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HomeMy WebLinkAbout12/14/2010 - RegularDecember 14, 2010 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the only regularly scheduled meeting of the month of December 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 was taken. Chairman Church called the meeting to order at 3:00 p.m. The roll call 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; Diane D. Hyatt, Assistant County Administrator; Joseph B. Obenshain, Senior Assistant County Attorney; Deborah C. Jacks, Clerk to the Board IN RE: OPENING CEREMONIES The invocation was given by Pastor Pete Schemm of Cave Spring Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Church added an agenda item under New Business to discuss granting an additional Christmas Holiday on Thursday, December 23, 2010. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Dr. Betty R. McCrary, Director 450 December 14, 2010 of Social Services, upon her retirement after more than thirty - seven years of service Dr. Betty McCrary and her husband Rick were in attendance to accept her resolution and receive a Roanoke County quilt. Joyce Earl who will be the new Director of Social Services was also in attendance. All Supervisors thanked Dr. McCrary for her service. RESOLUTION 121410 -1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DR. BETTY R. MCCRARY, DIRECTOR OF SOCIAL SERVICES, UPON HER RETIREMENT AFTER MORE THAN THIRTY -SEVEN YEARS OF SERVICE WHEREAS, Betty R. McCrary was hired on September 10, 1973, as a social worker for the Roanoke County Department of Social Services and was promoted to Supervisor on July 1, 1977; on February 1, 1992, she was promoted to her current position as Director of Social Services; and WHEREAS, Dr. McCrary will retire on January 1, 2011, after thirty -seven years and three months of devoted, faithful and expert service with the County always promoting the preservation of families, individual self- sufficiency and permanence for children; and WHEREAS, during her time serving Roanoke County's Department of Social Services, Dr. McCrary has provided clinical counseling for The Manassas Group, has been licensed as a Professional Counselor and Marriage and Family Therapist, has become certified by the Supreme Court of Virginia as a Juvenile and Domestic Relations and Circuit Court Family Mediator, has served on the Board of Directors for Youth Haven I, II and Sanctuary, has served on the Roanoke County and City of Salem Community Policy and Management Team, served as the Piedmont Regional Coordinator for Welfare Reform Initiative for the Virginia Department of Social Services, was elected to The Blue Ridge Institute for Southern Community Services Executives, served on the Child Welfare Advisory Committee for the Virginia Department of Social Services, served on the Board of Directors of the Conflict Resolution Center, served as trainer /consultant for Cardinal Justice Academy, the Court Appointed Special Advocate Program and for the Virginia Department of Social Services and other professional groups and enthusiastically collaborated with community and State partners in the development of innovative services and program for individuals and families; and WHEREAS, in 1990 Dr. McCrary received the National Association of Counties Achievement Award for development of the Custody Mediation Program for Roanoke County Juvenile and Domestic Relations Court; and WHEREAS, in 2008 received the Salem Kiwanis Humanitarian of the Year. December 14, 2010 451 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DR. BETTY R. McCRARY for more than thirty -seven years of capable, loyal and dedicated service to the citizens and staff of Roanoke County and the City of Salem; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 2. Recognition of the Fire and Rescue Department for receiving the 2010 Governor's Award for Outstanding Emergency Medical Services (EMS) Agency (Richard E. Burch, Jr., Chief of Fire and Rescue) In attendance for recognition were the following Fire and Rescue personnel: Division Chief Dustin Campbell; EMS Battalion Chief Billy Duff; EMS Captains Barry Hurley, Jeff Lawson and Craig Robertson; Battalion Chief Tom Bier; Captain Regan Underwood; FF /EMT Kevin McGiney; FF /EMT Paul Kipley;FF /EMT Kevin Harbour; Paramedic /FF Kenneth Malloch. Also in attendance was Rob Logan, the Executive Director of Western Virginia Emergency Medical Council, who spoke of his high regard for the EMS Department and their leadership. Chief Burch stated he was extremely proud of his EMS personnel and remarked this award was recognition of their administrative procedures, patient care, relationships with hospitals, both locally and in surrounding counties. All Supervisors congratulations the EMS group for a job well done. 3. Recognition of the Department of Economic Development for being designated as an Accredited Economic Development Organization (AEDO) by the International Economic Development Council (IEDC) (Douglas Chittum, Director of Economic Development) Mr. Chittum gave a brief explanation of this accreditation. All Supervisors thanked Mr. Chittum and his department for their dedication and hard work. IN RE: BRIEFINGS 452 December 14, 2010 1. Briefing on the results of the 2011 Real Estate Valuation general reassessments (Billy Driver, Director of Real Estate Valuation) Mr. Driver gave a PowerPoint presentation describing the results of the 2011 real estate valuation general reassessments. A copy of this presentation is on file in the office of the Clerk to the Board of Supervisors, Supervisor Elswick advised an article in the newspaper stated the State requires residences to be assessed at one hundred percent of market value. He further stated that he believes Roanoke County is at ninety -three percent (93 %). Mr. Driver responded in the affirmative clarifying it was Roanoke County's recent 2009 preliminary from the State Department of Taxation, which indicated that the County was at ninety -three percent (93 %). Supervisor Elswick asked "are we breaking the law because we are not one hundred percent (100 %) ?" Mr. Driver indicated Roanoke County is close to the one hundred percent for our locality and if you look at statistics Roanoke County would be at one hundred percent in most cases. Mr. Driver further explained staff is working on historical data, and if you were over one hundred percent, there would be a lot of assessments over that and basically he feels there would be more problems with being over one hundred percent (100 %) than at ninety -three percent (93 %). Mr. Elswick responded that Mr. Driver had "lost" him and asked if Mr. Driver knew what that percentage was to market value ten years ago or reasonably close? Mr. Driver indicated that recently in 2007, Roanoke County was at eighty -five percent (85 %) and in 2008 eighty -nine percent (89 %). Mr. Elswick then asked if Mr. Driver knew why the County has gone from eighty -five to ninety -three percent (85 to 93 %). Mr. Driver responded that one of the reasons was during the heating up of the market and based on historical sales, no sooner than Roanoke County had a general reassessment, things were appreciating at such a rate the County could not keep up. Additionally, Mr. Driver explained when doing the reassessments staff thought the County was at ninety percent (90 %). He indicated that when the reassessment was completed, more sales came in and showed the County was less than ninety percent (90 %) for the State ratio, but generally after the 2009 general reassessment was done, things started to slow down a little bit. Furthermore, he advised there was the addition of the new software system that was being incorporated at the time and not only did it help with the slowing of the market, but also with uniformity. Roanoke County dropped over a percent with uniformity, which basically measures how equal the County is in measuring our assessments between one classification or in between neighborhoods. Chairman Church asked for clarification, stating under the relief for the elderly and disabled, don't those numbers exclude your home and one acre of land, with Mr. Driver responding in the affirmative. Supervisor Church explained that means he believes the County is being more than fair with the elderly and disabled. Supervisor Church encouraged these citizens to take advantage and see if they qualify. Chairman Church stated that this was a bittersweet situation, meaning the County does not have much of an assessment increase, which results in lack of December 14, 2010 453 revenue, but if the County were up six to eight percent (6 to 8 %), the room would be full of angry citizens. Chairman Church stated that these things have to be taken as they come, and he believes Mr. Driver's staff recognizes what is happening. He stressed to Mr. Driver that the Board appreciates his hard work further stating that it is not easy times going on right now not only in Roanoke County but all across the Country. 2. Presentation of Roanoke County Community Leaders Environmental Action Roundtable (RC CLEAR) plan for expenditure of EECBG stimulus grant funds (Anne Marie Green, Director of General Services; Nell Boyle, Chairman of RC CLEAR) Ms. Green explained that this presentation was on the $50,000 stimulus grant that RC CLEAR had received and turned the meeting over to Nell Boyle. Ms. Boyle outlined the plan for these funds indicating that education is the key component. The first six months were spent in educating each other and the next nine months to put together an overall plan. Ms. Boyle indicated the majority of work is in educating the citizens. She further stated they are promoting energy efficiency in the home with energy audits and have prepared tool kits for homeowners. Ms. Green provided each Board member with an energy- efficient night light. Supervisor Moore thanked Ms. Boyle for her service. Supervisor Elswick advised that he appreciated what RC Clear is doing and emphasized what a tough job they have as habits have been ingrained for a long time. Mr. Elswick pointed to the lights in the Board room and commented the 150 bulbs burning were all not necessary, as the Board could probably do with fifty percent (50 %). He advised that he had recently attended a meeting with people who were supposedly green; they were putting mercury bulbs in their location. He stated the conference room where the meeting was held contained 40 watt fluorescent lamps burning, two incandescent lamps and a thermostat set at seventy degrees on a hot day. He commented they did not realize, even though they were supposedly green they were burning all that electricity. Supervisor Elswick commented that for RC Clear to attempt to educate people to all of the things that would really result in energy efficiency is a tough job. He further indicated that the easiest thing to do is to turn the lights off and adjust the thermostat. He remarked that these types of things are so simple and do not cost a thing and if we all did that and if there was some way to get us all to do it, we would save thirty to forty percent (30 to 40 %) of our energy easily. Supervisor Moore thanked Ms. Boyle for her service. IN RE: NEW BUSINESS 454 December 14, 2010 1. Request to purchase one fire vehicle and appropriate funds in the amount of $200,000 (Richard E. Burch, Jr. Chief of Fire and Rescue) I_QiPACI11&+ Chief Burch advised the Board the Catawba Volunteer Fire Department would be providing $100,000 toward the purchase of a mini - pumper and introduced Volunteer Chief Jerry Caldwell, advising that Chief Caldwell has been a volunteer for thirty -three years. Chief Caldwell addressed the Board concerning this opportunity and thanked the Board for all of their assistance. Chairman Church stated that this was not a small amount and agreed with Chief Burch that due to the mountainous areas of Catawba, where there are a lot of inclined driveways that a conventional vehicle cannot get to, the mini - pumper seems to be the best fit. Chairman Church remarked that he hopes this Board would recognize this opportunity. Supervisor Moore thanked Chief Caldwell for his many years of service. Supervisor Church moved to approve the request to purchase and appropriate funds to purchase one fire vehicle. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 2. Request to appropriate $19,520 for the cost to hold the January 11, 2011, Special Election (Judith Stokes, General Registrar) A- 121410 -3 There was no discussion. Supervisor Church moved to approve the request to appropriate the funds for the January 11, 2011 special election. