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HomeMy WebLinkAbout9/28/2010 - RegularSeptember 28, 2010 355 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of September 2010. 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: CALL TO ORDER Chairman Church called the meeting to order at 3:00 p.m. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Eddie "Ed" Elswick, Supervisors Michael W. Altizer, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Paul M. Mahoney, County Attorney; Teresa Hamilton Hall, Director of Public Information; Deborah C. Jacks, Deputy Clerk to the Board IN RE: OPENING CEREMONIES The invocation was given by Dr. Bryan E. Smith of the First Baptist Church of Roanoke. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Altizer requested the addition of a new business item for the Board to consider adding to Roanoke County's legislative priorities. 356 September 28, 2010 B. Clayton Goodman III, County Administrator requested the addition of two closed sessions, pursuant to the Code of Virginia Section 2.2-3711(A)(5) discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the County and Section 2.2- 3711(A)(29) Discussion of the terms or scope of a public contract involving the expenditure of public funds where discussion in open session would adversely effect the bargaining position or negotiating strategy of the county, namely an agreement with Botetourt County concerning Jack Smith Industrial Park. There were no objections. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the month of October 2010 as Fire Prevention Month in the County of Roanoke (Richard E. Burch, Jr., Chief of Fire and Rescue; Gary Huffman, Fire Marshal) Chief Burch and Fire Marshal Huffman were in attendance to receive the proclamation. In addition, the following fire prevention crew members as well at Spot, Patches and Pumper were in attendance for recognition as the unsung heroes of the fire department: Colin Gee, Todd Maxey, Charles Wilson, Jeremy Shelor, Kurk Kipley, Woody Henderson, Chris Smith, John Sweeney, Brian Simmons and Scott Jones. Brian Clingenpeel was in training and could not be in attendance for today's meeting. 2. Recognition of the Virginia Association of Counties (VACO) 2010 Achievement Award for the Green Ridge Recreation Center (Jill B. Loope, Assistant Director of Economic Development) Dean A. Lynch, Director of Intergovernmental Affairs, Virginia Association of Counties presented the Innovative County Program Award -Best in Class - Economic Development to Chairman Church and noted that this was the sixth time that Roanoke County has received a VACO award since the inception of the Program in 2003. Supervisor Flora noted that Mr. Lynch's daughter is a newly graduated police officer for Roanoke County. 3. Recognition of Roanoke County Fleet Service Center receiving LEED Certification (Anne Marie Green, Director of General Services) Anne Marie Green advised that on July 27, 2010, the Roanoke County Fleet Service Center became the first County facility to achieve LEED (Leadership in September 28, 2010 357 Energy and Environmental Design) certification. Ms. Green presented the framed certificates to David Anderson and Jim Vonick, who were the project managers for the Fleet Service Center. IN RE: NEW BUSINESS 1. Ratify and approve the execution of an option agreement on 5755 Crystal Creek Drive, Cave Spring Magisterial District, and appropriation of $6,000 (Paul Mahoney, County Attorney) A-092810-1 Mr. Mahoney explained staff had identified property which is situated across the street from the new South County Library site and beside Starkey Park. The option agreement and appropriation will allow for due diligence which should take approximately six weeks to two months. Chairman Church asked if the site was directly across from the library site and if there are other properties. Mr. Mahoney responded in the affirmative. Supervisor Moore moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 1. Resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to advertise and hold a public hearing on October 12, 2010, in anticipation of declaring the developer of Quail Ridge Subdivision, Section 8, to be in default, and to authorize officials of Roanoke County to exercise its rights under the Developer's Erosion and Sediment Control Agreement and the accompanying bond (Tarek Moneir, Deputy Director of Development Services) A-092810-2 Mr. Moneir advised that on September 1, 2010, Community Development had received a copy of a Cancellation Notice effective October 20, 2010, from Erie Insurance regarding the Quail Ridge Subdivision. At that time, staff notified the developer that all of the physical improvements had not been completed and requested a rescission of the cancellation notice or a substitutable surety by September 30, 2010. The Bonding Committee has declared that the developer is in default. There was no discussion. 358 September 28, 2010 Supervisor Moore moved to approve the request and schedule a public hearing on October 12, 2010. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 3. Additional legislative priority (Supervisor Michael W. Altizer) Supervisor Altizer noted as he spoke with of parents, many in this room, grandparents, and other and says "K-2", "Cloud", "Spice", "Magic Gold" and to the average parent and grandparent such as himself, it did not mean a whole lot until he read a small article in the Roanoke Times about a month ago. He explained it is about a totally legitimate drug that is being sold over the counter of convenience stores, gas stations and smoke shops across the Commonwealth of Virginia and a lot of other localities. He noted these drugs are synthetic cannabis, which is completely legal. It is being sold as incense, sprayed with these chemicals that, absent only the THC chemical that is in marijuana, make it legal. Eleven states so far have made these drugs unlawful and Supervisor Altizer stated he thinks it is incumbent upon Roanoke County not to wait until things reach an epidemic stage to talk our area legislators to get laws and bans enacted, hopefully, at this legislative session coming up that will outlaw these designer drugs. Supervisor Altizer explained an eight or ten year old can walk into a gas station and buy it. He advised that he would not go through all the materials he has, but noted there are many articles. Supervisor Altizer quoted a Drug Enforcement Administration (DEA) official stating, "I "am receiving calls wanting us to know that it is being sold in stores, that their kids are getting it and smoking it and they are getting high. Parents need to be aware of it and what to look for, even buy a package just to see what it is." In 2010, the American Association of Poison Control Center reported 1259 cases spread among 48 states and DC. In 2009, there were only fourteen (14) such cases. The chemical is stronger than marijuana, but it is legal. DEA estimates put it at somewhere between 100 and 800 times more potent than marijuana. Mr. Altizer addressed the Board by stating that he is asking the Board and Chairman for their support in adding to Roanoke County's legislative agenda, to ask area legislators to either come up with a law or back a law that is going to make this substance illegal. Supervisor Altizer further indicated that it is just hard to believe that there are people out there that will take and engineer these recreational drugs and know how to bend the system with certain chemicals that makes our communities not what the Board would want them to be. Supervisor Altizer asked Chairman Church, if it is the wish of the Board to move forward with this, that he would also like to ask the Board as part of its resolution, to include a letter from our Board Chairman asking all of our adjoining localities to support Roanoke County and adopt their own resolutions to their area legislators, as Roanoke County needs to make this something of importance. He reiterated there are many things to do with budgets that come out of Richmond; September 28, 2010 359 however, this is our young people. It is close to home in Virginia. In Blacksburg, two nineteen year old men smoking "Bayou Buster" were taken to the hospital with vomiting, accelerated heart beats and in the case of one man, violent seizures. Marijuana doesn't even give you seizures, according to these experts. Supervisor Altizer stated he feels this is volatile and is going to affect our young and creep into our high schools. Additionally, he stated he feels Roanoke County needs to take whatever actions are necessary to make it illegal in Roanoke County at the point in time the State also makes it illegal. Supervisor Altizer asked that the Board move forward to protect our children and our community. Supervisor Flora stated that he knows he is way out of the loop when it comes to drugs, but he has never heard of this, which is part of the point. Supervisor Flora stated he does not have any problem adding this; however he would like to have the same information, so that he can get educated on what Supervisor Altizer is talking about. Supervisor Flora stated that he does not mind adopting ordinances as long as he is educated and knowledgeable about exactly what the impact is going to be. Chairman Church indicated that his comment was going to be the same, as he does not doubt for one moment the gentleman from Vinton's information; it is frightening to say the least that this can be happening. Chairman Church stated he feels the Board can be and will be proactive. He further requested that Mr. Mahoney get all the necessary information together so that the Board can formulate it into the right format. Chairman Church then stated if this designer drug is what it is purported to be, and he feels certain that it is, the Board should take the lead and ask for other localities to assist. Supervisor Moore stated that she was in agreement, stating that any time the Board can take action to stop the spread of drug use it should be done. Supervisor Elswick stated he had read that same article in the newspaper and really appreciated Mr. Altizer bringing it to the attention of the Board. Supervisor Elswick advised he feels this action is a very good approach and the Board should do its best to stop the availability of it. It was the consensus of the Board that additional information be provided to the Board members and that it be added to Roanoke County's legislative program for the 2011 session of the Virginia General Assembly IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. The petition of Laura Bryant to obtain a Special Use Permit in a R- 1, Low Density Residential, District to acquire a multiple dog permit for five (5) dogs on 1.005 acre, located at 4607 Fort Lewis Church Road, Catawba Magisterial District 360 September 28, 2010 Chairman Church moved to approve the first reading and schedule the second reading and public hearing for October 26, 2010. