the Tinker Creek Greenway submitted to RVAMPO with the goal of expanding and completing the Tinker Creek Greenway in all four (4) jurisdictions; and WHEREAS, the Tinker Creek Greenway alignment is designated as a Priority Two Greenway in the 2007 Update to the Roanoke Valley Conceptual Greenway Plan and is planned to connect the Roanoke River Greenway to Carvins Cove Natural Reserve; and WHEREAS, the Tinker Creek Greenway Conceptual Master Plan was developed by the Roanoke Valley Greenway Commission and Virginia Tech landscape architecture students in the Landscape Architecture Department, in cooperation with the City of Roanoke, Town of Vinton and Roanoke County in Spring 2000, to identify potential routes for the Tinker Creek Greenway between Fallon Park and Carvins Cove Natural Reserve; and WHEREAS, the Tinker Creek Greenway has been completed between (1) the Roanoke River Greenway and Fallon Park in the City of Roanoke, and (2) Carvins Cove Page 1 of 3 Natural Reserve and the trailhead parking lot north of Interstate 81 in Botetourt County and Roanoke County; and WHEREAS, Botetourt County has developed a Comprehensive Trail Plan to direct the expansion and enhancement of its trail inventory to include establishing trail connections to the Tinker Creek Greenway for the benefit of residents in southern Botetourt County, eastern Roanoke County and other trail users; and WHEREAS, the focus of the RSTP applications is to expand and complete the Tinker Creek Greenway between Fallon Park in the City of Roanoke and the trailhead parking lot north of Interstate 81 in Roanoke County as well as into Botetourt County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the RVAMPO fund projects for the expansion and completion of the multijurisdictional Tinker Creek Greenway in the localities of the City of Roanoke, Roanoke County, Botetourt County and the Town of Vinton. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A C( Y TESTE: Deborah C. Jacks Deputy Clerk to the Ward of Supervisors Page 2 of 3 cc: Megan Cronise, Principal Planner Roanoke Valley Area Metropolitan Planning Organization Stephanie M. Moon, MMC, Roanoke City Clerk Susan Johnson, Town of Vinton Clerk Susan Fain, Deputy Clerk, Botetourt County Page 3 of 3 ACTION NO. A-092314-5 ITEM NO. H-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2014 AGENDA ITEM: Request to accept and allocate a donation in the amount of $341.67 from Supervisor Al Bedrosian to the Debt Fund SUBMITTED BY: Paul Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Supervisor Al Bedrosian returned to the County the pay increase of two percent (2%) approved by the Board of Supervisors with check number 9446 in the amount of $341.67. He requested this amount be applied towards the debt of Roanoke County. This donation can be applied to the Energy Management Capital Lease which currently has a principal balance owed of $749,276.25. FISCAL IMPACT: Ordinance #052714-4 appropriated grant funds, donations and other miscellaneous revenues that are either minimal or routine and usual in nature for the 2014-15 fiscal year, and that such amounts be acknowledged and allocated to the appropriate fund upon approval by the Board on the Consent Agenda. Funds in the amount of $341.67 will need to be allocated from the grant and donations account to the Debt Fund for an additional principal payment on the Energy Management Capital Lease. ALTERNATIVES: 1. Accept and approve the allocation of the donation in the amount of $341.67 from Supervisor Al Bedrosian to apply towards the Energy Management Capital Lease Roanoke County. 2. Do not accept the donation. STAFF RECOMMENDATION: Staff recommends alternative 1. Page 1 of 2 VOTE: Supervisor Bedrosian moved to approve the staff recommendation. Motion approved. cc: Rebecca Owens, Director of Finance W. Brent Robertson, Director of Management and Budget Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Rebecca Owens, Director of Finance W. Brent Robertson, Director of Management and Budget Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2014 RESOLUTION 092314-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None Page 1 of 2 Supervisors Bedrosian and Church both responded with their vote their non - participation in the Closed Meeting, pursuant to Section 2.2.3711A.1 Discussion or consideration of the employment of specific public officers, appointees or employees, namely the County Administrator. Deputy Clerk to the Page 2 of 2 rd of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2014 ORDINANCE 092314-7 GRANTING A SPECIAL USE PERMIT TO EXPAND THE SQUARE FOOTAGE OF AN EXISTING CONVENIENCE STORE BY TEN PERCENT (10%) OR GREATER IN AN AV, AGRICULTURAL/VILLAGE CENTER DISTRICT ON APPROXIAMTELY 1.15 