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 3. Request to appropriate funds in the amount of $150,000 from minor capital, re- appropriate $55,000 from the Capital Improvement Incentive Fund and $95,000 from the Department of Parks, Recreation and Tourism Fee Class Account to replace the Walrond Park ball field lights (Pete Haislip, Director of Parks, December 14, 2010 455 Recreation and Tourism; Marcus Odonez, Assistant Director of Recreation) A- 121410 -4 Mr. Haislip outlined to the Board the reason for the request and advised a safety assessment had been done, which resulted in a report that the system had outlived its useful life. Mr. Odonez explained this lighting system is part of the Waldrond Park master plan and indicated this project was a high priority item with the Capital Improvement Program Review Committee. He further outlined it was their hope to save eight to nine percent (8 to 9 %) in kilowatt usage with a newer system and to include a remote system to make sure the lights are turned off. Supervisor Moore requested that the use of solar lighting or some other lighting alternatives be taken into consideration when looking at the new system. Supervisor Flora moved to approve the request to appropriate funds to replace the Waldrond Park ball field lights. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 4. Request for a transfer of $175,300 from fiscal year 2011 Community Policy and Management Team Funds to Roanoke County Schools to support continuation of school based programming no longer eligible for State reimbursement through the Comprehensive Services Act (Daniel R. O'Donnell, Assistant County Administrator) A- 121410 -5 In attendance with Mr. O'Donnell were Dr. Jessica McClung from Roanoke County Schools and Ms. Patience O'Brien, Community Services Coordinator. Mr. O'Donnell gave a brief outline of the need for the transfer. Supervisor Elswick remarked that this is not the first example of where the State requires something be done and initially funded it only to advise the County to keep doing it, but without any funds. 456 December 14, 2010 Dr. McClung advised these programs had been funded since 1988. She noted the success rate was higher when these types of programs are utilized versus sending children outside of the public school system. Supervisor Elswick inquired of Mr. Goodman and Mr. Mahoney concerning the possibility of writing a letter of objection to the State. Mr. B. Clayton Goodman, County Administrator responded by advising staff would be glad to send a letter, but this has been an ongoing pattern for the last ten years, if not more. He further added the Virginia Association of Counties (VACO), which represents towns, cities and counties has repeatedly through their legislative lobbying efforts sought any additional unfunded mandates, which has been unsuccessful. He added for our constitutional officers, the cost has shifted to the local governments or give up the service. In those areas, funding has been decreased over a period of time, not only this program but other programs. He reiterated staff will be glad to draft a letter for the Board at the next meeting so it can be sent to the general assembly to discuss. Mr. Goodman further explained last year the State was talking about capping the State funding for CSA and they did not change any of the mandates, which means that local governments would have to pick up much more of the cost. He advised through the lobbying effort of the Virginia Municipal League this did not occur, but there are always those efforts out there. Mr. Goodman advised that staff would draft something for presentation to the Board at a future meeting and go from there. Supervisor Elswick asked if VACO really helps the County in this regard with Mr. Goodman responding that VACO is constantly lobbying on behalf of Counties, because of our unique relationship with the Commonwealth. They try to represent our interests in a very positive manner, but due to budgetary problems the State has encountered, they have to reduce the budget and there are a number of items mandated by the federal government. Unfortunately, Mr. Goodman explained that since they have those mandates they have to meet for the federal government first then they turn to look at local government where there is a lot of funding that has a possibility of being cut. Mr. O'Donnell inquired if the Board remembered last fiscal year, VACO and Virginia Municipal League (VML) both led the charge to fight the State from capping the CSA funds and were successful. He stated he feels it will probably be discussed again this year, so staff will need to be vigilant. Mr. Goodman stressed the key thing for the public to understand is that the County is trying to provide services to their children in the community; trying to keep them in our school system and our community. Without this type of program, the County will need to rely on other types of programs that tend to send these children to out -of -state services, which are not only very costly, but also will remove them from the community and their families. He reiterated Roanoke County has not supported this action because staff wants our children to stay in the community and to be worked with within the community so we can work with the families and the children to ensure they are properly provided care and services. December 14, 2010 457 Supervisor Flora inquired if this program identified approximately one hundred (100) students previously that required this service and does the continuation provide service to the same one hundred (100) students as previously identified? Dr. McClung responded affirmatively and stated in the budget process last year and again in April the State came up with this new interpretation, the schools have assumed the majority of these programs already with budget cuts and cuts in the schools. This amount was the remainder of last year that could not be covered within that year. Mr. O'Donnell clarified there were several programs, one that could not in the time frame outlined, shift everything into the school district, so it was kept in CSA, but some other things shifted. He further advised the liability could have been over $700,000. If you look at last year's budget, a lot of these things were moved over to schools in anticipation this might happen, because some advance warning was given, but the final determination did not come out until November, so there was potential liability in the budget process last year that was dealt with. Supervisor Flora inquired if the one hundred students were provided services by private contractors here in the Valley with Mr. O'Donnell responding in the affirmative, through the Community Services Board employees within the school system. Supervisor Flora then asked if these students would be able to remain in their home school or will they be put into special programs and bused to specific locations? Dr. McClure responded at this point, the plan is to keep the children in the home schools; as part of the benefit of the programs currently in place with the day- treatment program, a lot of work is done with families. She indicated there is no obligation to do some of the outside the school day services that were in place, however, when families fall apart, children fall apart. So, the hope is to try to maintain them, but there is a good chance there will be an increase in the number of private school placements. She further emphasized, if that is the case, it is more costly for the County side as well as the school side and there is not as much success in bringing those children back into the schools. Supervisor Flora stated he has known of students that have been placed into residential placement, outside of Virginia, which $175,000 might cover their one - year's cost, providing this program to a hundred students or conceivably if it were reversed only one student could consume that total amount or very close to it. Supervisor Flora moved to approve the request to transfer funds from the Community Policy and Management Team to Roanoke County Schools. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 5. Resolution in support of the designation of The Wilderness Road: Virginia's Heritage Migration Route from Winchester to Cumberland gap (including the Daniel Boone Wilderness Trail), 458 December 14, 2010 and the two applicable spurs: the Carolina Road and the Fincastle /Cumberland Gap Turnpike, as Virginia byways and National byways (B. Clayton Goodman III, County Administrator) Mr. Goodman introduced Landon Howard, Executive Director and Catherine Fox, Director of Tourism and Communications from the Roanoke Valley Convention and Visitors Bureau. Mr. Howard outlined for the Board that the support resolution will allow, among other things, the application for byways funds. There was no discussion. RESOLUTION 121410 -6 IN SUPPORT OF THE DESIGNATION OF THE WILDERNESS ROAD: VIRGINIA'S HERITAGE MIGRATION ROUTE FROM WINCHESTER TO CUMBERLAND GAP (INCLUDING THE DANIEL BOONE WILDERNESS TRAIL), AND THE TWO APPLICABLE SPURS: THE CAROLINA ROAD AND THE FINCASTLE /CUMBERLAND GAP TURNPIKE, AS VIRGINIA BYWAYS AND NATIONAL BYWAYS WHEREAS, from 1775 to 1810, an estimated 300,000 settlers traveled through Virginia to the Cumberland Gap. This migration and western movement is a significant event in Virginia history and to the development of the United States of America. Today, an estimated 43 million Americans can trace their ancestors to the migration through Virginia along the Wilderness Road: Virginia's Heritage Migration Route; and WHEREAS, the historical migration of early settlers and pioneers to Virginia followed closely to what is now Route 11, 58 and 23 from Winchester to Cumberland Gap (including the Daniel Boone Wilderness Trail — Route 58 from Moccasin Gap to Cumberland Gap), but also followed other "spur" migration routes such as the Carolina Road along Route 220 and the Fincastle Turnpike along Routes 42, 61 19 460 71 and 72; and WHEREAS, these migration routes are now being developed as driving routes /trails to preserve, interpret and promote the history, heritage and culture of the early pioneer settlement and migration through Virginia, and the role that Virginia played in the migration of settlers through Virginia and to other states of our growing of the nation; and WHEREAS, the Wilderness Road organization has been formed as a recognized non - profit organization under the leadership and guidance of the Virginia Tourism Corporation, in partnership with tourism representatives from 28 tourism localities and 12 state /federal partners, to develop and promote the driving route of the Wilderness Road: Virginia's Heritage Migration Route, and spurs known as the Carolina Road, and the Fincastle /Cumberland Gap Turnpike, connecting with the Daniel Boone Wilderness Trail, and individual community loops for each locality; and December 14, 2010 459 WHEREAS, the mission of the Wilderness Road organization is to develop a new tourism product to increase economic growth and tourism spending in the region. The purpose of the organization is to promote The Wilderness Road. Virginia's Heritage Migration Route from Winchester to Cumberland Gap in a way that preserves and interprets the heritage of the migration era from the 1700s to the mid 1800s, to increase tourism visitation and economic impact of tourism spending; and WHEREAS, the Commonwealth of Virginia has recognized the driving route as The Wilderness Road. Virginia's Heritage Migration Route, which shall not affect any other designation heretofore or hereafter applied to this route or any portions thereof; and WHEREAS, there are more than 2,700 miles of roads designated as Virginia Byways, to help attract visitors and support economic development through tourism, and the Virginia Department of Transportation (VDOT), the Virginia Tourism Corporation (VTC), the Virginia Department of Conservation and Recreation (DCR) and the Commonwealth Transportation Board (CTB), encourages local governments to nominate roads for Virginia Byway designation. WHEREAS, the United States Secretary of Transportation recognizes certain roads (including multi- state) as All- American Roads or National Scenic Byways based on one or more archeological, cultural, historic, natural, recreational and scenic qualities, with the Wilderness Road: Virginia's Heritage Migration Route, (including the Daniel Boone Wilderness Trail), and applicable spurs known as the Carolina Road, and the Fincastle /Cumberland Gap Turnpike include each of these intrinsic qualities; and WHEREAS, the National Scenic Byways Program is part of the U.S. Department of Transportation and Federal Highway Administration, and the program is a grass -roots collaborative effort established to help recognize, preserve and enhance selected roads throughout the United States; and WHEREAS, since 1992, the National Scenic Byways Program has provided funding for almost 