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Amendment to Section 30-23-2, Nonconforming Uses of Buildings, Structures or Land, of the Roanoke County Zoning Ordinance to modify provisions relating to the expansion of an existing nonconforming residential structure in commercial or industrial districts (Philip Thompson, Deputy Director of Planning) There was no discussion. Supervisor Flora moved to approve the first reading and schedule the public hearing and second reading for October 12, 2010. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: APPOINTMENTS Brent Robertson has been appointed as the Roanoke County representative on the Advisory Board for the Regional Center for Animal Control and protection. Confirmation of this appointment was placed on the Consent Agenda. IN RE: CONSENT AGENDA RESOLUTION 092810-3 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 September 28, 2010, designated as Item I Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of Minutes -September 14, 2010 September 28, 2010 361 2. Request to accept and appropriate funds in the amount of $80,000 to the Roanoke County Public Schools 3. Request to accept and appropriate funds in the amount of $197,400 for five Division of Motor Vehicle Grants 4. Request to accept and appropriate funds in the amount of $990 from Pro-Tec Fire Services Limited for radio reimbursement 5. Confirmation of appointment to the Advisory Committee for the Regional Center for Animal Control and Protection (RCACP) On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following two citizens spoke concerning the proposed changes to the Volunteer Incentive Program suggested qualification changes. Mr. Emerson Schoonover of 4309 Waters Lane in Salem, Virginia stated he was with the Masons Cove volunteer fire department. He stated the Volunteer Incentive Program Board of Trustees is coming to meet with the Board over the eligibility requirements set in 2006. Mr. Schoonover stated that Mason's Cove volunteer fire department has a member, Barry Yates, that does not qualify, although he is one hundred percent (100%) vested in the old program. He explained the Virginia Department of Fire Programs required a firefighter one to recertify every five years until the year 1992. He stated those firefighters that certified in 1993 or later required no recertification. He added Mr. Yates joined the department in 1985, was a certified firefighter one in 1986, become an EMT in 1989 and kept up his certification to date. However, Mr. Yates did not recertify as firefighter one in 1991. Mr. Yates has continued his training as required by Roanoke County and has over sixty certifications on record to date. Mr. Schoonover outlined that by pulling the records for the last ten years, Mr. Yates has over 500 hours training and advanced over 860 calls. Mr. Yates worked the Green Ridge fire and is one of the spokespersons for the Roanoke County video. Mr. Yates accepted the Red Cross Award for heroes for being in command for the Appalachian Trail Rescue and has served as Assistant Chief since 2004. Mr. Schoonover advised that many Roanoke County volunteers were grandfathered into the system and run right along the system just like everybody else. Mr. Yates's overall certification, his original certification, 25 years of training and dedication to the citizens of Roanoke County should qualify him for the program. Mr. Schoonover advised he has provided the Board with a pamphlet that shows Mr. Yates' record and training to date. Chairman Church thanked Mr. Schoonover for coming and advised that the Board was in receipt of the information provided. Additionally, Chairman Church 362 September 28, 2010 advised that there would be work session later which Mr. Schoonover is welcome to stay and attend. Tom Philpott of 1811 Charlestown Square in Vinton, Virginia indicated that he is the Rescue Chief for the Vinton first aid crew. Mr. Philpott stated that he is speaking regarding the proposed changes to the Volunteer Incentive Program (VIP), which Roanoke County has provided for the volunteer fire and rescue personnel. He stated he understands the concern of the Board to update this and the committee that was appointed had a very difficult job. Mr. Philpott stated that he is of the opinion the proposal to change the qualifications appears not to be taking all departments or conditions into consideration. He stated it is like a professor that Chairman Church and he had at one time that said, "You have to pick all of the meat off the bone to get to everything you need to know." He stated an example would be requiring members in one squad to run four calls per year to qualify for the ten percent (10%) and then having another squad having to run 118 calls per year to qualify. Mr. Philpott stated this seems to be a problem. He then advised no member of the Vinton first aid crew is doing the work they do for the incentive money. He explained citizens have been volunteering since 1939 and will continue whether there is an incentive program or not. He outlined most of the volunteer fire companies, which Mr. Philpott reiterated he is not trying to divide between fire and rescue but stated there is a difference, as they are not required to sleep in-house. These volunteers run from home, do their job and go back home and go to bed. Our rescue volunteers are required to stay in-station in order to meet atwo- minute response time that is dictated by Emergency Medical Services (EMS). It is volunteers' opinion that is the least they can do. Additionally, rescue calls are probably eight to one on fire. During calendar year 2009, the volunteers were dispatched 1184 calls to the Vinton first aid crew during volunteer hours, which is 6:00 p.m. to 6:00 a.m. The volunteers answered 802 of these calls; most of the remaining 382 were covered by career staff, due to one of the following reasons: either the basic life support or the volunteer truck was already on a call or it was dispatched to advance life support which requires a paramedic and that meant the career truck took it. During that year, only 12 calls were turned over to other agencies during volunteer hours. Mr. Philpott stated that his squad, last year, accumulated 15,000 in-station hours, that is equivalent to 375 employees working forty hours a week. He advised that under the proposed ten percent (10%) minimum requirement set forth in the new VIP program only four members of the squad would qualify. Mr. Philpott advised they are not asking for any special consideration, but to develop a fair method of awarding these incentives. IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: September 28, 2010 363 AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid -August, 2010 5. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended August 31, 2010 6. Comparative Statement of Budgeted and Actual Revenues for the month ended August 31, 2010 7. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of August 31, 2010 8. Proclamation signed by the Chairman IN RE: CLOSED MEETING At 4:00 p.m., Chairman Church 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 community Development Authority, The Economic Development Authority, the Grievance Plan and Roanoke Valley- Alleghany Regional Comprehensive Economic Development Strategy Committee and Code of Virginia Section 2.2-3711(A)(5) Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the County and Section 2.2-3711(A)(29) Discussion of the terms or scope of a public contract involving the expenditure of public funds where discussion in open session would adversely affect the bargaining position or negotiating strategy of the county, namely an agreement with Botetourt County concerning Jack Smith Industrial Park. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 364 September 28, 2010 At 4:01 p.m., Chairman Church recessed to the 4t" floor for work sessions followed by closed meeting. The closed meeting was held from 6:30 p.m. until 6:53 p.m. IN RE: WORK SESSIONS (TRAINING ROOM - 4T" FLOOR) 1. Work session to review recommended change to Fire and Rescue Department Volunteer Incentive Program (VIP) (Volunteer Chief Woody Henderson, Chairman of the VIP Board of Trustees) The work session was held from 4:17 p.m. until 5:07 p.m. In attendance for this work session were Chief Woody Henderson, Volunteer Chief Colin Gee, Volunteer Chief Laura Alexander; Rebecca Owens and Don Karnes, all members of the VIP Board of Trustees and from the Roanoke County Fire and Rescue Department: Jennifer Sexton, Chief Richard E. Burch, Jr. and Division Chief Steve Simon Chief Henderson reviewed a PowerPoint presentation, a copy of which is on file in the office of the Clerk to the Board of Supervisors. Mr. Altizer asked when the Board would be asked to evaluate the program, and could it change the results once it has been assessed with Chief Henderson responding the sheets are to be in by the 15t" of January 2011 with the payout in April 2011. Chief Henderson stated this would give the Trustees time to review. He advised the VIP Board of Trustees looks to make sure any adjustments that need to be made are made. Additionally, Chief Henderson noted small stations will have a problem achieving the calls versus the larger stations. The program was reviewed extensively and ultimately went back to the original point sheet with the addition of the ten percent (10%) with the idea that the program would be reviewed again after all of the point sheets were submitted. This program will not go into effect into 2012. Supervisor Altizer asked what would be said to the person who has 99 or 95 points out of 100. Chief Henderson responded that the VIP Board may need to review it and the total number of calls as a ceiling may have to put on the calls. Chief Henderson reiterated by no means do the Trustees want to knock anyone out of receiving their yearly benefit, if they have answered a substantial amount of calls. Chief Henderson indicated if there are 1600 calls a year and all that was mustered was three calls a year, what justification is used for giving that individual a check for $500.00 and the individual who has run 99 calls not receiving anything. Mr. Altizer stated that he agreed with that statement. Chief Henderson explained it needed to be looked at from a starting point and understands that before the changes were made, an individual could receive this September 28, 2010 365 benefit without ever being on a fire truck or being in an ambulance. The program was originally designed as an incentive to encourage volunteers to answer calls. Chief Henderson stated he feels if anyone is doing this for $500, they are in the program for the wrong reason. The program is to help the citizens of Roanoke County. Mr. Altizer asked if using the total call volume, stated he did not know what the call split was between advance life support (ALS) and basic life support (BLS) is, but stated he feels that if total calls are being used, including the ALS, there is nothing in the program that says anyone has to be certified up to the point of advanced life support. So, if a number is being used that is combined with ALS, he is of the opinion there are certain times that life support would go out on ALS, due to the two person minimum, but there may be more calls that they do not go out on. He explained if the paid staff is already on a call and there is no-one left in the station, and all you have is ALS, then those individuals do not have the opportunity to go out. Mr. Altizer stated he guessed what he was asking is using the total amount of calls the right number to be basing the percentage off of or should it be a percentage of the calls taking into consideration the difference between ALS and BLS. Chief Henderson responded by stating to answer that the best way he could would be to advise there was a policy a year ago that if an individual had a duty night, the individual would receive one point for four hours, if the individual received a call, the point was lost. So, the rules were changed so if a person is at the station on a duty night, one point would be received and another point would be received if the individual went on a call, regardless whether it is ALS or BLS. A BLS unit can run an ALS call, until another unit gets there or transport to a hospital if necessary. The program was changed to make it fair for all. If the individual is available for a call, points will be given. Under a technical rescue, all the individuals who respond will receive credit because it is a call for the particular station. Chief Henderson indicated that the program would work the same with EMS. Supervisor Altizer inquired under the existing plan could you either count so many hours for duty night or for calls, whichever benefited the individual the most? Chief Henderson stated if an individual is in the four-hour block and a call came in during the four-hour time frame, the individual would choose which points to use. Supervisor Altizer asked how many points the individual would receive for the call, with Chief Henderson answering one, but under the old plan, an individual would lose the point for actually being in-station. This was changed because there must be individuals to cover any additional calls. This program encourages individuals to come to the station to cover the next set of calls. Chief Henderson indicated that the program was looked at to determine what the two most important aspects of this program; training and answering call. The program was looked at to obtain more emphasis on having individuals being available for calls. Supervisor Altizer stated that in response to the citizen comments from the 3:00 p.m. meeting, and the complaints or concerns with the higher volume of calls that a 366 September 28, 2010 comment was made that very few would have received a benefit under this point system. He inquired how the problem escalated and would that take effective after the first year when the VIP would know what the number truly is? Chief Henderson explained that the program would probably need to be relooked at. Based on the numbers in the higher volume area, there are several volunteers that go away to college during the winter, but they run a tremendous amount of calls when home for the summer. The program may have to be relooked at and a cap placed on the number of calls. Chief Henderson reiterated again that no one wanted to exclude anyone from the program, however people were getting their incentive and not running calls, participating or helping out their communities. Chairman Church thanked all of the volunteers on behalf of the entire Board of Supervisors. Chairman Church then inquired how can the VIP Board help a person like Mr. Barry Yates? He stated that he was holding countless documents and Mr. Yates has been there every time the bell has rung. Chairman Church reiterated how can we make sure that no more Barry Yates or someone similar can fall through the cracks when they are a dedicated committed person? Chairman Church stated if this is happening, then The Board of Supervisors needs to take a look to making sure that individuals who are giving hundreds and hundreds of hours are not lost, which is counterproductive to the program. The VIP Program is there to encourage, benefit, applaud and award those who are ready and always there. Chief Henderson stated he was speaking for himself as well as on behalf of Chief Gee since this gentleman is a firefighter. He stated that Mr. Yates is very, very deserving; he deserves his incentive and he thinks Chief Gee will say the same thing. In explanation, Chief Henderson advised the only thing that the Trustees had to go on was in the pamphlet under Item I, Section 4, "Firefighters/Rescuers must be certified at minimum level within 18 months of acceptance into organization." This means a Firefighter must have Firefighter I within 18 months of acceptance into an organization; and Rescuers must have EMT-B within 18 months of acceptance into an organization. Prior to 18 months, a volunteer may earn their 80 points and incentive if they are actively working toward becoming certified. Additionally, a volunteer must remain certified at the minimum level to be eligible for the VIP program. This was a carryover from the old program. The Trustees basically had no choice. Chief Henderson stated he personally thinks he is very deserving, but you have to go by the rules and regulations and we had to say no. Chairman Church stated he did not know Mr. Yates, personally and is going strictly by his paperwork and if this situation can occur, he would suggest that the Board of Supervisors should take some steps to prevent the "Barry Yates" for example from falling through the cracks. Chief Henderson stated that this had been addressed this and an offer was made to not only Mr. Yates but several others out there to assist them by allowing them to enroll in firefighter 1 class, with no response. Chief Henderson stated the rules are there for a reason, if this deleted, it will be necessary to go back and pick up drivers September 28, 2010 367 that only want to drive an ambulance, which not why this program was created. It was created for professionalism in the Roanoke County Fire, professionalism in the Roanoke County EMS and to encourage individuals to get their EMT's, EMTI's, Firefighter 1's and Firefighter 2's. Chief Henderson stated that he was of the opinion that because Mr. Yates did not meet that criteria, regardless of how much certification he had, he fell through the cracks when he made that transfer. Additionally, Chief Henderson noted if the rule is changed for one, it will have to be changed for everyone. Chairman Church stated that he is not trying to "reinvent the wheel", but he stated he was not trying to say something about a marginal individual, i.e. only four or five calls. Chairman Church stated he is talking about "the Barry Yates", whoever they may be. He stated he felt it would behoove the Board of Supervisors to take a look, not just for one person, but in his opinion, Roanoke County should be the organization that does what is right and proper and if that means changing some things, how can you go wrong with changing to make things better? Chief Henderson stated the problem goes back as far as 1992. Since then, everyone on the fire side that is certified is in the program, and there is an academy to certify them to follow within those guidelines of 18 months. Once certified, no-one will have to go back, just the continuation of education. On the EMS side, certification is done every four years. EMS must recertify, firefighters do not as long as training is continued. Even a break in service will not change certification. Chief Henderson stated that with the rules in place, there was no choice. He stated that he understands it is difficult to accept and would like to see everyone receive the