The URL can be used to link to this page

Home My WebLink About4/26/2016 - Adopted Board RecordsACTION NO. A-042616-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: April 26, 2016 Request to approve the Cable Television budget for fiscal year 2016-2017 Rebecca Owens Director of Finance Thomas C. Gates County Administrator Approval of the Cable Television Budget for fiscal year 2016-2017 BACKGROUND: Roanoke Valley Television, RVTV-3, serves Roanoke County, Roanoke City, the Town of Vinton and their respective school systems. RVTV-3 was created in 1992 as an agreement between the three localities to form a Government and Educational Access Station. The station is located at the Jefferson Center, and is staffed by five, full-time staff members. RVTV-3 produces original video productions, monthly television shows, and covers live government meetings. Programming is cablecast on Cox Communications, Channel 3, and Comcast, Channel 3 in the West County area. RVTV-3 is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the County, the City and the Town. Mr. Jason Peters represents the Board of Supervisors, Ms. Amy Whittaker represents Roanoke County Administration and Mr. David Jones is the Member at Large. The operational budget for RVTV is provided by the three local governments, and is funded through the Virginia Communications Sales and Use Tax paid by Cox Communications. The budget amount paid by each locality is based on the proportion of Cox customers located in each jurisdiction. Roanoke County's share of the cable budget is 43.61 %. RVTV-3 staff are included in the County's payroll and benefit system. Page 1 of 3 DISCUSSION: Last year, Roanoke Valley Television produced a total of 165 video productions for the three localities and their school systems. RVTV produced the following for the County: (32) Half Hour Television Shows, (31) Stand Alone Video Productions, and (22) Live Board Meetings. An entire list of video productions is included in the Budget Packet. RVTV monthly television shows include: "Roanoke County Today," and "Accent Excellence." RVTV also produces two quarterly TV shows, "Roanoke County Business Partners, " & "Recreation Television." RVTV-3 programming is uploaded to the RVTV website and social media sources. Additionally, RVTV-3 programming is posted to the websites and social media sources for Roanoke County, Roanoke City, Town of Vinton and their School Systems. The fiscal year 2016-2017 total Operating Budget for RVTV is $401,044. Roanoke County's share is based on the proportion of Cox customers located in each jurisdiction. Roanoke County's share of the cable budget is 43.61 %. FISCAL IMPACT: Roanoke County's share of the cable budget for 2016-2017 is $174,895. This is an increase of $1,514 over the prior year. RVTV's 2016-2017 budget as proposed is $864 higher than the amount included in the County Administrator's Fiscal year 2017 Proposed Operating Budget. The County Administrator will make a technical correction to the budget prior to Board adoption. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends approval of the fiscal year 2016-2017 RVTV Operating Budget. Page 2 of 3 VOTE: Supervisor Peters moved to approve the fiscal year 2016-2017 RVTV Operating Budget; Supervisor McNamara seconded the motion. Motion approved. cc: Elaine Bayes Murphy, Director of Cable Access Page 3 of 3 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Elaine Bayes Murphy, Director of Cable Access 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, APRIL 26, 2016 RESOLUTION 042616-2 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE FISCAL YEAR 2016-2017 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the City of Roanoke and the Town Council of the Town of Vinton; and WHEREAS, the Chief Executive Officer of the Roanoke Valley Resource Authority has submitted the fiscal year 2016-2017 budget of the Roanoke Valley Resource Authority for approval. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORSOF ROANOKE COUNTY, VIRGINIA that the fiscal year 2016-2017 budget for the Roanoke Valley Resource Authority, is hereby approved, and the County Administrator and the Chief Deputy Clerk are authorized to execute and attest respectively, on behalf of the County, any documentation, in form by the County Attorney, necessary to evidence said approval. Page 1 of 2 On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None A COPY TESTE: Deborah C. Jacks Chief Deputy Clerk to"the Board of Supervisors cc: Anne Marie Green, Director of General Services Rebecca Owens, Director of Finance Daniel Miles,CEO, Roanoke Valley Resource Authority Stephanie M. Moon Reynolds, Clerk, Roanoke City Council Susan Johnson, Clerk, Town of Vinton Page 2 of 2 ACTION NO. A-042616-3 ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: April 26, 2016 Request