1500 state and nationally designated byway projects in 48 states. THEREFORE BE IT RESOLVED, that Roanoke County expresses its support to the Virginia Department of Transportation and the General Assembly of the Commonwealth of Virginia to provide Virginia Byway designation of the Wilderness Road: Virginia's Heritage Migration Route (including the Daniel Boone Wilderness Trail), and the Fincastle Turnpike and Carolina Road spur routes; and BE IT FURTHER RESOLVED, that Roanoke County expresses its support to the U.S. Department of Transportation, Federal Highway Administration, and United States Secretary for National Byway Designation of the Wilderness Road: Virginia's Heritage Migration Route (including the Daniel Boone Wilderness Trail) , and the spur Fincastle Turnpike and Carolina Road routes; and FINALLY BE IT RESOLVED, that Roanoke County fully supports the efforts of the Wilderness Road organization to develop and promote the Wilderness Road: Virginia's Heritage Migration Route (including the Daniel Boone Wilderness Trail), and 460 December 14, 2010 the spur Fincastle Turnpike and Carolina Road routes, as Virginia Byway(s) and National Scenic Byway(s). On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 6. Approval of an agreement with Botetourt County to terminate a revenue sharing agreement for the Jack Smith Industrial Park and appropriation of the balance needed of $382,632.72 (Paul M. Mahoney, County Attorney) Fill PAElI[I31 Mr. Mahoney outlined the following three reasons for requesting the termination of the revenue sharing agreement with Botetourt County. The first is the payment to Botetourt County which represents the present value of the revenues generated from the County side of the park. Second is to provide for the sale of a 15 acre tract of land. Finally, sale of the library, which will be discussed further in the meeting. Mr. Mahoney explained that the current economic circumstances have changed dramatically since the late 1980's, which was when this agreement was reached. Additionally, Botetourt has indicated they would like to use this land for a school. Supervisor Altizer stated that this was a long process, but is being worked out for the best for both localities. Supervisor Altizer moved to approve the staff recommendation to terminate the revenue sharing agreement for the Jack Smith Industrial Park and the appropriation of the necessary funds. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 7. Request to approve a resolution granting a waiver 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" of the Roanoke County Code to Howard Shockey & Sons and Counts & Dobyns — Buck Mountain Road Improvement Project, Cave Spring Magisterial District (Arnold Covey, Director of Community Development) December 14, 2010 461 Mr. Covey outlined to the Board the reason for the request for the noise ordinance waiver and advised the time frame would be from December 15, 2010 through February 28, 2011, and the request is due to the Virginia Department of Transportation (VDOT) request that certain road construction be done within or effecting the public right -of -way be incorporated into the roadwork currently being constructed by Walmart. In attendance were Travis Hall with Howard Shockey & Sons; William Homiller with Troutman Sanders representing Walmart and Chris Dunnam from Counts and Dobyns. Supervisor Moore asked when the first waiver was granted back in June of 2010, why was the work not done while the weather was warm in connection with the onsite work. Mr. William Homiller advised that it was his understanding the waiver granted in June was actually granted to another developer and at that time it was a bit premature for that work to be slated to be done in the summertime. He advised that Walmart was still in the midst of working out an agreement with Mr. Strauss to do the work together along Buck Mountain Road. He stated there was a previous waiver of noise ordinance granted to Howard Shockey & Sons and Counts & Dobyns for the work on Rt. 220. Mr. Homiller advised this was the first request that was being made by Walmart's team for a noise ordinance waiver for this particular work. Supervisor Moore asked since the weather is so cold now and she believes forty degrees is necessary for paving, does Howard Shockey & Sons have a backup plan if problems occur due to the extreme cold weather. Mr. Travis Hall advised that they are the general contractor for Walmart and basically they will go as long as the weather permits. He further advised in the event that cold weather requires them to put down pavement, provisions have been made for milling it up in the springtime. He added that VDOT has approved these provisions. Additionally, he added there are some other provisions for keeping things warm as possible and only paving when weather permits. Supervisor Moore asked Mr. Hall what the provisions were to keep the pavement warm so it will seal and be safe. Mr. Chris Dunnam advised they are the subcontractor for Shockey doing the roadwork and the site work. He stated that VDOT has allowed a couple of stipulations; they have a warm asphalt technology that VDOT actually brought to their attention a couple of weeks ago, when Rt. 220 was being paved. He added some of these items might be helpful on Buck Mountain, but must have better weather in order to get it done. He added a lot of the storm drain work can still be done, which is one of the changes in the plan. Additionally, he pointed out there is a new stormdrain line running right up the middle of existing Buck Mountain that is an issue. He advised they are trying to avoid working on that during the day because it would affect the traffic. He noted that they have noticed that traffic drops off tremendously at night, which would allow them to complete the work in a safe manner and the weather limitations are not as great. Supervisor Moore agreed with Mr. Hall that it would be much safer to do this work at night. 462 December 14, 2010 Supervisor Altizer stated that the winter time concerns him as well, with regard to the quality of work, doing things that are certainly affected by the weather. He stressed that with the curb and guttering, the concrete, he is aware that insulating blankets will need to be used in this kind of weather. He added that he thinks concrete must be keep at a minimum of about 50 degrees for 72 hours. Mr. Dunnam stated the Virginia Department of Transportation (VDOT) standard is 40 degrees and rising to place it and maintained for the required time. Supervisor Elswick inquired as to the nature of the noise, is it something that will keep people awake at night as some people have to get up at 4:30 or 5:00 to go to work the next day? Mr. Dunnam responded that based on working on Rt. 220, the night work that was done was no greater than the traffic noise going down the road. Mr. Dunnam stated that the surrounding noise is so great; no -one knows there are workers out there. Supervisor Elswick asked if jackhammers would be used. Mr. Dunnam replied in the negative advising they would be using loaders and backhoes. Supervisor Elswick then asked if there had been any complaints so far with Mr. Dunnam responding none that he is aware of. Mr. Dunnam did advise there was one complaint from one citizen who lived on Singing Hill Road because of the work being done up to 10 o'clock. To his knowledge, they have not received any more complaints. RESOLUTION 121410 -8 GRANTING A WAIVER 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" OF THE ROANOKE COUNTY CODE TO HOWARD SHOCKEY & SONS, INC. AND COUNTS & DOBYNS - BUCK MOUNTAIN ROAD IMPROVEMENT PROJECT, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Howard Shockey & Sons, Inc. have requested a waiver of the County's noise ordinance as contemplated under Sec. 13 -23. "Undue hardship waiver" be given to Howard Shockey & Sons, Inc. and Counts and Dobyns, the contractors for the Buck Mountain Road improvement project, to permit the road construction to be performed at night to take advantage of lower traffic volumes beginning on December 15, 2010, and ending February 28, 2011; and WHEREAS, Wolverton and Associates had previously prepared road improvement plans for the Walmart project. These plans have been reviewed and approved by both the County and Virginia Department of Transportation (VDOT); 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 - Article II. "Noise" of Chapter 13. "Offenses - Miscellaneous" to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13 -23 and after making certain alternative findings. December 14, 2010 463 BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to Howard Shockey & Sons, Inc. and Counts and Dobyns from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning at approximately 10:00 p.m. on December 15, 2010, and ending 7:00 a.m. on February 28, 2011. b. Whether the noise is intermittent or continuous: The noise produced during the process of performing road construction is done in order to take advantage of lower traffic volumes, minimizing impacts on the public, while maximizing safety to the public and construction workers. Tasks currently identified as those that will be performed at night include but are not limited to: storm drain piping & structures including road crossing; water line relocation; curb & gutter and concrete medians that tie to US 220 from Buck Mountain Road; all road widening, profiling and paving; and pavement marking. The noise waiver will not be utilized on a daily basis; rather it will be used when necessary and prudent to do so. C. The extensiveness of the noise: May be extensive at times depending upon the nature of the work. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: This work has to be completed at night in order to minimize impacts on the traveling public, while maximizing safety to the public and construction workers. Also the Virginia Department of Transportation requests that this work be done at night. e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: Work is being done at this time to avoid disruption to the Roanoke County Schools (Clearbrook Elementary) and nearby Faith Christian School. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this road work is necessary and incidental to fulfilling the conditions of the special use permit approved by the Board of Supervisors for the Clearbrook Wal -Mart development and will allow the Buck Mountain Road improvement project to open to the public simultaneously to the new traffic patterns from the Wal -Mart development. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by operation of equipment for road construction under subsection (1) 464 December 14, 2010 of Sec. 13 -21. "Specific acts as noise disturbance" or under the provision of Sec. 13 -20. "General prohibition" would produce serious economic hardship for Howard Shockey & Sons, Inc. and Counts & Dobyns without producing any substantial benefit to the public, further it would result in greater impacts on the public using U.S. Route 220, increase safety hazards both for the public and the construction workers, and be contrary to the directives of the Virginia Department of Transportation. 3. That the provisions of Sec.13 -21. "Specific acts as noise" subsection (1) and Sec. 13 -20. "General prohibition" of Article II. "Noise" of Chapter 13. "Offenses — Miscellaneous" be WAIVED for a period from December 15, 2010 until February 28, 2011. 