incentive. Chief Henderson stated that he had advised Chief Schoonover when it came up for discussion that his next appeal was to the Board of Supervisors because it had been taken as far as they could with the current guidelines in place Chairman Church stated that he wanted to make it clear for those present, he is not trying to make any exceptions, however, for those who have given us their heart and soul, would suggest that the Board of Supervisors take a look at whether it be one, five or fifteen. This is not a guy who shows up once every ten days. Chairman Church reiterated that any rule sometimes needed to be looked at and sometimes, it does not have to fit all situations. Supervisor Moore advised that she felt a great deal of effort had been put into the program which she had read and reread several times and the program includes the criteria, calls and duty points. Additionally, in reference to Mr. Yates, she is in agreement with Supervisor Altizer if you ran 99 calls, there are other things that can be looked at. She stated that she knew that the forms would be critiqued before submission to try and figure out a way to make sure that the points can be increased. Additionally, she noted sometimes a hard look must be given to each individual person and what they have done and what they have accomplished. Supervisor Moore stated it seemed to her in knowing what little she knows about Mr. Yates, that this is something that fell through the cracks when it came to getting his certification and apparently he did not realize that this was a requirement until it was too late and now it is way too 368 September 28, 2010 complicated to obtain it. Supervisor Moore stated she would like to see a way to take a better look at this to alleviate it from happening again. Supervisor Altizer advised he felt everyone worked very hard on this issue and on trying to come up with a fair plan, regardless of whether it is first aid or putting out a fire. He stated that he feels the Board wants to make sure that when something like this is done, the Board wants to ensure it is a level playing field. He indicated that he did have a problem with what Chief Henderson was saying versus the written information because they do not "mesh", i.e. in the pamphlet it states you "MUST" answer ten percent of the calls. The word "must" tells me and maybe tells other folks that there is no room for other considerations. Supervisor Elswick asked if another avenue could be found for a person to be recognized, obviously, the criteria is defined for VIP. If an individual does not meet the criteria, then they don't meet the criteria. Supervisor Elswick stated that a great deal of time had been taken for the development of that criteria, so it cannot be ignored. However, maybe in addition there could be another way to recognize people who put in tons of time and answer every call or a large percentage of the calls that come in. Maybe, once a year based on recommendation of the Chiefs, there are some people who did not meet this criteria, but because of exceptional performance and commitment in other ways are also deserving of recognition; a separate vehicle to reward those kinds of people could be accomplished Chief Henderson stated he felt that once the program is reviewed in 2012, it would provide the Trustees with a better idea of what is going on. The stats that are currently being used are from 2009 because 2010 is not yet available. Chief Henderson advised that he feels a reevaluation will need to be done, which will be the only way to get a good reading on it and with regard to the "must" wording which was put in there to encourage people to answer the calls, i.e. there are people within an organization that are running 300 calls on the same duty night as someone else who only ran twelve. Chief Henderson explained that he feels that is where the ten percent came from, however, if you go back and break it down per month, even if you ran 1200 calls, it is really not that many calls, you have to answer 125 calls per year, or twelve a month. Chief Henderson stated this should not be a problem with the busy stations in the County, however, if there is a small department, it would almost be impossible. The "must" thing is no more than an encouragement to get people to run calls. Chief Henderson stated he can only speak for his department, and has already put it into effect in his department and there are guys that are scrambling. He stated he had done a list last night and if the year ended today, there are about twelve individuals that would not make it. Supervisor Flora asked if the total calls listed were the total calls dispatched from that station or the total calls where a piece of equipment left the station? Chief Henderson responded that it is the total calls that were dispatched to that station from 6:00 p.m. to 6:00 a.m. Supervisor Flora then asked if there is a station that is not going out on calls then its stands to reason they are not likely to reach their September 28, 2010 369 points. Supervisor Flora then stated going back to the ten percent, if a little math is done and there are 1,000 calls that means you are running a hundred and if you have 30 members that is 3,000 points, that means if every piece of equipment that leaves that station has a minimum of three people on it and all of the participation is equally divided among all thirty people, you cannot have 30 or 40 percent of the people running most of the calls, because that knocks out everyone else. Supervisor Flora stated it seems like the math, although idealistic is not practical. He further stated that he feels some probabilities need to be calculated on that and see if it really stands up to the test; it might be high. Chief Henderson stated when you look at our station for 2009 the number was 210, that means everyone has to run 20 calls, it doesn't mean that every person has to come in on every call, but has to pick up 30 calls during that year. Chief Henderson stated he thought there might be some misconceptions. If there is a station that has 43 calls, 4.3 calls would need to be run for the whole year, but this same little company actually ran anywhere from 40 to 50 percent of their calls, so if you run over, you still count it. Supervisor Flora stated he understands that every call does not have to be run, just ten percent (10%) percent. He added, however, it depends on how many members you have. For example, if you are only running 40 calls a year and you have 30 members, you cannot get that many people into the station. Chief Henderson replied that is correct, but that station is running 43 calls and probably does not have but about ten members. Supervisor Moore stated that based on the chart in the agenda package that breaks down the calls per station, Cave Spring has 412 fire calls, which is 41 calls that they have to go on. The rescue calls would probably be a better strategic number to use, 112 calls; you could get ten calls on the week-end, if a person came in. Chief Henderson replied that according to the other sheet in the package, if everyone responded to the Cave Spring fire calls, every one of their members would have met ten percent. On Cave Spring rescue, it is a little different, because Chief Alexander has some college students that run a tremendous amount of calls and they are gone from August to May or June. Chief Alexander stated that some of that analysis was used when looking back at call volumes for 2009, 2008 and 2007. She stated that when looking at VIP points that were submitted and looking at ten percent of those and in 2009, 37 good standing, VIP members were submitted, and under the ten percent equation, 25 of those 37 would be disqualified. Additionally, so far for 2010, out of Cave Spring rescue, 18 out of the active 45 members would receive the incentive and everyone else would be disqualified. She advised that 14 people right now are on academic leave for college, however, they run over their holidays and summers, but they are not going to achieve the ten percent because of high call volume. Furthermore, Chief Alexander noted that high school students are required to leave at 11:00 p.m. at night, that changes when you are running five out of the twelve hours on any given shift and even 370 September 28, 2010 though they are good volunteers for what they can commit to, they probably will not reach ten percent. Chairman Church suggested that the Board agree to review from the perspective that if it means to help an individual like Mr. Yates or anyone else similar, he felt it was necessary. He further indicated that he felt you could not take someone that has been working for you seven or eight years, doing the job and they are going overboard and that person happens to fall through the cracks and goes by the wayside and maybe a younger person in service happens to be in there for a while, can only do half the job. Chairman Church reiterated his point by stating if you have a person with dedication that needs to be considered as in this situation, it needs to be corrected. Chairman Church stated in his opinion the Board is here to help or attempt to help these situations positively, encourage participation and keep growing positively as has been happening ever since all of this Board has been serving. He further stated that he feels the Board should take another look at a couple of criteria, along with the ten percent and not recreate the entire program, but try and find how we can help those people most deserving. Supervisor Altizer stated that the Board needs to look after the best way of spending money and try to correct it so that the people that do not deserve do not get it. Supervisor Altizer advised that it is his feeling that the Trustees have done a great job and thinks the problem is in the numbers. Supervisor Altizer reiterated that he wanted to make sure that the people that ordinarily dedicate the time and show up