ACRES LOCATED AT 2938 JAE VALLEY ROAD (TAX MAP NO. 079.01-04-24.00-0000) VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF IBNSINA KARKENNY WHEREAS, Ibnsina Karkenny has filed a petition for a special use permit to expand the square footage of an existing convenience store by ten percent (10%) or greater in an AV, Agricultural/Village Center District located at 2938 Jae Valley Road (Tax Map No. 079.01-04-24.00-0000) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 2, 2014; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 26, 2014; the second reading and public hearing on this matter was held on September 23, 2014. NOW, THEREFORE, 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 Ibnsina Karkenny to expand the square footage of an existing convenience store by ten percent (10%) or greater in an AV, Agricultural/Village Center District on approximately 1.15 acres located at 2938 Jae Valley Road in the Vinton 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 Page 1 of 2 shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved. 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 Peters to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks Deputy Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 2 of 2 shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved. 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 Peters to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None /0 TESTE: ueDoran u. jacKs Deputy Clerk to the cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 2 of 2 rd of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2014 ORDINANCE 092314-8 AMENDING EXISTING SPECIAL USE PERMIT CONDITIONS TO ALLOW FOR THE ADDITION OF A PROPANE FILLING STATION FOR AN EXISTING GARDEN CENTER USE IN AN AVS, AGRICULTURAL/ VILLAGE CENTER, DISTRICT WITH A SPECIAL USE PERMIT ON A 0.763 ACRE PORTION OF AN APPROXIMATELY 1.94 ACRE PARCEL LOCATED AT 7796 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF TRACY A. BRYANT WHEREAS, Ordinance 022701-12 adopted on February 27, 2001, rezoned a 1.94 acre parcel of real estate located in the 7700 block of Bent Mountain Road (portion of Tax Map #095.01-01-45.00-0000) to AV, Agricultural/Village Center District and granted a special use permit with conditions for the operation of a garden center upon application by Tracy A. Bryant; and WHEREAS, the applicant, Tracy A. Bryant, has filed a petition to amend the existing special use permit conditions to allow the addition of a propane filing station at the existing garden center; and WHEREAS, the Planning Commission held a public hearing on this matter on September 2, 2014; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 26, 2014; and a second reading and public hearing on this matter on September 23, 2014. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that amending the conditions of a special use permit granted to Tracey A. Bryant for an existing garden center located at 7796 Bent Page 1 of 3 Mountain Road (portion of Tax Map # 095.01-01-45.00-0000) (Windsor Hills Magisterial District) to allow for the addition of a propane filing station 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, that it shall have a minimum adverse impact on the surrounding neighbourhood or community, and therefore said special use permit conditions are hereby AMENDED and APPROVED to read and provide as follow: a) The ten -foot planting strip shall be provided adjacent to Bent Mountain Road right-of-way. Within the planting strip, one small evergreen tree shall be planted ever ten linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. b) There shall be no sale or storage of fertilizers or pesticides on the site. The sale or storage of petroleum products on site shall be limited to the propane filling station. c) As part of site plan review the limits of the Federal Emergency Management Agency (FEMA) designated flood way shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. d) No equipment or products shall be stored in the FEMA designated flood way. e) As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored from encroaching into the FEMA flood way. f) No temporary portable signs may be used on the property. g) Only a monument sign shall be used as a freestanding sign. The sign shall have a maximum height of seven feet and no greater than twenty-eight (28) square feet of copy area. h) There shall be no grinding, chipping or processing of mulch, raw wood or other product on the site. i) There shall be no wholesale distribution from the site. 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 Page 2 of 3 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks Deputy Clerk to the and of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 3 of 3