4. This Waiver is granted specifically to Howard Shockey & Sons, Inc. and Counts and Dobyns, their officers, employees and agents for road construction work and related activities on Buck Mountain Road at Route 220 at the Clearbrook WalMart development in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 8. Resolution expressing concerns about alcoholic energy drinks and requesting the General Assembly for the Commonwealth of Virginia to ban alcoholic energy drinks (Paul M. Mahoney, County Attorney) Mr. Mahoney reviewed the resolution with the Board. Also in attendance was Nancy Han, Council Coordinator for the Prevention Council of Roanoke County. Ms. Han thanked the board for their swift action and explained that she had shared what the Board was proposing with the Council and within twenty -four hours, Mr. John Newton from PMI Stop In stores took the imitative to remove these drinks from all eighty of his stores. Ms. Han thanked Mr. Newton for what he has done in the County and the Valley and turned the meeting over to Mr. Newton. Mr. Newton advised the Board that it was the right thing to do and thanked Nancy Han and the Prevention Council in trying to keep the children of our community safe. Chairman Church thanked Mr. Newton for removing these drinks from his store. Supervisor Moore expressed her thanks to Ms. Han and Mr. Newton. December 14, 2010 465 Chairman Church stated the Board would not sit with a blind eye, and just as Supervisor Altizer that brought the synthetic marijuana to the Board, this concern would also be addressed. Chairman Church explained to the business people that continue to bring these things that are harmful to our community the Board will not stand still and in other jurisdictions as well. Positive inroads will be made to stop this nonsense. RESOLUTION 121410 -9 EXPRESSING CONCERNS ABOUT ALCOHOLIC ENERGY DRINKS AND REQUESTING THE GENERAL ASSEMBLY FOR THE COMMONWEALTH OF VIRGINIA TO BAN ALCOHOLIC ENERGY DRINKS WHEREAS, alcoholic energy malt beverages, which may contain significant amounts of caffeine, ginseng, ginkgo biloba and other herbal /chemical stimulant ingredients, are being increasingly marketing towards juveniles and other young drinkers; and WHEREAS, a typical alcohol energy drink contains 24 ounces and has a 12 percent alcohol content which is 3 to 4 times the alcohol content of a 12 ounce beer, according to the Michigan Liquor Control Commission; and WHEREAS, a leading study by the Wake Forest University School of Medicine found a doubling of occurrences of injury and need for medical attention as well as the likelihood of riding with an intoxicated driver among students who consumed these alcoholic energy drinks; and WHEREAS, research at the University of Florida shows these products encourage dangerous consumption patterns with accompanying dangerous behavior patterns which is frequently linked to increased potential for addiction, especially among young drinkers; and WHEREAS, the overuse of caffeine or other stimulants can result in acute overdoses that can cause serious health problems including heart palpitation, depression, anxiety and in extreme cases, death, as well as lapses of judgment; and WHEREAS, the marketing messages for malt beverage products containing caffeine and other stimulants imply that they have beneficial energizing effects without disclosing the potential adverse effects and consequences to the consumer of these beverages; and WHEREAS, several state attorney generals and agencies including the National Alcohol Beverage Control Association (NABCA), the Washington State Liquor Control Board, the Michigan Liquor Control Commission and numerous other governmental bodies have expressed concerns by resolution or otherwise to the marketing of alcoholic beverage drinks towards young people in a way that produces false impressions of these products' effects; and WHEREAS, the Federal Food and Drug Administration (FDA) is currently researching the safety and legality of alcoholic energy drinks; and 466 December 14, 2010 WHEREAS, the States of Michigan and Washington have issued bans upon the sale of alcohol energy drinks within their respective jurisdictions thru their respective administrative agencies. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it expresses its unanimous concern about the evidence of increased purchase and consumption of alcoholic energy drinks by young people within Roanoke County. 2. That it requests the General Assembly for the Commonwealth of Virginia to adopt legislation banning the sale of alcoholic energy drinks. 3. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith, Delegate Onzlee Ware, Delegate William Cleaveland; Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council, Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley - Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 9. Granting an additional Christmas Holiday on Thursday, December 23, 2010 (B. Clayton Goodman III, County Administrator) Fis PA El 11115 U Mr. Goodman explained that the Chairman had requested an additional Christmas holiday be granted for Thursday, December 23, 2010. Governor McDonnell had granted a similar holiday for State employees stating that his action was to reflect the high level of service that these employees maintained through the trying times during the past few years. Mr. Goodman expressed his opinion that County employees had also stepped forward with the many demands placed on them due to budget cuts, etc. and recommended to the Board that this additional holiday be conveyed to County employees. Supervisor Elswick inquired about the people who will have to work on that day. Mr. Joe Sgroi, Director of Human Resources responded that the people who must work will get an additional eight hours of holiday pay to be used at the option of the employee. Churchman Church stated the Board unanimously understood and recognized that employees have not had pay raises for several years; however, December 14, 2010 467 attempts were being made to do a lot of good things to keep our employees. He advised that this gesture is well deserved and feels the employees will reward the citizens of the County. Chairman Church reiterated that the Board unanimously recognized the employee efforts. Supervisor Flora stated this was started back in October when the General District Court granted an additional day for News Years and Christmas for their employees. He further advised that this had occurred last year and the year before. In addition, he stated that the Supreme Court actually gave a day and a half. He advised that other jurisdictions were following Governor McDonnell. Supervisor Altizer requested that staff make every effort to let the citizens know and to post the information to the website. Chairman Church moved to adopt the granting of an additional holiday. The motion was approved by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of Jatin Patel to obtain a Special Use Permit in a C -2, General Commercial, District for the purpose of operating a convenience store and fast food restaurant on 0.844 acre, located in the 8000 block of Plantation Road, Hollins Magisterial District. There was no discussion. Supervisor Flora moved to approve the first reading and established the second reading and public hearing for January 25, 2011. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 2. The petition of Fountain Head Land Company, LLC, to amend the Planned Residential Development Master Plan to decrease the maximum number of cottages, to decrease the maximum number of bedrooms in the clubhouse, to increase the maximum number of residential lots to 110, and to reduce the minimum lot size and road frontage for residential lots south of Pitzer Road, and to amend a proffered condition dealing with an at -grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack) which measures approximately 375 acres, Vinton Magisterial District. 468 December 14, 2010 There was no discussion. Supervisor Altizer moved to approve the first reading and established the second reading and public hearing for January 25, 2011. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance authorizing the conveyance of Roanoke County's one - half interest in the Blue Ridge Branch Library to Botetourt County (Paul M. Mahoney, County Attorney) There was no discussion. Supervisor Altizer moved to approve the first reading and established the second reading for January 11, 2011. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 2. Ordinance authorizing and approving execution of a Lease Agreement with Cisco systems, Inc., for office space in the Salem Bank & Trust building at 220 East Main Street, Salem, Virginia, owned by the Board of Supervisors of Roanoke County (Anne - Marie Green, Director of General Services) There was no discussion. Chairman Church moved to approve the first reading and established the second reading for January 11, 2011. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 3. Ordinance authorizing conveyance of a 50' water and sewer line easement to the Western Virginia Water Authority to be located within a public right -of -way known as Townsend Road, said right - of -way having been dedicated to the Board of Supervisors, Hollins Magisterial District (Paul M. Mahoney, County Attorney) There was no discussion. Supervisor Flora moved to approve the first reading and established the second reading for January 11, 2011. The motion carried by the following recorded vote: December 14, 2010 469 AYES: Supervisors Moore, Flora, Elswick, Church NAYS: None ABSTAIN: Supervisor Altizer IN RE: SECOND READING OF ORDINANCES 1. Ordinance approving the purchase of 0.27 acre of property and house located at 5755 Crystal Creek Drive, Cave Spring Magisterial District, and appropriation of $60,000 (Diane D. Hyatt, Assistant County Administrator) There was no discussion. ORDINANCE 121410 -11 AUTHORIZING THE EXERCISE OF THE OPTION TO ACQUIRE APPROXIMATELY 0.27 ACRE OF REAL ESTATE (TAX MAP NO. 97.05- 01 -17) FROM GRACE M. SPRADLIN FOR THE EXPANSION OF STARKEY PARK WHEREAS, on September 28, 2010, Roanoke County entered into an option to purchase agreement with Grace M. Spradlin for the purchase of approximately .27 acre in the Cave Spring Magisterial District for the expansion of Starkey Park; and WHEREAS, on September 28, 2010, the expenditure of funds for boundary survey, title examination and insurance, environmental assessment, and recordation fees were authorized and approved; and WHEREAS, an increase in the purchase price from $45,000 to $45,500 is necessary to cover the actual mortgage payoff on this property; and WHEREAS, the County now wishes to exercise said option and purchase this real estate; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on November 16, 2010, and the second reading was held on December 14, 2010; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the exercise of an option for the acquisition of approximately .27 acre of real estate (Tax Map No. 97.05- 01 -17) as shown on a boundary survey prepared by Caldwell White Associates dated October 18, 2010, for the sum of Forty Five Thousand Five Hundred Dollars ($45,500) is hereby approved and further that the acquisition of said real estate is hereby authorized and approved. 470 December 14, 2010 2. That funds will be appropriated into the Crystal Creek Property account from the Minor Capital fund to pay all of the costs of this acquisition, and the demolition of the existing structure. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: APPOINTMENTS 1. Economic Development Authority (At -Large appointment) It was the consensus of the Board at their November 16, 2010, closed session to appoint Paul Henkel to the Economic Development Authority for a four -year term. Confirmation of the appointment was placed on the Consent Agenda. 2. Grievance Panel (At -Large appointment) It was the consensus of the Board at their November 16, 2010, closed session to reappoint Lee Blair as alternate to the Grievance Panel for a three -year term. Confirmation of the appointment was placed on the Consent Agenda. 3. Library Board (appointed by District) Charlotte Moore has reappointed James 0. Nelson to represent the Cave Spring Magisterial District for a four -year term. Confirmation of the appointment was placed on the Consent Agenda. 4. Roanoke Valley Resource Authority (At -Large appointment) It was the consensus of the Board at their November 16, 2010, closed session to reappoint Rebecca Owens to the Roanoke Valley Resource Authority for a four year term. Confirmation of the appointment was placed on the Consent Agenda. 5. Western Virginia Regional Jail Authority (At -Large appointment) December 14, 2010 471 It was the consensus of the Board at their November 16, 2010, closed session to re- appoint each of these members to an additional one -year term. Confirmation of these appointments has been placed on the Consent Agenda. • B. Clayton Goodman III as Alternate Administrative Official • Diane D. Hyatt as Administrative Official • Joseph B. Butch Church as Alternate Elected Representative • Michael W. Altizer as Elected Representative • Michael Winston, as Sheriff Representative • Charles Poff, as Alternate Sheriff position IN RE: CONSENT AGENDA RESOLUTION 121410 -12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- 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 December 14, 2010, 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 8 inclusive, as follows: 1. Approval of Minutes — November 16, 2010 2. Confirmation of appointments to the Economic Development Authority; Grievance Panel; Library Board; Roanoke Valley Resource Authority; and Western Virginia Regional Jail Authority 3. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2011 4. Resolution requesting acceptance of Cottage Rose Lane into the Virginia Department of Transportation Secondary System 5. Resolution requesting acceptance of the remaining portion of Forest Acre Court into the Virginia Department of Transportation Secondary System 6. Request to accept the donation of certain real estate from an affected property owner for roadway improvements to Sierra Drive, Route 1876 and Santa Anita Terrace, Route 1849, Hollins Magisterial District 7. Resolution granting signatory authority to execute project administration agreements for approved Revenue Sharing Funds for fiscal year 2010 -2011 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Donna L. Furrow, Assistant Chief of Police, upon her 472 December 14, 2010 retirement after more than twenty -seven years of service 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 RESOLUTION 121410 -12.b ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2011 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2011, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 11, 2011 at 3 pm Tuesday, January 25, 2011 at 3 pm and 7 pm Tuesday, February 8, 2011 at 3 pm Tuesday, February 22, 2011 at 3 pm and 7 pm Tuesday, March 8, 2011 at 3 pm Tuesday, March 22, 2011 at 3 pm and 7 pm Tuesday, April 12, 2011 at 3 pm Tuesday, April 26, 2011 at 3 pm and 7 pm Tuesday, May 10, 2011 at 3 pm Tuesday, May 24, 2011 at 3 pm and 7 pm Tuesday, June 14, 2011 at 3 pm Tuesday, June 28, 2011 at 3 pm and 7 pm Tuesday, July 12, 2011 at 3 pm Tuesday, July 26, 2011 at 3 pm and 7 pm Tuesday, August 9, 2011 at 3 pm Tuesday, August 23, 2011 at 3 pm and 7 pm Tuesday, September 13, 2011 at 3 pm Tuesday, September 27, 2011 at 3 pm and 7 pm Tuesday, October 11, 2011 at 3 pm Tuesday, October 25, 2011 at 3 pm and 7 pm Tuesday, November 15, 2011 at 3 pm and 7 pm Tuesday, December 13, 2011 at 3 pm and 7 pm 2. That the organizational meeting for 2012 shall be held on Tuesday, January 10, 2012 at 2:00 p.m. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: December 14, 2010 473 AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None RESOLUTION 121410 -12.c REQUESTING ACCEPTANCE OF COTTAGE ROSE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Virginia Department of Transportation (VDOT) Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None RESOLUTION 121410 -12.d REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF FOREST ACRE COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Virginia Department of Transportation (VDOT) Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and 474 December 14, 2010 WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None RESOLUTION 121410 -12.f GRANTING SIGNATORY AUTHORITY TO EXECUTE PROJECT ADMINISTRATION AGREEMENTS FOR APPROVED REVENUE SHARING PROJECTS FOR THE FISCAL YEAR 2010 -2011 WHEREAS, the Board of Supervisors submitted an application for an allocation of funds of up to $500,600 through the Virginia Department of Transportation fiscal year 2010 -2011 Revenue Sharing Program; and WHEREAS, $500,600 of these funds were requested to fund the projects identified in Roanoke County Revenue Sharing Program for fiscal year 2010 -2011. NOW, THEREFORE, BE IT RESOLVED that Roanoke County Board of Supervisors approved the Revenue Sharing Project list for fiscal year 2010 -2011 and supported the application for an allocation of $500,600 through the Virginia Department of Transportation Revenue Sharing Program, and a pro -rated portion of these funds were approved by the Commonwealth Transportation Board on September 15, 2010. AND BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors hereby grants authority for the County Engineer to execute project administration agreements for any approved revenue sharing projects. December 14, 2010 475 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 RESOLUTION 121410 -12.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DONNA L. FURROW, ASSISTANT CHIEF OF POLICE, UPON HER RETIREMENT AFTER MORE THAN TWENTY -SEVEN YEARS OF SERVICE WHEREAS, Donna L. Furrow was hired on October 17, 1983, as a Communications Officer and promoted to: Police Officer in September of 1988; Police Sergeant in October of 1995; Police Lieutenant in April of 2001 and Assistant Chief of Police in February, 2003; and WHEREAS, Ms. Furrow retired on December 1, 2010, as Assistant Chief of Police after twenty -seven years and two months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County's Police Department, Ms. Furrow was completely dedicated, often at great personal risk, to the protection of the lives and property of the citizens of Roanoke County, promoting the fast and effective delivery of police services to the County, encouraging the officers under her command to try new and innovative techniques and ensuring that those officers had access to the best training in modern methods of policing available; and WHEREAS, Ms. Furrow worked tirelessly to establish and maintain effective lines of communication between the Police Department and other elements of Roanoke County government, particularly its schools, as well as other public and private agencies with whom the Police Department partners to serve the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DONNA L. FURROW for more than twenty -seven years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: REPORTS 476 December 14, 2010 Supervisor Flora moved to receive and file the following reports motion carried by the following recorded vote: 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 — November 2010 The 5. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended November 30, 2010 6. Comparative Statement of Budgeted and Actual Revenues for the month ended November 30, 2010 7. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of November 30, 2010 IN RE: CLOSED MEETING At 5:04 p.m., Chairman Church moved to go into closed meeting pursuant to the Code of Virginia Section2.2.371 1.A. 1. Personnel, namely discussion concerning appointments to the Community Development Authority Board; Community Policy and Management Team (CPMT); Economic Development Authority and Clerk to the Board of Supervisors and Section 2.2- 3711.A.7. Consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, enforcement of stormwater management ordinance for maintenance of facilities in commercial and residential developments and property owners' associations. AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None At 5:05 p.m., Chairman Church recessed to the 4 floor for work session and closed meeting. The closed meeting was held from 5:28 p.m. until 6.05 p.m. IN RE: CERTIFICATION RESOLUTION December 14, 2010 477 At 7:00 p.m., Chairman Church moved to return to open session and adopt the certification resolution. RESOLUTION 121410 -13 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: NEW BUSINESS 1. Resolution appointing a Clerk to the Board of Supervisors (Paul M. Mahoney, County Attorney) Mr. Mahoney advised that Deborah C. Jacks was appointed in closed session. There was no discussion. RESOLUTION 121410 -14 APPOINTING DEBORAH C. JACKS AS CLERK TO THE BOARD OF SUPERVISORS WHEREAS, Section 15.2 -1538 of the Code of Virginia, 1950 as amended, provides for the appointment of a Clerk for the Board of Supervisors; and WHEREAS, Ordinance #62789 -4 adopted by the Board of Supervisors of Roanoke County on June 27, 1989, provides that the Board may appoint a County Clerk 478 December 14, 2010 who shall serve at the pleasure of the Board and who shall have the duties and responsibilities as set out in said ordinance and in the State Code; and WHEREAS, said ordinance provides that if the Board chooses not to appoint a County Clerk such duties and responsibilities shall be performed by the County Administrator. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby appoints Deborah C. Jacks as Clerk to the Board of Supervisors effective from and after date of its adoption. 2. That Deborah C. Jacks shall exercise all of the powers and fulfill all of the duties of Clerk to the Board of Supervisors as provided in Ordinance #62789 -4 and as provided in the Code of Virginia. 3. That this resolution shall be effective from and after its adoption. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 2. Resolution amending Resolution 102610 -5 appointing the authority board members for the South Peak Community Development Authority (Paul M. Mahoney, County Attorney) Mr. Mahoney advised that Susan Still had been appointed to the South Peak Community Development Authority. There was no discussion. RESOLUTION 121410 -15 AMENDING RESOLUTION 102610 -5 APPOINTING THE AUTHORITY BOARD MEMBERS FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, Resolution 102610 -5 adopted by the Board of Supervisors on October 26, 2010, appointed five citizens to serve on the authority board for the South Peak Community Development Authority; and WHEREAS, since the appointment one of the appointees, Brownie E. Polly, has notified the Board of Supervisors that he is unable to serve on the authority board due to a potential conflict of interests. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that this Board hereby appoints the following member of the South Peak Community Development Authority: Susan Still 2 year term December 14, 2010 479 The Board of Supervisors may remove at any time, without cause, any member appointed by it and may appoint a successor member to fill the unexpired portion of the removed member's term. BE IT FURTHER resolved that the Clerk to the Board be, and hereby is directed to send a copy of this Resolution to the individual named herein and the other members of the South Peak Community Development Authority. On motion of Supervisor Moore 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 Timberbrook Properties IX, LLC, and Fincastle Equipment Company, LC, to rezone 9.096 acres from AR, Agricultural Residential, District to C- 2C /CVOD, General Commercial /Clearbrook Village Overlay, District with conditions in order to construct a general commercial, retail sales and restaurant project, located on the northeastern side of Clearbrook Lane and across from the intersection of Clearbrook Lane and Clearbrook Village Lane, Cave Spring Magisterial District Mr. Philip Thompson, Deputy Director of Planning, outlined the petition to the Board and advised the Planning Commission had unanimously recommended approval of this rezoning. Mr. Thompson advised that revised proffers had been provided to the Board. Maryellen Goodlatte of Glenn, Feldman, Darby and Goodlatte spoke on behalf of Timberbrook Properties and Fincastle Equipment Company. Supervisor Elswick inquired how many private residents are along Amanda Lane, with Ms. Goodlatte advising she was not sure. Supervisor Elswick then asked if there will be any property that is devalued as a result, with Ms. Goodlatte responding in the negative. Supervisor Elswick then questioned if there had been any citizen complaints during the Planning Commission public hearing, with Ms. Goodlatte responding several citizens had come to the community meeting and the buffers for this project were enhanced as a result and there were no citizens who spoke at the public hearing. Supervisor Moore asked for an explanation of the parapet walls and how these walls will be hiding the mechanical units on the roof. Mrs. Goodlatte responded by advising one of the proffers that was added was a requirement that rooftop mechanical units be shielded in order to prevent people who might be above the view of the rooftop units from seeing them and what was done was to require parapet walls. 