consistently are being rewarded and that a monster is not being created that will push them out the door. He stated the Board wants to make sure that the correct number is obtained. Supervisor Flora stated that he wanted to add that he does not disagree with the ten percent. He advised that he was in Hollins for five years before he left town and volunteers are there to run calls. He explained that they are not there to collect points and they are not there to get $500 when they pass go; they want to run calls. Supervisor Flora expressed his concern is you might be getting them into the station, but once you get them into the station and they are unable to run a call, eventually they are going to sit at home when they are not running their duty hours; it is a two-edged sword. Supervisor Flora stated he thinks the incentive should be there, the Board sits here and wants to make everybody happy, we want to wear the white hat and we want to make sure that everyone leaves with a smile on their face, but the fact is that this is an incentive program, and it is not intended to help 100 percent of everybody. He further advised it is intended to help those who are doing the job and doing it well, exceptionally well. Mr. Goodman stated that since he started this and has not been involved in the conversation, he will sit down and work with the VIP Trustees and try to see what can be done, working together with the Chief and the Volunteer Chiefs, Captains, etc. to address the concerns of the Board and the other concerns and still be objective for the program. Mr. Goodman stated that he believes by working together and by becoming a little more involved all of the issues can be worked out. September 28, 2010 371 2. Work session on ridgeline protection and Blue Ridge Parkway protection (Paul M. Mahoney, County Attorney) The work session was held from 5:14 p.m. until 6:01 p.m. Paul Mahoney and David Holladay were in attendance for this work session. Mr. Mahoney outlined that Mr. Elswick had requested a work session to consider some of the initiatives that the County has taken with respect to ridgeline protection and protecting some of the view sheds around the Blue Ridge Parkway. Mr. Mahoney advised that with the assistance of Mr. Holiday, the relooked at some of the work that was done going back to 1995 with some of the citizens committees that the Board had appointed to assist in the "visioning" process as part of the review and update of the County's comprehensive plan. Mr. Mahoney stated that with David's help, the second paragraph in the Board report talked about what this citizen's committee did and some of the conclusions that the citizens group came up with, really focusing on ridgeline protection and also protecting some of the view sheds of the Blue Ridge Parkway. Additionally, Mr. Mahoney reminded the Board, back in 2003, 2004, 2005 during which time several of the current members were on the Board and the Board held a series of annual retreats where the focus was on some of the long range goals that needed to be addressed with the County staff and the idea of the retreat was to get away from specific or detailed issues that were dealt with every bi-monthly meeting, and to take a long range view. During those retreats, the Board looked at those recommendations from the citizens committees as part of that visioning statement and the Board discussed and debated a variety of initiatives dealing with reducing zoning densities, limited steep slope development, looking at cluster ordinances and some development guidelines for ridgeline development. At that time, the Board was also concerned about some clear-cutting issues where folks would come in and just chop down all the trees for a couple of hundred acres of land and also stormwater management. Mr. Mahoney stated that as a result, the Board did undertake a series of steps to implement some of those citizen recommendations arising out of that visioning process that began in the mid and late 1990's and the Board did include in the comprehensive plan references to many of those initiatives and incorporated through several ordinance amendments different approaches to try to address those issues. Mr. Mahoney explained that it was his recollection that the Board struggled with ridgeline protection in the sense that as a topic, it is like "motherhood and apple pie", everybody likes ridgeline protection. He explained that it is only when the Board got into the details of looking at different properties and making decisions to tell landowners, yes or no you can or cannot build your home on the top of that ridge that the Board struggled with some of the constitutional concerns about taking private property for public purposes, some of the 5t" amendment takings issues, how you can tell property owners that they cannot make a legitimate use of their property and some difficulty really looking at some 372 September 28, 2010 specific provisions to restrict that kind of development. Mr. Mahoney then advised at that point in time, the Board wanted to and did amend the comprehensive plan, to speak to ridgeline protection, indicating in the comprehensive plan that instead of putting out a blanket ordinance, the Board wanted to look at various development proposals on a case by case basis as people sought rezoning for development and then the Board would have an opportunity to look at on a case by case basis what would be done or what could be done with a very specific part of the property. Mr. Mahoney stated that he felt that this has worked to some extent as Mr. Holiday has shown to me, when the Board was looking at some of the zoning activities with respect to Explore Park and there was an analysis done by staff of critical view sheds and some of the conditions, some of the proffers, and some of the regulations that were part of that Explore Park ordinance addressed some of those critical view shed issues. He advised that he also thought this worked when the work was done with Vinton in the industrial park next to Montgomery Village and with Cardinal Glass. Mr. Mahoney also advised that the Board worked on a case by case basis with making sure that additional screening and buffering was installed in that development to shield or buffer the industrial development from the Parkway and that critical view shed. Mr. Mahoney also stated that he was of the opinion that when Radford came in to do the Mason's Crest development, there was an identification of a piece of land which was within a critical view shed of the Blue Ridge Parkway. As a result, Radford's made a donation of that piece of land to the Parkway to the federal government, which was in the critical view shed. Mr. Mahoney stated that it is his opinion the Board has attempted to enforce or apply some of those view shed protection and ridgeline protection concepts in its analysis of various case by case developments. Next, Mr. Mahoney advised with respect to steep slope development, the Board adopted an ordinance to try to address steep slope development. Additionally, Mr. Mahoney stated he thinks the Board is not looking at a flat out ban on any kind of development on a ridgeline, but rather have an applicant provide a geotechnical engineering investigation, submit design criteria and engineering reports that would once again be tailored for that specific development. Furthermore, he stated the Board adopted an ordinance that is included in the Erosion and Sediment Control chapter and that ordinance addresses a variety of those different elements of what a developer would have to do when he or she wants to come in and put a development on a steep slope. Mr. Mahoney stated that he had provided copies of the State enabling legislation, Section 15.2 2295.1 that provides specific authority for localities to regulate a mountain ridge construction. Additionally, Mr. Mahoney detailed that staff had looked at what several other localities have done in the Commonwealth with respect to this topic. Mr. Mahoney stated that part of what he hoped would come out of this work session would be some indication from the Board as to the direction the Board wants the staff to go with respect to this topic. Mr. Mahoney explained that if there is some clear direction and some marching orders that the Board wants us to take, it is his recommendation to perhaps schedule a future work session and invite the Planning Commission to join you. The Planning Commission has been doing some September 28, 2010 373 work in this area and Mr. Mahoney stated he feels a constructive meeting could be done with the Planning Commission and provide some ideas and guidance to both the staff and to the Commission with respect to some of the Board's goals in this area. He further added that David Holladay has done a tremendous amount of research work to assist him with this endeavor. Supervisor Elswick advised that he wanted to explain why he requested the work session. He advised that there were a couple of reasons, first, a citizen sent him the report which is the vision statement that came from a survey that was by a 200 citizen panel who provided a very extensive effort by citizens as to what they thought the Valley should look like in 2010, and based on that he was curious as to what has been done? How much has been incorporated? How has the County responded to what citizens asked for? Second, the President of the Common Sense commented to him that this was the kind of thing that Common Sense was founded for and one of the main purposes of the Common Sense organization was to solicit citizen comments and to conduct a survey of all County citizens as to what they think the County ought to be doing, what is expected of the Board's position, what are the negatives, what are the recommendations from citizens as to how well the County is doing its job in responding to their needs. Additionally, Supervisor Elswick noted that he has been participating in the Blue