to transfer funds in the amount of $11,000 from Board Contingency to pay for the employee picnic Deborah Jacks Chief Deputy Clerk Thomas C. Gates County Administrator Request to transfer funds to pay for the employee picnic BACKGROUND: The Roanoke County Board of Supervisors and Administration will be hosting a picnic at Explore Park for employees and family on Saturday, May 21, 2016, from 10 am - 3 pm. DISCUSSION: Chairman P. Jason Peters has asked that the Board consider transferring funds from Board Contingency to the Finance Department, employee benefits account, to pay for this event. FISCAL IMPACT: There is currently $35,000 remaining in the Board Contingency account. Allocating these funds would leave a balance of $24,000 until the new fiscal year begins July 1, 2016. STAFF RECOMMENDATION: Staff recommends the transfer of these funds from Board Contingency. Page 1 of 2 VOTE: Supervisor Assaid moved to approve the transfer of funds from Board contingency; Supervisor McNamara seconded the motion. Motion approved. cc: Rebecca Owens, Director of Finance Anne Marie Green, Special Assistant to the County Administrator Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Bedrosian ❑ ® ❑ Ms. Hooker ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Rebecca Owens, Director of Finance Anne Marie Green, Special Assistant to the County Administrator 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, APRIL 26, 2016 ORDINANCE 042616-4 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $8,000 FROM THE MARINE CORPS LEAGUE TO CAMP ROANOKE FROM THE 20TH ANNUAL MARINE MUD RUN WHEREAS, Roanoke County and the Marine Corps League have a partnership to host the annual Marine Mud Run at Green Hill Park; and WHEREAS, The Mud Run is a fund raising event for the Marine Corps League and was held on September 19, 2015; and WHEREAS, The Marine Corps League makes an annual donation to Camp Roanoke for camp improvements. 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 April 12, 2016, and the second reading was held on April 26, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $8,000 is hereby appropriated from the Marine Corps League to the Park, Recreation and Tourism department for Camp Roanoke for the purposes of ropes course improvements and repairs; and 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor McNamara and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None A COPY TESTE: L■l- 0 0 ._Ill��r N1iti Chief Deputy Clerk to the Board of Supervisors cc: Doug Blount, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance Christopher Bever, Director of Management and Budget Page 2 of 2 ACTION NO. A -042616-5.a ITEM NO. J_2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 26, 2016 AGENDA ITEM: Request to accept and allocate funds in the amount of $2,736 to the Clerk of the Circuit Court from the Commonwealth of Virginia, for fiscal year 2015/2016 SUBMITTED BY: APPROVED BY: ISSUE: Rebecca Owens Director of Finance Thomas C. Gates County Administrator Request to accept and allocate funds in the amount of $2,736 to the Clerk of the Circuit Court from the Commonwealth of Virginia, for fiscal year 2015/2016. BACKGROUND: Technology Trust Funds are fees collected by the Roanoke County Circuit Court Clerk's Office. DISCUSSION: Funds in the amount of $2,736 were received from the State and are earmarked for the purpose of maintenance needs for the Clerk of Circuit Court. FISCAL IMPACT: There is no fiscal impact associated with this item. All funds are provided by the Commonwealth of Virginia. Ordinance #052615-3 appropriated various grants donations, and other miscellaneous revenues for various functions and purposes that are routine and usual in nature for the 2015-2016 fiscal year. Funds in the amount of $2,736 are to be accepted and allocated to account 102817-5850. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends allocating $2,736 to the Clerk of Circuit Court for the fiscal year 2015/2016. VOTE: Supervisor McNamara moved to approve the allocation of $2,736 to the Clerk of Circuit Court for fiscal year 2015/2016; Supervisor Peters seconded the motion. Motion approved. cc: Rebecca Owens, Director of Finance Steve McGraw, Clerk of Circuit Court Christopher Bever, Director of Management and Budget Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Rebecca Owens, Director of Finance Steve McGraw, Clerk of Circuit Court Christopher Bever, Director of Management and Budget Page 2 of 2 ACTION NO. A -042616-5.b ITEM NO. J_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: ISSUE: April 26, 2016 Confirmation of the appointment of Gregory Hamilton (At - Large) to the Blue Ridge Behavioral Healthcare Board of Directors Deborah Jacks Chief Deputy Clerk Thomas C. Gates County Administrator Ratification of an At -Large appointment to the Blue Ridge Behavioral Healthcare Board of Directors BACKGROUND: In accordance with the Bylaws of the Blue Ridge Behavioral Healthcare Board of Directors, all At -Large appointments are to be ratified by all four local governing bodies. DISCUSSION: Roanoke County has been advised by Debbie Bonniwell, Executive Director of Blue Ridge Behavioral Healthcare that Mr. Gregory Hamilton has been endorsed to serve an additional three-year term as an At -Large member that will expire December 31, 2018. Ms. Bonniwell has requested ratification by all four localities. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends ratification of this appointment. Page 1 of 2 VOTE: Supervisor McNamara moved to approve the confirmation of Gregory Hamilton to the Blue Ridge Behavioral Healthcare Board of Director; Supervisor Peters seconded the motion. Motion approved. cc: Ms. Debbie Bonniwell, MBA, MSSW, LCSW Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Ms. Debbie Bonniwell, MBA, MSSW, LCSW Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 Page 2 of 2 ACTION NO. A -042616-5.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 26, 2016 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $7,082 from the Virginia Department of Criminal Justice Services Virginia Victim -Witness Fund, federal Victims of Crime Act (VOCA) to the Commonwealth Attorney's Office SUBMITTED BY: APPROVED BY: ISSUE: Rebecca Owens Director of Finance Thomas C. Gates County Administrator Accept Victim Witness Program grant funds in the amount of $7,082. BACKGROUND: The Roanoke County Victim Witness Program provides comprehensive information and direct services to crime victims and witnesses in accordance with the Crime Victim and Witness Rights Act and other applicable victim rights' laws. DISCUSSION: The Department of Criminal Justice Services awarded the Roanoke County Commonwealth's Attorney's Victim Witness Program a 15% increase in the Victim - Witness Fund, federal Victims of Crime Act (VOCA) funding, to be used for enhancing victim services. Grant funding increased from $47,214 to $54,296. FISCAL IMPACT: Federal funds in the amount of $7,082 will need to be allocated from the grant account to the Victim Witness Grant for fiscal year 2016. No County matching funds are required for this grant. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Commonwealth's Attorney's Office Victim Witness Program in the amount of $7,082. VOTE: Supervisor McNamara moved to approve the allocation of $7,082 to the Commonwealth Attorney's office Victim Witness Program; Supervisor Peters seconded the motion. Motion approved. cc: Rebecca Owens, Director of Finance Randy Leach, Commonwealth Attorney Christopher Bever, Director of Management and Budget Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Rebecca Owens, Director of Finance Randy Leach, Commonwealth Attorney Christopher Bever, 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, APRIL 26, 2016 RESOLUTION R -042616-5.d GRANTING A WAIVER TO THE AMERICAN CANCER SOCIETY AND RELAY FOR LIFE OF VINTON UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. "NOISE" OF CHAPTER 13. "OFFENSES -MISCELLANEOUS" WHEREAS, Relay For Life of Vinton, a fundraiser for the American Cancer Society, will be holding its annual overnight Relay For Life event at William Byrd High School for the Town of Vinton, Roanoke County, and the general public on Friday, May 6, 2016, from 5:00 p.m. to Saturday, May 7, 2016, at 12:00 a.m.; and WHEREAS, Relay for Life is held overnight to represent the journey of a cancer patient, and stress that cancer continues to exist even when the sun has set. In order to accommodate this atmosphere and bring the community together in the fight against cancer, American Cancer Society and Relay For Life of Vinton are requesting a waiver of the Roanoke County noise ordinance from 5:00 p.m. on Friday, May 6, 2016, to 12:00 a.m. on Saturday, May 7, 2015; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County noise ordinance to avoid undue hardship upon consideration of certain factors set forth in sub -section (b) of Section 13-23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the provisions of Section 13-21. Specific acts as noise, sub -section (5) and Section 13-20. General prohibition of Article 11. Noise be waived from 5:00 p.m., May 6, 2016, to 12:00 a.m., May 7, 2015. 2. That this waiver is granted specifically to The American Cancer Society and Relay for Life of Vinton for the Relay for Life fundraiser at William Byrd High School on May 6-7, 2015. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None A COPY TESTE: Chief Deputy Clerk to the Board of Supervisors cc: Courtney Baker, American Cancer Society Angie C. Lewis, Vinton Chamber of Commerce Susan Johnson, Clerk, Town of Vinton Page 2 of 2 ACTION NO. A -042616-5.