480 December 14, 2010 She further indicated these parapet walls will extend above the flat portion of the roof to act as a buffer for these areas. Additionally, Ms. Goodlatte noted that additional landscaping along the southern border of the property will further enhance the views, including a screening fence and landscaping with heights that go beyond the minimum height requirements. Chairman Church asked for confirmation that the minimum height of the Leland trees at the time of planting would be nine feet with Ms. Goodlatte answering in the affirmative. The CVOD requires eight feet at the time of planting. Chairman Church opened and closed the public hearing and there were no citizens who spoke on this issue. Supervisor Altizer inquired about the height of the sign, the height of the sign for the overlay district and what is the maximum height. Mr. Thompson responded that the monument sign is seven feet tall and ten feet wide. Supervisor Altizer asked if this was the same height of the Walmart sign, with Mr. Thompson advising yes, but it was later changed to an allowed ten foot by ten foot sign. Supervisor Altizer then reiterated that the size for this sign is going to be seven feet in height and ten feet wide, which is the Clearbrook overlay requirement, with Mr. Thompson answering affirmatively. Supervisor Altizer then inquired what type of material will be used for the monument part of the sign with Mr. Thompson responding in accordance with proffer number ten (10), the materials will be similar to the materials used in the buildings. Supervisor Altizer then asked for clarification inquiring if there would be any exposed linear running poles and will be whatever brick the building is comprised of and will be partitioned all the way from the bottom with Mr. Thompson answering in the affirmative. Supervisor Moore complimented Mr. Steve Strauss, owner of Timberbrook Properties, concerning the overlay guidelines. Supervisor Moore explained there were several community meetings, which she attended and indicated that she knew Mr. Strauss had addressed the concerns of all the citizens and at a late hour last night. She stated she appreciated Mr. Strauss coming forward and putting the new proffers in for the 15 foot Leland Cypress trees, which are not native of Virginia, but will make a nice border near the site line in the back. She explained these trees will get about seventy (70) feet tall and fifteen (15) foot wide and will make a wonderful border for the people on Amanda, Clearbrook and Rt. 220. She further added that Mr. Strauss has proffered the parapet walls to hide the mechanical roof units on the flat roof. Supervisor Moore stated that she appreciated the owner going over and above and protecting the extra buffering, which protects the citizens. She advised that he had done a good job and she appreciated it as well as the citizens. Supervisor Moore further commented she welcomed the new business and hoped there would be tenants soon. ORDINANCE 121410 -16 REZONING 9.096 ACRES FROM AR, AGRICULTURAL RESIDENTIAL, DISTRICT TO C -2C /COD, GENERAL COMMERCIAL/ CLEARBROOK VILLAGE OVERLAY, DISTRICT WITH CONDITIONS IN ORDER TO CONSTRUCT A December 14, 2010 481 GENERAL COMMERCIAL, RETAIL SALES AND RESTAURANT PROJECT, LOCATED ON THE NORTHEASTERN SIDE OF CLEARBROOK LANE AND ACROSS FROM THE INTERSECTION OF CLEARBROOK LANE AND CLEARBROOK VILLAGE LANE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the first reading of this ordinance was held on November 16, 2010, and the second reading and public hearing were held December 14, 2010; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 6, 2010; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 9.096 acres, as described herein, and located on the northeastern side of Clearbrook Lane and across from the intersection of Clearbrook Lane and Clearbrook Village Lane (Tax Map Numbers 88.04 -1 -42, 88.04 -1 -43 88.04 -1 -33) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agricultural Residential, District to C- 2C /CVOD, General Commercial /Clearbrook Village Overlay, District with conditions. 2. That this action is taken upon the application of Timberbrook Properties IX, LLC and Fincastle Equipment Company, LC. 3. That the owner of the property has voluntarily proffered in writing the following amended conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The primary access to the site (at the intersection of Clearbrook Lane and Clearbrook Village Lane) shall be designed so as to incorporate a sidewalk, pedestrian scale design features and landscaping in order to serve as a community focal point. A 15' planting area shall be installed along Clearbrook Lane and planted with native plants from the list provided in Appendix D of the Roanoke County Design Guidelines for the Clearbrook Village Commercial Overlay District and including shade trees, shrubs and flowering ornamental trees. (2) Subject to such modifications as pedestrian safety requires, pedestrian paths shall connect all buildings on the property. (3) All buildings shall be designed to be compatible with one another. All facades of buildings shall be of similar design, compatible materials and similar detailing. Exterior building colors shall be brown, beige, tan and /or white so as to complement the 482 December 14, 2010 exterior color scheme for the retail development situate on Tax Parcel # 88.03 -01 -09.00 (i.e. WalMart). (4) Plazas, landscape, landscaped areas and site amenities shall also be compatible to the established building character and may include outdoor seating areas, varied paving materials to add contrast and texture, and decorative containers with seasonal landscape. (5) Roofline treatment shall be of compatible design on all buildings. No flat roofs visible from U.S. 220 shall be permitted on any building on the property. Rooftop mechanical units shall be shielded from view from U.S. 220 and Clearbrook Village Lane. (6) Required screening of service and trash areas shall be with finish materials matching the exterior finish material of the building for which it serves. (7) Acceptable building finishes include: a. brick b. wood, vinyl or composite wood substitute lap siding and trim C. stucco or exterior insulated finish system (EIFS) d. stone face colored concrete block e. stone or cast stone f. standing seam metal, copper, composite slate tile or asphalt shingle roof (8) The following building finishes are prohibited: a. Unpainted or bare metal panels b. Bare exposed concrete that is not exposed aggregate, hammered, sand blasted or covered with cement based acrylic coating C. Unfinished wood other than cedar, mahogany, teak or redwood (9) Site Lighting: a. All lighting shall be shielded "cut off' types to internalize illumination and avoid spillover to adjacent residential properties. b. Sidewalks shall be illuminated with decorative pedestrian - scaled pole or building mounted luminaries. C. Plazas shall be illuminated similar to sidewalks but may include additional feature lighting for attractions and outdoor dining. December 14, 2010 483 d. Landscape lighting shall be employed to enhance site entrance and feature areas. e. No exposed fluorescent lighting shall be permitted. (10) Site Signage: a. The main freestanding tenant identification sign shall be near the intersection of Clearbrook Lane and Clearbrook Village Lane and shall be monument style utilizing materials approved as acceptable building materials and shall not have more than two sides. b. Signage color palette will be compatible with above named exterior building colors and shall complement the buildings' architectural style. (11) A Type D, Option 2 buffer shall be installed along the eastern boundary line of the property, as it adjoins Tax Parcels #88.04 -1 -31 and #88.04 -1 -32. The width of any other required buffer yard shall be increased by 10 %. All existing vegetation within a required buffer yard shall be preserved to the greatest extent possible. Existing vegetation within a required buffer yard shall be a substitute for otherwise required screening if it complies with the standards of the required buffer yard. (12.) In order to provide additional buffering along the eastern boundary line of the property described in proffer #11 above, the following shall be provided: a. Views of rooftop mechanical units and flat roofs from Amanda Lane shall be buffered by the use of parapet walls. b. Unless otherwise limited by the Roanoke County zoning ordinance, Leland Cypress trees having a minimum height of nine (9) feet at the time of planting and planted fifteen (15) feet on center shall be used as the evergreen trees within the Type D, Option 2 buffer required by proffer #11 and also in the buffer yard on the southern boundary line adjoining Tax Parcel #088.04- 01 -44. The Leland Cypress trees shall be planted on the outside area of the required fencing in the Type D, Option 2 buffer. 4. That said real estate is more fully described as follows: 484 December 14, 2010 A 9.096 Acre Parcel, situated along Clearbrook Lane, Cave Spring Magisterial District, comprised of Roanoke County Tax Parcels #88.04 -1 -33, #88.04 -1 -43 and #88.04 -1 -42. BEGINNING at Corner #1 an iron pin set, said point located on the southerly boundary of Tract C, (D.B. 1017, Pg. 373) property of Marvin J. Dodson, et ux, (D.B.1017, PG. 371) said point also being the northwesterly corner of Edward M. Jenkins, et ux, property (D.B. 1222, PG. 220) said corner also being the northeast corner of Roanoke County Tax #88.04 -1 -33; thence leaving Dodson and with Jenkins, S 04° 20' 37" E, passing an iron pin found at 149.89 feet being the northwesterly corner of property of Byron G. Jefferson, (D.B. 1513, PG. 1163) in all 734.65 feet to Corner #2 an iron pin found, said point being the northeasterly corner of property of Charles C. Burdette, Jr., et ux, (D.B. 482, PG. 477) and also said point being located on the westerly boundary of property of Byron G. Jefferson, (D.B. 1513, PG. 1163); thence leaving Jefferson and with Burdette for the following two courses, S 88° 43' 04" W, 293.34 feet to Corner #3 an iron pin found, said point being the southeasterly corner of Roanoke County Tax #88.04 -1 -43; thence S 08 10' 41" W, passing a iron pin found at 209.24 feet in all 218.11 feet to Corner #4 an iron pin set, said point located on the easterly right -of -way of Virginia Secondary Route #624 (Clearbrook Lane); thence leaving Burdette and with Clearbrook Lane for the following five courses, N 33 36' 19" W, 108.19 feet to Corner #5; thence N 45 38' 19" W, passing the northwesterly corner of Roanoke County Tax #88.04 -1 -43 at 95.73 feet being corner #5A; thence leaving Tax #88.04 -1 -43 and with Roanoke County Tax #88.04 -1 -42 in all 102.67 feet to Corner #6; thence N 53 58' 19" W, 102.72 feet to Corner #7; thence N 66 21' 19" W, 96.64 feet to Corner #8; thence S 76 42' 26" W, 46.95 feet to Corner #9 an iron pin set, said point located on the southerly side of a 25 foot private right -of -way being Sunset Drive; thence leaving Clearbrook Lane and with the northerly boundary of Tax #88.04 -1 -42 and the southerly right -of -way of Sunset Drive, N 60 48' 43" E, passing the northeasterly corner of Tax #88.04 -1- 42 at 276.17 feet being Corner #9A and with Roanoke County Tax #88.04 -1 -33 in all 400.65 feet to Corner #10, said point located on the southerly boundary of property of Kimberly A. Parenti, (D.B. 1384, PG. 1373) being Lot C (P.B. 14, PG. 83); thence continuing with Lot C for the following two courses, N 38 14' 17" E, 73.07 feet to Corner #11 an iron pin found; thence N 08 52' 36" E, passing a 3 inch Maple at 216.69 feet on line, in all 255.07 feet to Corner #12 an iron pin found, said point located on the southerly boundary of property of James Melvin Dodson, et ux, (D.B. 1007, PG. 300) being Tract B (D.B. 1007, PG. 302); thence leaving property of Kimberly A. Parenti and with Dodson, N 86 42' 17" E, passing the southeasterly corner of Tract B at 268.89 feet in all 369.36 feet to Corner #1 the place of BEGINNING and containing 9.096 Acres as more particularly shown on plat prepared by Lumsden Associates, P.C. dated December 14, 2010 485 December 10, 2003 and recorded in the Clerk's Office of the Circuit Court in Plat Book 27, Page 68. 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 Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 2. The petition of Kingery Brothers Associates to obtain a Special Use Permit in a AV, Agricultural/Village Center, District for the purpose of operating a construction yard on 3.81 acres, located near the 6000 block of Franklin Road, Cave Spring Magisterial District Mr. Philip Thompson, Deputy Director of Planning, explained in 2003, the County approved a plan for this property to allow for the use of a borrow pit to deposit and remove fill dirt associated with Mr. Kingery's excavation business. In April 2010, the County received a complaint that the property was being used as a construction yard. Mr. Thompson explained this special use permit is a means to resolve the current code violation adding currently, there are a variety of items that have been stored on the site. They include wood, drop inlets and drain pipes, storage tanks and storage trailers as part of Mr. Kingery's construction business. Mr. Thompson explained if Mr. Kingery had any leftover materials, he brought them back to the site and stored them on site. Mr. Thompson detailed it is Mr. Kingery's intent to clean up the site, market the property and sell it. Mr. Thompson advised there was a community meeting on November 8, 2010, with six citizens in attendance, with questions and concerns included screening, length of use and grading of the site. There was a public hearing on December 6, 2010, and there were no citizens to speak on this petition. The Planning Commission unanimously approved with 6 conditions, limiting this special use permit for a period of a little over three years, but having a deadline of January 14, 2014. No citizens spoke at the planning commission meeting. Supervisor Elswick inquired if in essence the zoning is being changed from agricultural to commercial, with Mr. Thompson explaining the property is currently zoned agricultural /village and the Board would be allowing the construction yard, which is basically what he has on site now. Mr. Thompson reiterated this