Ridge Parkway celebrations recently and to him the Parkway is very important as well as Explore Park, which in his opinion ought to stay the way it is. He stated that he thinks the County should severely limit development along the Parkway and even though on a case by case basis we might have been trying to do the right thing, it you look at some of the developments, like Cotton hill, that are close to the Parkway, it does not appear that everything has been done to protect the view from the Parkway. Supervisor Elswick then quoted from the vision statement, "the mountains provide an element of beauty and relief that attracts tourist, sport enthusiasts, residents, and businesses." "the location of rural countryside, the Blue Ridge Parkway and Appalachian Trail without borders are sources of local pride and stewardship." Mr. Elswick commented that the word stewardship is important to him because he will not be around twenty years from now and the people who will be around in the future need to be able to look at our mountains and our Parkways, Explore Park and enjoy these areas in the same way that we do and protect them to the maximum extent possible. Quoting again, he stated "Critical components of the County's high quality of life of the adopted environmentally sound road policies that have been integrated with the preservation of natural, scientific and historic resources." "County residents value and act as stewards of the regions beautiful mountains, forests, rivers and streams, fresh air and abundant wildlife." Supervisor Elswick stated that in this county, we are lucky to have streams that are the highest classification in the State; there are only 33 streams in the State that are called Class Three and have native trout in them. Next, Supervisor Elswick quoted from the State regulations, "The State will define our mountains being 2,000 feet or more as protected mountain ridges", that is the State definition that you handed out and that "determinations by the governing body of heights and elevations 374 September 28, 2010 under this section shall be conclusive." Supervisor Elswick then pointed out, Roanoke County has the authority and with citizens desiring our mountains to be protected, he just wants to make sure that Roanoke County does everything that it can to respond to the desires of the citizens. Supervisor Elswick stated that it is his opinion that discussion and an additional work session is important; including input from citizens and other organizations which are important and should be listened to. Supervisor Altizer stated he thinks there are three supervisors who were on the Board when this issue was first addressed and an attempt was made to accomplish what was needed by "not brushing with a broad brush." He stated an attempt was made to try to identify where changes could be made to the best benefit of all. Supervisor Altizer commented that he thinks he has had the most projects in his district that is bound by the Parkway in the last four or five years. The rezoning of Explore Park and the protection work with Gary Johnson and Phil Francis and bringing them into the process to determine what the development would look like and where they wanted things and where they did not wants things in the view shed. This was accomplished. Supervisor Altizer indicated the same process was done with Cardinal Glass, i.e. extra buffering, colors, etc. Supervisor Altizer stated that at the time the Board thought Roanoke County could do the best amount of good in preserving these areas by taking everything on a case by case basis. Additionally, he advised at the top of Toddsbury Circle, which is probably 2500 feet of elevation, a very beautiful home has been built on the top of that mountain; built by the guidelines established back in 2006. Additionally, Supervisor Altizer stated he understands the gentleman from Bent Mountain and what people perceive and what actually happens, however, one thing that needs to be kept in mind is the valleys and mountains belong to everyone here in this valley to share. He stated they also belong to individuals and when you get into property rights and what people are allowed to do with their properties, the Board has in the past tried to balance the price of keeping and protecting people's property rights with trying to keep the steep slopes and put in things that make sense on a case by case basis. Supervisor Altizer then questioned Mr. Holladay were there were any projects that have really been controversial because of the definitions of what we required. David Holladay responded to Supervisor Altizer by stating there were none that he could think of and the only project that comes to mind that is a feather in everyone's cap is the protection of the Bonsack side of Reed Mountain, which came about as sort of acitizen-driven initiative and the mountain was saved with some guidance from the Board of Supervisors. Additionally in 1995 when they denied a request for a tower on top of the mountain, no electricity was ever put up there and the Board made the statement at the time that this was a fairly significant, however, the Board would like to do something and assist if possible, but again it was a case by case, individual basis. Mr. Holladay stated in the mid to late 2000's there were two significant properties that went into conservation easements and were ultimately donated to the County as a mountain park and now there is a trail that can be hiked from the Bonsack September 28, 2010 375 side along the top and there is an easement to go on another private part of that property, but it is a wonderful achievement of mountain-side protection that took a completely different outlook. Mr. Holiday then stated in answer to Supervisor Altizer's question, he did not know of any particular development projects that have caused the Board to come back and revisit these things. Supervisor Altizer stated that he thinks that the Board put things in perspective and did a great job. He stated he feels the Board has done the right things, no doubt based on the dialog that has previously taken place when anything comes up in the view shed that the Parkway believes is going to be a hindrance to the view that they have. He stated he believes they are going to come to the County and discuss this just as they have in the past. Supervisor Altizer stated that from his standpoint, he is in the same place he was in 2005; there is a way to do things without painting with wide brush. Additionally, he stated that he feels the things that have already put into effect work and thinks people's property rights are being protected and anything else could be construed as an unfair taking of their land. Supervisor Altizer summed up his thoughts by stating he feels the County is trying to do the prudent thing and respect property rights at the same time. Supervisor Moore stated both sides of the issue should be looked at. For example, Clearbrook Mountain is a prime example. The mountain was completely mauled and stripped and is located on a main thoroughfare; everyone that comes into Roanoke and to Greensboro can see what was done. She explained that this was private property and there was not a thing that the County could do. Supervisor Moore reiterated that every location cannot be fixed. She further stated that Roanoke County needs to be sensitive to the Parkway and take it on a case by case basis. Supervisor Moore stated she cannot think of any other way that it could be approached. Supervisor Flora stated he happens to be a very strong property rights person, as he grew up in a rural environment in Roanoke County and enjoys an even more rural environment across the mountain. He stated that it is his opinion; developments have been overregulated in Roanoke County. He indicated he knows it was all for the good and with an honorable purpose. However, the government has the power to do these types of things; regulate and control development, but when government goes beyond that reasonable control and begins to take away the rights of the property owners to the point that they have lost most of their beneficial rights to that property, government has gone too far. Supervisor Flora indicated that his concern was that this is an issue that can very easily be stepped across and could be an incredible slippery slope for Roanoke County. He further stated that he thinks Roanoke County has done an admirable job, almost every development that has come forward since most of the Board has been here, has been looked at and view sheds protected because the property owners volunteered to do it; they were encouraged and then they themselves took the initiative to make it happen. Supervisor Flora stated he thinks the process right now is working and is receiving good results; the view sheds of the Parkway have been protected, regulations have been created that does not allow 376 September 28, 2010 development on an incredibly steep slope and if they do, they have to jump through a lot of hoops. Supervisor Flora stated that it was his opinion that the process was not broken. Supervisor Elswick commented that he feels the same way with regard to property rights; he detests them. He further explained that a citizen is told that they have to have 200 feet of road-front property before a house can be built, that is more onerous than saying you cannot put a tall structure on top of a ridgeline that exceeds 125 feet. Supervisor Elswick that that it is his opinion that the County has probably regulated too much. He further stated that he hates eminent domain and he hates government imposition on people's property rights, but on the other hand, there are a lot of other people who live in the valley and like to look at mountains and it is not a big imposition on anybody's property rights. He further indicated that it doesn't affect whether they can build a house, whether they can ride their horse on a trail, whether