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: April 26, 2016 Confirmation of appointments to the Building Code Board of Appeals (Fire Code Board of Appeals) (At -Large) Deborah Jacks Chief Deputy Clerk Thomas C. Gates County Administrator Confirmation of appointments. BACKGROUND: Several appointments to the Fire Code Board of Appeals will expire by the end of April 2016. Additionally, one member of this Board will retire and has tendered his resignation effective May 31, 2016. DISCUSSION: Staff has recommended the following appointments: David Jones renewal of four-year term to expire April 27, 2020 Peter Fields renewal of a four-year term to expire January 24, 2020 Richard Evans renewal of a four-year term to expire April 13, 2020 Justin Biller has been recommended to fill the unexpired term of David Shelton from June 1, 2016 through September 23, 2017. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approval of all appointments. VOTE: Supervisor McNamara moved to approve the confirmation of appointments to the Building Code Board of Appeals; Supervisor Peters seconded the motion. Motion approved. cc: Stephen G. Simon, Chief of Fire and Rescue Brian Simmons, Fire Inspector Morgan Yates, Building Commissioner Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Stephen G. Simon, Chief of Fire and Rescue Brian Simmons, Fire Inspector Morgan Yates, Building Commissioner 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, APRIL 26, 2016 RESOLUTION 042616-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for April 26, 2016, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — February 23, 2016 2. Request to accept and allocate funds in the amount of $2,736 to the Clerk of the Circuit Court from the Commonwealth of Virginia, for fiscal year 2015/2016 3. Confirmation of the appointment of Gregory Hamilton (At -Large) to the Blue Ridge Behavioral Healthcare Board of Directors 4. Request to accept and allocate grant funds in the amount of $7,082 from the Virginia Department of Criminal Justice Services Virginia Victim -Witness Fund, federal Victims of Crime Act (VOCA) to the Commonwealth Attorney's Office 5. Resolution granting a waiver to the American Cancer Society and Relay for Life of Vinton under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13. Offenses - Miscellaneous, Vinton Magisterial District 6. Confirmation of appointments to the Building Code Board of Appeals (Fire Code Board of Appeals) (At -Large) Page 1 of 2 On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None A COPY TESTE: Deborah C. Jacks ' (/ Chief Deputy Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 26, 2016 RESOLUTION 042616-6 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. Page 1 of 2 On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 0 TCCTC- ueooran u. JaCKS Chief Deputy Clerk Page 2 of 2 Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 26, 2016 ORDINANCE 042616-7 GRANTING A SPECIAL USE PERMIT FOR A BROADCASTING TOWER (CELL TOWER) APPROXIMATELY 150 FEET IN HEIGHT IN A 1-2, HIGH INTENSITY INDUSTRIAL, DISTRICT ON A 4.58 ACRE PARCEL LOCATED AT 5119 HOLLINS ROAD, HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF DAVID B. MCCLURE (APEX TOWERS, LLC AGENT) WHEREAS, David B. McClure, agent for Apex Towers, LLC, has filed a petition for a special use permit for broadcasting tower use at 5119 Hollins Rd. (Tax Parcel No.039.09-01-07.00-0000), in an 1-2, high intensity industrial district, in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 5, 2016; and WHEREAS, the Planning Commission recommends approval of the petition with the conditions that the total height of the tower shall not exceed 154 feet and the tower shall not be illuminated with any type of lighting apparatus, unless lighting is required by the Federal Aviation Administration; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 22, 2016; the second reading and public hearing on this matter was held on April 26, 2016. 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 David B. McClure, agent for Apex Towers, LLC, for broadcasting tower use on a 4.58 acre parcel located at 5119 Hollins Road (Tax Parcel No.039.09-01-07.00-0000), in the Hollins Page 1 of 3 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: (a) The total height of the tower shall not exceed 154 feet, and (b) The tower shall not be illuminated with any type of lighting apparatus, unless lighting is required by the Federal Aviation Administration. 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 Bedrosian to adopt the ordinance, seconded by Supervisor Assaid and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None A CO Y TESTE: Deb rah C. Jack Chief Deputy Cler o the Board of Supervisors Page 2 of 3 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 Development Ruth Ellen Kuhnel, County Attorney Page 3 of 3