property is being used as a construction site and Mr. Kingery is in violation. He further added this permit will allow the use and allow him time to clean up the property in order to sell it. Supervisor Elswick then asked if the period of time would be three (3) years with Mr. Thompson responding in the affirmative. Supervisor Elswick then inquired if it takes three years to clean the property up, with Mr. Thompson responding that Mr. Kingery 486 December 14, 2010 has indicated if he cleans it up earlier, but then sells the property, when he sells the property the special use permit comes forward. The maximum is three years. Supervisor Elswick then asked if he has been in violation and Mr. Kingery is asking for a special use permit to continue to be in violation. Mr. Thompson responded that Mr. Kingery is in violation because he does not have a special use permit and is asking for a special use permit to be in compliance. Supervisor Elswick then asked if Mr. Kingery was unaware of the fact that he was in violation and why was a special use permit required before? Mr. Thompson explained that there had been a complaint, which the County followed up on and notified Mr. Kingery of the violation. He further stated that as a result of the complaint, Mr. Kingery was not aware he had a violation until he was contacted by the County. Supervisor Elswick then inquired if a construction yard is consistent with the other facilities in the area? Will it degrade the neighborhood? Is it an improvement to the neighborhood? Mr. Thompson responded he felt this would not necessarily be an improvement. Mr. Thompson explained he thinks the existing use is there, as it is shielded from Rt. 220 and the residents that live along there did not complain. He further noted a row of evergreen trees is being added to provide buffering. Supervisor Elswick then asked if the residents' complaints are what made us aware of this situation and now the residents are saying it okay? Mr. Thompson advised no -one spoke at the public hearing. He stated he feels once the citizens understood what the situation was and there is a sunset clause and this special use permit will only be valid for a certain period of time and that he is trying to clean up the property. Mr. Thompson further added when the application was made, Mr. Kingery had cleaned up a portion of the property, (the adjacent property that is not a part of this application) and Mr. Thompson believes that the residents see that progress is being made and the intent is to clean it up and then sell it. Supervisor Elswick asked why the property could not be cleaned up in six (6) months versus three (3) years, with Mr. Thompson advising that Mr. Kingery had stated it would probably take a year or two to clean the property up. Mr. Randolph William Kingery who lives at 6506 Crowells Gap Road advised that he had purchased this property in 1985, and has used it for storage from his construction business. He indicated the material that is on the property now are pipes and structures he had left over from previous jobs. Mr. Kingery explained he has machinery out there to move dirt, so he would bring it out there and stockpile it. He indicated he had already paid for the material and did not want to just dispose of it as a lot of it is new. Mr. Kingery stated his intention is to sell property. He stated he originally got a letter from the County advising he had ten days to clean it up. He further explained the way the economy is he did not have enough time in ten days and he did not have any money or fuel expense to clean it up. Accordingly, Mr. Kingery explained he is asking to be able to use the material up in a timely manner in about three years, but is hoping to have it sold being that Walmart is out there now, he just wanted time to clean it up and not add any more to it, just sell what he has already paid for and try to get his money back. Supervisor Moore advised that Mr. Kingery stated at the last community meeting that he wanted to have an opportunity to sell the pipe that is there now. She asked how much pipe is on the property with Mr. Kingery responding probably thirty joints (eight -foot joints). Supervisor Moore asked what the value of the pipe would be, with Mr. Kingery advising approximately $25 a foot. Supervisor Moore asked Mr. December 14, 2010 487 Kingery to describe further, with Mr. Kingery indicating he has manholes, which are about $800 a piece and drop units, which can run up to $2,000 a piece. Supervisor Moore asked how many of each did he have, with Mr. Kingery responding probably eight drop units and ten man holes. Supervisor Moore than asked what other materials are on the property with Mr. Kingery responding some plastic pipes, but not a "whole lot of stuff." Chairman Church opened and closed the public hearing. There were no citizens to speak. Supervisor Altizer inquired of Mr. Thompson what kind of timeline is required, for instance if the Board gave three years, it is three years, if we gave a year, it is a year. He further asked if the Board declined his request, then what is the process, i.e. how long does Mr. Kingery have to clean it up and what does he have to do to become compliant if he does not have a special use permit? Mr. Thompson responded if Mr. Kingery does not obtain the special use permit, he would have to clean up the entire site as there is a court date of March of next year that it needs to be cleaned up by. Supervisor Altizer asked if the March date was set by the court or by the County with Mr. Thompson responding that it was set by the Court. Chairman Church then provided to the Board additional photographs of the site that he had personally taken indicating piles of asphalt, oil tanks, wood, cinderblock, rubber, motor oil, rusted equipment. Chairman Church commented that these are things he does not feel should be in any area of the County. Chairman Church further indicated due to the quantity of "debris ", quite a bit of items that are broken down, rusted out, windows out in trucks, oil tanks, etc. he is concerned and does not assist him in making a favorable determination. Chairman Church indicated that he attempts to go out and look at every petition coming before the Board, and inquired if Mr. Thompson has been out to the site recently. Mr. Thompson advised the Planning Commission was taken to the site before the December 6 t " public hearing. Mr. Thompson further indicated that when comparing the photos in the staff report, Mr. Kingery has done some work; some things have been cleaned up. He advised the Planning Commission saw that some clean -up work had taken place and there has been some activity within the last couple of weeks; some of the materials that Mr. Kingery had mentioned, i.e. inlets, manholes, etc. and, some of the trailers had been removed. Chairman Church then asked Mr. Thompson first to please take a look at the photographs and if he saw the site in this condition and secondly, if these items were removed, where did they go? He indicated that he felt there are possible Department of Environmental Quality problems if these items were buried and there may be some contamination. Supervisor Elswick commented that the site looks like a "dump" and was surprised the Planning Commission has recommended to the Board they approve a special use permit to allow a "dump" for three more years. Chairman Church asked Mr. Kingery if he had the correct site with Mr. Kingery advising that these photographs are probably the most recent because he had cleaned up half of the project, because half of the property is commercial. Mr. Kingery asked if the Board had been out or was just looking at the pictures because these pictures are in just one little area, which is behind an embankment. 488 December 14, 2010 Chairman Church responded he was out at the site and went from one end of the property to the other and if these items are no longer there, where are they? Mr. Kingery responded the items are still there. He explained the wood is fire wood that is burned and he uses the asphalt to keep from getting mud on Rt. 220 when the road is muddy. Supervisor Altizer inquired of Mr. Thompson when the County found out about this site, with Mr. Thompson responding in April of 2010. Mr. Kingery stated one complaint came to the Zoning Board advising that while traveling down Rt. 220 the citizen could see the dirt bank; and this was the only complaint. He further added he does not have a place to put the material until it is sold. Supervisor Elswick responded by stating Mr., Kingery operates a construction company so he should be accustomed to hauling stuff to the County dump. Why this stuff couldn't be hauled to the dump with Mr. Kingery responding some could be hauled to the dump. Supervisor Elswick inquired if Mr. Kingery really thought it would take three (3) years to clean the site? Mr. Kingery responded that is what he has asked for; as there is material that he would like to sell or reuse on jobs that he does not have anywhere else to store. Supervisor Elswick indicated that the material should have never been put there to begin with based on the zoning and appears to reveal a deficiency in our system. Mr. Thompson responded by stating The Board has the right to set the conditions, what they feel is appropriate. These conditions are what the Planning Commission recommended, if the Board thinks three years is too long, a sunset clause can be added that is less than that if the Board so chooses as the conditions are what the Board feels is appropriate given the impact of the development or proposed development or in this case, the existing development. Chairman Church stated that in his opinion, this is not marginal; this is just full of junk; broken out windows, rusted vehicles. He further stated that he cannot see how that in the wildest stretch could be construed as construction material. The truck is ready for scrap metal. There are oil pits; it is just an assortment of too much for any area of the County. Supervisor Elswick commented for the Board to be asked for a special use permit for a junk yard is just so farfetched; he commented further that he cannot believe it was brought before this Board. Staff should have simply stated to Mr. Kingery, he has three months, clean it up, restore it and put it back into the way it should be as far as the zoning for the area. Mr. Thompson responded by stating the applicant submitted the application and Chairman Church reminded the Board it had a request before them that required action. Supervisor Moore advised she was at the property a couple of days ago and would say fifty percent (50 %) of what is shown in the pictures is gone. She asked Mr. Kingery again what was done with the material that was there. Mr. Kingery responded most of that cleanup was manholes and firewood and has been moved behind the buffer where it cannot be seen. Mr. Kingery added that all of the pictures are of one little area about as big as this room. December 14, 2010 489 Chairman Church commented that he took the photographs and it is an area probably ten (10) to thirty (30) times the size of this room; stating it was a large enough area that he had to drive one way and turn around and come all the way back to the other end. He further commented that he thinks he is more than reasonable, but this is something that is totally unreasonable to affirm. He further stated if it was close, it would be different, but it is not a small area; and Mr. Kingery has piles of brick, wood, trailers and an assortment of just about everything. Chairman Church stated if he voted yes, he would be doing a disservice to the Cave Spring community. Supervisor Moore advised numerous community meetings had been held on comprehensive plans over the past couple of years and this particular property is located in the core area which means it is primarily commercial and this property does adjoin Rt. 220, citizens can see it from Yellow Mountain Road, citizens can see it from Rt. 220. The dirt has been disturbed and you can see it. Supervisor Moore stated that due to these circumstances and the way the property looks, she advised she does not think a construction yard is appropriate for this site. Supervisor Flora stated from looking at the pictures, as he has not been out on the site, there is a substantial amount of debris out there. He further commented if he were wearing his other hat, and he was issuing a zoning violation, he would not hesitate one minute issuing a notice of violation. The dilemma for Mr. Kingery is that it is impossible for him to clean this up between now and March, even if he wanted to given the weather. On the other side of the coin, if he was sincere about cleaning it up, then he should have substantially cleaned it up by the time he came before this Board for a public hearing. He added what concerns him more than anything else; the debris that has been moved has been moved to another place on the same property and there is still a violation. He added he does not care if it is one side of the hill or the other hill, if it is now zoned properly, it is still a violation. He indicated Mr. Kingery cannot move stuff around to get out of a violation in a zoning ordinance. Supervisor Flora stated he agreed with Ms. Moore, it is not an appropriate use for the property, even if there was nothing on it and you wanted to start from scratch. Additionally, he noted that he is not sure that it would be appropriate to approve it just because it has been used for twenty years as a dump site. If Mr. Kingery had come back in and said he would have it cleaned up by October of 2011, maybe he would feel differently about it. Chairman Church stated he concurs with Supervisor Flora Supervisor Altizer stated that Supervisor Flora said it very well. Supervisor Altizer advised he is trying to hone in on the time this property was first cited. He added that he does not think anyone at this point would consider a time frame of three years. Additionally, he noted the Court hearing is in March and if it was a six - month time frame, even after that, it might have been something that you could really consider. Based on the amount of debris that is there, he just does not see how it is possible this could be approved. He added there is a lot there, three years is too long a period to consider, with the amount of material and the time frame, and he cannot support approving this request. 