they can have walking trails and allow their neighbors to come and walk through their woods. He commented by saying simply that you cannot have a tall structure over 100 feet, 125 feet on any ridgeline is not really impacting property rights to any large extent. Further he explained the State specifically says that counties have the authority to determine the heights of structures on protected mountain ridges, which ours are. Supervisor Elswick indicated that he thought the Board should forget the fact that it may have gone too far with some of the regulations in terms of usurping people's property rights. He stated if the Board decided to limit the height of structures on ridgelines, it really would not impact anybody's property rights to the large extent and it would respond greatly to the people who did this study. Chairman Church stated his position is the County is dangerously treading into some legal rapid water by approaching anything of this importance in an extremely quick manner. He further commented that the Board has to be deliberate, methodical and totally encompassing in all aspects because we are looking at Roanoke County. He explained that Roanoke County has a lot of ridge tops and a lot of mountains in the area, which he feels is most beautiful part of our valley. Chairman Church indicated that he totally understands, but feels the need for deliberations and assurance than any direct action that is taken does not create the flip site of the legal. Additionally, he noted there is one side to incur the wrath of property owners; it is another side to have staff, our Board and our legal department in a spider web. He stated he sees both sides, but feels if it is to be looked at, if it is to be reevaluated, caution is necessary and nothing can be overlooked. He explained that this is not an easy process and cannot happen overnight. Chairman Church explained that his point is that this is a huge encompassing area and thinks the Board needs to drive slow and make sure it is really going in the right direction. Supervisor Elswick stated that he thinks because of the survey and because citizens are asking for ridge top protection he wants to make sure that request is responded to, no matter how it is done. He stated he feels based on the legal requirements as defined as what we can and cannot do and the actions of other September 28, 2010 377 localities that the Board needs to ask ourselves if we going to respond to these people, are we going to enact an ordinance, or are we not? He stated that in his mind, it is very simple. Supervisor Elswick stated another work session can be held to talk about it, but it is our decision to make. He asked, "Do we address the issue of the height of structures on our ridge tops or do we not." He stated that he proposes that the Board have an additional work session to discuss. Supervisor Altizer made the comment that no vote can be taken in work session, but the Board can come to consensus. He further stated that he thinks the Board has responded in the past and he sees no reason to go to ridge top protection as it was looked at in 2003, 2004, and 2005. He commented that it was the Board's decision at that time, to go with a slow pace, do it one by one as things come before the Board. Supervisor Altizer stated that he is still in favor of that as the system is not broken. He further commented it is his opinion that if it is the consensus of the Board, then have a work session with the planning commission, however, if the Board is not planning to move forward, he thinks there is no sense in wasting the time of the planning commission. Supervisor Altizer then questioned Mr. Mahoney regarding his interpretation of what the State codes allow with regard to localities and cell towers that are 150 feet tall. Mr. Mahoney indicated that Mr. Altizer's interpretation was correct, but at the same time, the existing County's ordinance in all of our zoning districts has a height limitation; there are some exceptions to those height limits, cell towers obviously being one and there are also methods by which through special use permit, height limits for certain kinds of uses and activities can go above whatever the uniform general height limit is. Mr. Mahoney explained that each district has different height limits. He indicated the statute that was provided to the Board has some pretty broad, carve-out exceptions, and it is his opinion that it will depend on how detailed and how specific you want to be as to whether or not this enabling legislation would apply to certain kinds of uses. Supervisor Flora stated as he mentally surveys the higher elevations around the valley, they are pretty much residential or agricultural. He advised that he does not think the County has any industrial or commercial districts that fit into that higher elevation category. Additionally, he added that if that is the case, then if anyone wants to do anything that goes above 45 or 50 feet, they are going to have to come to the County for either a conditional use permit, special exception permit or something. Supervisor Elswick then asked "so it is already taken care of?" with Supervisor Flora responding that it seems to him that the County has already done what Supervisor Elswick is requesting, with Supervisor Elswick responded that it appears to be. Chairman Church stated that the Board has known what Supervisor Flora was saying, however, it was his opinion that the matter regarding the regulations be referred to legal counsel. He stated that he had given his opinion in a very careful way because there is always a potential possibility sometime in the future. 378 September 28, 2010 Supervisor Elswick then asked if anything else can be done for the Parkway and areas near that and is there anything Roanoke County can do in terms of defining additional protection for areas viewed from the Parkway? Mr. Mahoney responded by stating the comprehensive plans have identified most if not all of the critical view sheds. He further stated that again, on a case by case basis, these issues can be addressed. Mr. Mahoney advised there were a couple of areas that might present difficultly. He detailed where the Parkway is in close proximity to Rt. 220 and in the eastern part of the County where it is in close proximity Rt. 460, these are different situations. He explained most of the areas are probably surrounded by AG3 and there are some areas clearly in Mr. Altizer's district, residential. Mr. Mahoney indicated that by identifying the view sheds approaching on a case by case basis, they can be addressed by the big new developments. However, he cautioned if a homeowner owns an existing piece of land right on the Parkway and wants to paint it pink polkadot purple, the County cannot stop that. Mr. Holladay explained the view sheds that were identified were done during the mid to late 90's through the windshield, driving and walking surveys of what can be see in your immediate view, certain areas along the Roanoke County stretch of the Parkway, but what is currently in place is the ability of doing some digital elevation modeling where a potential structure can be looked at from a certain height and certain location and see what it is going to look like in all different areas along the Parkway. This is what the Parks Service has the capability of now and the County has this capability to do those kinds of things as well. Mr. Holliday stated in regard to the cell tower companies, staff requires them to do that same thing. Mr. Holladay notes that this process does not take into consideration every tree, but it does take into consideration slopes, etc. This procedure was used with Explore Park. Mr. Holladay advised that it is his opinion that this procedure provides staff with a better way to look at impacts of development. Supervisor Moore indicated that Mr. Holladay has a good point; however, she still feels that because a lot of land is private property, the County will be unable to do anything because of the County's inability to have control. She then pointed out that everything that could be done, such as speaking with the developers and adding proffers, as needed, to protect these view sheds. Supervisor Elswick commented that he is really sensitive, because being from eastern Kentucky and he can no longer show his children the mountains he roamed as a child. He indicated that he thinks 50 years from now, on our case by case basis, allowing developments like Cotton Hill will result in the same situation in Roanoke County. Additionally, he is of the opinion that in the case of Rt. 220 and Rt. 460, there is going to be development, but thinks Roanoke County ought to do its best to protect those areas. Supervisor Flora commented that short of buying the land, he feels the Board is working with the best possible alternative. Chairman Church stated that the Board is at a point where these things September 28, 2010 379 need to done in the proper way and arrive at consensus. He further added that recognition needs to be made for what Roanoke County has and to handle it on a case by case basis when it comes to that. Supervisor Elswick asked if any of the Board members objected to a work session with the planning committee to get others input or should it be shelved? Chairman Church indicated that he never had a problem with meeting anyone. Supervisor Flora inquired whether any of the comprehensive plans were being worked on or was staff working on the small overlay areas? Mr. Holladay indicated that one of the things that the planning commission wants to do is evaluate those vision statements because they are really the first section of our comprehensive plan, other than legislative, when this comprehensive plan takes place, the next section is those vision statements from 1995. These are overarching goals to all of the other goals and objectives and they have directed a lot of the work that has been done over the past