490 December 14, 2010 ORDINANCE 121410 -17 DENYING A SPECIAL USE PERMIT FOR OPERATION OF A CONSTRUCTION YARD ON A 3.81 ACRE PARCEL OF REAL ESTATE ZONED AGRICULTURALNILLAGE CENTER DISTRICT (AV) LOCATED IN THE 6000 BLOCK OF FRANKLIN ROAD (TAX MAP NO. 98.04 -02- 27.01) CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF KINGERY BROTHERS ASSOCIATES WHEREAS, the first reading of this ordinance was held on November 16, 2010, and the second reading and public hearing were held December 14, 2010; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 6, 2010; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Moore to deny the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 3. The petition of Fellowship Community Church to obtain a Special Use Permit in a C -2, General Commercial, District to operate a religious assembly on 4.088 acres, located at 7210 Williamson Road, Hollins Magisterial District Mr. Philip Thompson, Deputy Director of Planning, reviewed the petition and its specifics. Mr. Thompson advised that one citizen came forward with approval and one condition was outlined. Mr. Tim Ward of 5811 Old Maynard Drive, Roanoke, Virginia spoke on behalf of the petitioner. He advised he is a zoning administrator for Botetourt County so he is familiar with the process here. He stated that he is a member of Fellowship Community Church currently in Salem, on Red Lane and they have approximately 1200 members there. Mr. Ward further explained that the church did a demographics study and found most of their growth is coming from the 24019, 24012 areas. Accordingly, the congregation decided to expand and looked extensively in the North County area for a location. He stated this particular location fits best and will allow the church to build the sanctuary size that is needed. Mr. Ward stated congregants are currently meeting at Read Mountain middle school with a six month lease and are required to move out of that location at the end of the lease. Additionally, Mr. Ward stated that the church does a lot of community outreach within the area and hopes to be an asset to not only the December 14, 2010 491 North Market Village but also to the North County area. He reiterated they only will be using 8900 square feet and the special use permit is only for those 8900 square feet and not for the entire four (4) acre parcel. Supervisor Flora asked if this location was between Goodwill and Alejandros, with Mr. Ward responding in the affirmative. Supervisor Flora asked if there was something on the site now with Mr. Ward responding there is currently an A to Z store; the wife of gentlemen that runs the store is ill and he has not been running the store for the last several months. Supervisor Flora stated he was asking because he was just out there and did not see any vacant spaces. Mr. Ward responded by advising the current occupant still has everything in there and believes he has opened up in an attempt to move some of the merchandise. Chairman Church advised he lives about a one half mile from the Red Lane and everything seems to be done just as promised. Chairman Church further commented this church been a very favorable asset to his area of Roanoke County. ORDINANCE 121410 -18 GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY IN C -2 WITHIN AN EXISTING 8,900 SQUARE FOOT BUILDING LOCATED IN THE NORTH MARKET VILLAGE SHOPPING CENTER AT 7210 WILLIAMSON ROAD (TAX MAP NO. 27.14- 02 -04) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF FELLOWSHIP COMMUNITY CHURCH WHEREAS, Fellowship Community Church has filed a petition for a special use permit for religious assembly to be located at 7210 Williamson Road (Tax Map No. 27.14- 02 -04) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 6, 2010; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 16, 2010; the second reading and public hearing on this matter was held on December 14, 2010. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Fellowship Community Church for religious assembly within an existing 8,900 square foot building located in the North Market Village Shopping Center at 7210 Williamson Road in the Hollins Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: a) The religious assembly use shall not exceed 8,900 square feet. 492 December 14, 2010 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 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 Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore asked everyone to please help remember our servicemen and women who will not be home for the holidays; we love and appreciate them all. Supervisor Altizer thanked the Board for everyone's part in requesting the Commonwealth Transportation Board to limit tractor trailers coming over Rt. 116, and stated he thinks it is a decision the Board can all look to in the future for savings lives. Based on that type of highway and the things that have occurred there, it is great for the citizens of Franklin County, Roanoke County and really everybody in this valley who travels that mountain to Smith Mountain Lake or to go to that part of Franklin County. Supervisor Altizer thanked all the Board members for their support and to the Commonwealth Transportation Board for recognizing the safety concerns. Secondly, he stated he would like staff to communicate to the regional commission and would like to see us again invite the City of Salem, Roanoke City, Roanoke County and the Town of Vinton to look at regional stormwater basins. He stated he knows there was a study done back in the mid to late 90's that the regional commission did and some of those locations might well be still viable today and some of them may not because of the growth that has occurred since. Supervisor Altizer reiterated stormwater management is something the Board takes seriously and thinks it is prudent for us to look into where Roanoke County can work with other localities and try to look at a regional approach on regional stormwater and take a look at what that would cost. He added if Roanoke County could get participation from all surrounding localities it could be a cost all localities could afford. Supervisor Altizer asked that the process be started and expressed his hope the Chairman could proceed. Supervisor Flora wished everyone a very Merry Christmas and Happy New Year. He further stated he was publically asking that staff thank the Police Department for the way they handled the Brittany Smith abduction. He stated he thinks they did a masterful job of keeping the issue before the public over and over again until it finally got enough national attention that someone actually saw them and reported it. He commented he thinks the Roanoke County Police Department did a fabulous job; they brought the right people in, they did the right things at the right time and it just December 14, 2010 493 worked out beautifully. Everyone is thankful. Supervisor Elswick stated Chief Lavinder performed admirably and was an excellent representative of Roanoke County. He further commented that on one of the channels, the commentator said he was like an Andy Griffith and he hoped the Chief appreciates that because he did look good, he made Roanoke County look good and Supervisor Elswick expressed his opinion he ought to be commended. Supervisor Elswick advised that he felt that a letter of appreciation or some token of our appreciation should be sent to Theresa Shanley (the girl in San Francisco) who alerted the police. Additionally, Mr. Elswick stated that he would like to propose staff continue to talk about a citizen survey as he is a citizen advocate and thinks the Board should also be citizen's advocates; as the County does not get enough input from civic leagues because not all areas have them. He advised the ones that he attended, the people there provide a lot of good input as to what their opinions are, what they think Roanoke County ought to be doing, what they think Roanoke County should not be doing, but there is not enough Civic Leagues in the County. He reiterated he thinks a good citizen survey is something that ought to be done and kept on our agendas. Supervisor Elswick then advised there has been all kinds of information, all kinds of letters to the editor and editorials in the newspaper about the large wind mills. He stated he thinks it is time that the County conduct a symposium of some kind and let anybody who has an input, who is affected at all, who has good statistical data to present; good rationale; one side or the other side that the County ought to sponsor such a thing as a symposium for people to come in and speak or organizations to come in and speak for or against those things. He added that based on some of the letters to the editor and some of the editorials, people are calling each other names and he thinks that ought to stop. He further added some of the people on Bent Mountain have been called zealots; that is not nice and there is no reason for it. "If you want a windmill, then say you want it and explain why. If you don't want one, say I don't want a windmill and explain why, but don't call each other names." Supervisor Elswick stated that it is his opinion as a County, if we sponsor a symposium where all sides could speak and have their opinions heard, make sure that the Planning Commission people hear what is said and how the meetings are conducted, and make sure all the Supervisors are there, the issue could be aired openly and publically for all the people who ought to be listening to it. Supervisor Elswick wished everyone a happy holiday. Chairman Church thanked each Board member. He further advised that Roanoke County has had some tough times this year, some tough economic times, a lot of challenges and he wanted to take this opportunity to say thank you to each Board member and to all the County employees and staff because everyone pulled together and worked for the betterment of the people we serve. Additionally, Chairman Church noted he always comments at Christmastime, why people cannot treat everyone like it is Christmas all year long, it is a shame because for a twenty -five day period people hold the door open, help each other and any other time push them out of the way. Chairman Church commented he thinks everyone needs to find a way to treat each r 494 December 14, 2010 other with sincerity and respect all year. Chairman Church stated that Roanoke County had a very trying and sad occurrence that happened in the Catawba district that Mr. Flora and Mr. Elswick had mentioned. He advised that he called and thanked Ray Lavinder and had notes to do exactly what each had said. Chairman Church then asked Mr. Goodman and Mr. Mahoney to prepare a special thank you to the Salem Police, the Salem police, the FBI, the National Endangered Child Group as well as the lady in San Francisco; think outside the box and thank them in a special way. Chairman Church commented the community has lost a mother and offered the Board's condolences to the family. Merry Christmas and God bless. IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 8:13 p.m. S Lbi tted Approved by: r D ?- 13eborah C. &6cks VJoseph B. "Butch" Church Clerk to the Board Chairman