ten years. Supervisor Flora inquired whether or not staff was going to take that section or that chapter and send it, or would they be reviewed chapter by chapter or are they going to try to do the whole bundle and bring uptodate? Mr. Holladay advised that staff would just be looking at vision statements. Supervisor Flora indicated that perhaps when this is done and before it goes through the public hearing process, maybe the Board can sit down with the planning commission. Mr. Holladay indicated with these area plans, staff is taking small and big chunks of the County and amending the comprehensive plan based on a more focused view of that particular area, but if you take the Glenvar area, for example, it is a large chunk of Western Roanoke County. That area will be put together in different stages. Supervisor Flora commented that when the work is completed and before the public hearing process might be the time to discuss encouraging conservation areas along the Parkway as they relate to our comprehensive plan. 3. Work session to review financial and budget information for the County of Roanoke (Rebecca Owens, Director of Finance; Brent Robertson, Director of Management and Budget This work session was held from 6:02 p.m. until 6:20 p.m. Staff in attendance for the work sessions were Pete Haislip, Brent Robertson, Paul Mahoney, Diane Hyatt, Dan O'Donnell, Rebecca Owens, Richard Burch, Kevin Hutchins, Holly Salvatore, Jimmy Lyons, Doug Chittum, Joe Sgroi, Anita Hassell, Ray Lavinder, Marcus Ordonez, Diane Rosapepe, Billy Driver, Joey Stump, Laurie Gearhart, B. Clayton Goodman, III, Jennifer Sexton, Teresa Hamilton Hall and Deborah Jacks. Cody Lowe from the Roanoke Times was also present. 380 September 28, 2010 Rebecca Owens provided the Board with a PowerPoint presentation, a copy of which is on file in the office of the Clerk to the Board of Supervisors. Due to time constraints, it was the consensus of the Board to postpone the remainder of the work session to the Board Meeting to be held on October 12, 2010. IN RE: CERTIFICATION RESOLUTION At 7:00 p.m. Chairman Church called the meeting back into open session. RESOLUTION 092810-4 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 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 exempt 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. The petition of Bobby B. Twine to rezone 6.54 acres from AR, Agricultural/Residential, District to AV, Agricultural/Village Center, District and to obtain a special use permit for the purpose of operating a construction yard, located at the intersection of Twine Hollow Road and Meacham Road, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) September 28, 2010 381 Mr. Thompson outlined that the original rezoning request was for 5.892 acres and at a community meeting in July and public hearing meeting in August there were citizen concerns regarding the traffic on Meacham Road. The request was changed to the current 6.54 acres and a public hearing was held on September 7, 2010 with no citizen disputes and was approved by a vote of four to zero with three conditions. Supervisor Elswick inquired whether there was some type of bonding required in order to make sure the conditions were met. Mr. Thompson explained that there will be conditions on the site plan that will need to be met before a certificate of occupancy is issued. Mr. Thompson further explained the original issue was with traffic, but has been worked out as a result of citizen concerns. Supervisor Elswick then asked if they would be diesel fuel storage with Mr. Thompson responding that there would be no storage tanks, just storage of equipment. Chairman Church asked Mr. Thompson to define exactly what the problem was originally. Mr. Thompson explained that the original rezoning request was from A4 to 12 and the problem was not with the construction yard, but because of the zoning requirements the public access would have been off Meacham road and citizens were concerned with the traffic flow. Mr. Thompson indicated that with the change, the access is now off Twine Hollow Road which has no traffic issues. Chairman Church than asked Mr. Thompson to define a construction yard with Mr. Thompson stating the proposed use is a construction yard for the storage of paving equipment incidental to Mr. Twine's paving business. Chairman Church then asked if Mr. Twine was proposing any outside storage, with Mr. Thompson responding no. Chairman Church Altizer indicated that the proffered conditions have changed from 8-5 to 7-7, which is more in line with the operations, which Mr. Thompson responded was correct. Chairman Church asked Mr. Twine if he was committed to the three proffered conditions with Mr. Twine responding affirmatively. Chairman Church then asked if Mr. Twine handles snow removal, with Mr. Twine responding affirmatively. Supervisor Elswick asked if the only items that would be stored would be four trucks, with Mr. Twine responding there would be four trucks and trailers and a couple of backhoes. ORDINANCE 092810-5 REZONING 6.54 ACRES FROM AR, AGRICULTURAL/RESIDENTIAL DISTRICT, TO AV, AGRICULTURAL/ VILLAGE CENTER DISTRICT, AND TO OBTAIN A SPECIAL USE PERMIT FOR THE PURPOSE OF OPERATING A CONSTRUCTION YARD LOCATED AT THE INTERSECTION OF TWINE HOLLOW ROAD AND MEACHAM ROAD, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO. 63.04-3-56), UPON THE APPLICATION OF BOBBY TWINE 382 September 28, 2010 WHEREAS, the first reading of this ordinance was held on July 27, 2010, and the second reading and public hearing were held September 28, 2010; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 3, 2010, and September 7, 2010; and WHEREAS, legal notice and advertisement has been provided as required by I aw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 6.54 acres, as described herein, and located at the intersection of Twine Hollow Road and Meacham Road (Tax Map Number 63.04-3-56) in the Catawba Magisterial District, is hereby changed from the zoning classification of AR, Agricultural/Residential District, to the zoning classification of AV, Agricultural/Village Center District. 2. That this action is taken upon the application of Bobby Twine. 3. That the Board finds that the granting of a special use permit to Bobby Twine for the purpose of operating a construction yard located at the above mentioned location in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The site shall be developed in general conformance with the concept plan prepared by Abbott Engineering and Surveying, dated September 1, 2010, and shall include a Type "A" Buffer. (2) The hours of operation shall be from 7 a.m. to 7 p.m., Monday through Friday, except for emergency service operations such as snow removal. (3) There shall be no outside storage of materials or equipment. (4) That said real estate is more fully described as follows: Being 6.54 acres of real estate located at the intersection of Twine Hollow Road and Meacham Road and further described as Tax Map No. 63.04-3-56. (5) That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Chairman Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church September 28, 2010 383 NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore thanked Nancy Hans and Arlene Murphy for helping to bring to the prevention council "Rachel's Challenge". Supervisor Moore advised that Rachel Scott was the first teenager that was shot during the Columbine shooting and her challenge was discovered six weeks before her death. This challenge started a chain-reaction all over the world of kindness. Her father and her brother have continued that challenge and they came to the Roanoke Valley last week. It was an incredible event and the message was of forgiveness and kindness and to spread it along. Supervisor Moore just wanted to recognize her and thanked Nancy and Arlene for bringing it. Supervisor Flora advised that he had already spoken with Mr. Goodman about the situation on Springer Road and it is an issue with the economy, foreclosures, that are dealt with unfortunately too often. The grass needs moving and there is an unattended swimming pool. Supervisor Flora stated that it is his understanding that the Health Department is taking care of the swimming pool and Mr. Goodman has advised that the grass, for the second time, is on the list to be mowed. The second issue is with Clearwater Drive and Summerdean. Supervisor Flora indicated that he had received two emails early this morning from residents of this area, which have been responded to. Supervisor Flora explained that some work was done, either by the water authority and/or the gas company and after that work was done, the roads were not repaired appropriately. Mr. Flora indicated that the residents were advised by VDOT that this road would be paved, once the work was complete. He stated that he telephoned VDOT today and as you can image, he did not get to talk to anyone, but got to talk to a machine, several times. Supervisor Flora stated he had left a message with Dan Collins, but asked that Mr. Goodman would follow-up with the water authority, the gas company and VDOT to see if something cannot be done before cold weather. Supervisor Flora also wanted to "ditto" Ms. Moore's comments concerning "Rachel's Challenge". Supervisor Flora explained that if the description of what one young lady could be like, she was the epitome of kindness and friendship. Supervisor Elswick wanted to make sure that everyone was aware that a decision would be made on the Bent Mountain school facility. Supervisor Elswick stated that the School Board indicated it could be turned over to the community, but obviously the Board of Supervisors will need to be involved. Discussion will be held on this at a later date. 384 September 28, 2010 IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 7:20 p.m. S miffed by: Approved by: De orah C. Ja s Josep B. "Butch" Church Deputy Clerk to the Board Chairman J 1