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HomeMy WebLinkAbout2/28/2012 - RegularFebruary 28, 2012 117 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of February 2012. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:01 p.m. The roll call was taken. He announced that Supervisor Elswick was ill and Supervisor Altizer would join the meeting at 3:30 p.m. MEMBERS PRESENT: Chairman Richard C. Flora; Supervisors Joseph B. "Butch" Church and Charlotte A. Moore MEMBERS ABSENT: Supervisors Michael W. Altizer and Eddie "Ed" Elswick STAFF PRESENT: B. Clayton Goodman III, County Administrator; Diane D. Hyatt, Assistant County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Paul M. Mahoney, County Attorney and Deborah C. Jacks, Clerk to the Board IN RE: OPENING CEREMONIES Before the invocation was given, Chairman Flora turned the meeting over to Supervisor Church who asked for a moment of silence for soldier T. J. Conrad who was killed on February 23, 2012. Mr. Conrad was a 2007 graduate of Northside High School. Supervisor Church requested that Mr. Goodman research a fitting memorial in one of Roanoke County's parks and to have a special ceremony for Mr. Conrad's family. Chairman Flora stated the Board would keep the family in their prayers. The invocation was given by Father Tom Reeves of the Church of St. Peter and St. Paul. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of visitors from Kota City, Japan (Diana Rosapepe, Director of Library Services) 118 February 28, 2012 Mr. and Mrs. Shigetada Narita are in Roanoke to attend the opening of a special exhibit of the Japanese Friendship Dolls at the Taubman Museum of Art. The exhibit, which begins on March 1, 2012, is jointly sponsored by the museum and the libraries of Roanoke County and Roanoke City. Also in attendance were Kinuko and Richard Jambor. Chairman Flora presented the Narita's with a Roanoke County quilt. All Supervisors offered their welcome and thanks. IN RE: BRIEFINGS 1. The Bicycle Friendly Community Program (Bill Nesper, Vice President of Programs for the League of American Bicyclists) David Harrison introduced Mr. Bill Nesper who provided a PowerPoint presentation, a copy of which is on file in the office of the clerk to the Board of Supervisors. Mr. Nesper is attempting to obtain a regional effort. 2. Annual update from the Roanoke Valley Greenway Commission (Liz Belcher, Roanoke Valley Greenway Coordinator) Ms. Belcher provided the annual update from the Roanoke Valley Greenway in the form of a PowerPoint presentation, a copy of which is on file in the office of the clerk to the Board of Supervisors. Ms. Belcher recognized Mark McClain, Cassie Archambault, Jim Lee, Jim Ritchie from the Greenway Commission and Doug Blount, Director of Parks, Recreation and Tourism and Lindsay Blankenship, Greenway Coordinator from Roanoke County staff. She indicated the budget has not increased from prior year. IN RE: NEW BUSINESS 1. Resolution establishing the parameters for seeking a Staffing for Adequate Fire and Emergency Response (SAFER) grant for six (6) grant funded Fire /Rescue Department positions (B. Clayton Goodman III, County Administrator) Mr. Goodman outlined the resolution and advised it had been discussed during a work session on February 14, 2012. Supervisor Church stated our Board has historically been supportive of our public safety personnel, does not need to remind anyone of the financial difficulties. This year and the next several years will be our most challenging budgetary years. He concurs that the Board should go forward and be financially prudent. Chairman Flora stated Supervisor Church's comments were on target and the door needs to remain open. There was no further discussion. February 28, 2012 119 RESOLUTION 022812 -1 ESTABLISHING THE PARAMETERS FOR SEEKING A STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT FOR SIX GRANT FUNDED FIRE /RESCUE DEPARTMENT POSITIONS WHEREAS, by consensus on Tuesday, February 14, 2012, the Roanoke County Board of Supervisors (RCBoS) authorized the Roanoke County Fire and Rescue Department to submit a grant application for the Staffing for Adequate Fire and Emergency Response (SAFER) grant; and WHEREAS, the goal of the SAFER grant is to enhance the local fire department's abilities to comply with the staffing, response and operational standards; and WHEREAS, the Department requested and received consensus to apply for the SAFER grant seeking funding to hire six (6) additional paramedic /firefighters for the Mt. Pleasant Station (Station) based on the department's five -year plan and the additional six (6) positions will allow 24/7 staffing of an ALS ambulance or fire engine at Mt. Pleasant; and WHEREAS, the 2012 SAFER grant provides funding for two (2) years and no longer requires continuing funding for approved grant funded positions after the expiration of the grant; and WHEREAS, the SAFER grant would provide funding of approximately $640,000 ($320,000 annually) for the six (6) positions and the Department agrees to fund personal protective equipment and uniforms costs estimated to be approximately $30,000 for the two (2) year grant period; and WHEREAS, the County is facing projected budget deficits due to lower revenue estimates and higher operating costs for VRS and other expenditures, and the availability of funds to replace the lost grant funded positions in year three is not known. NOW, THEREFORE, BE IT RESOLVED, that the RCBoS confirms its consensus to seek the six (6) positions via an upcoming SAFER grant application; and BE IT FURTHER RESOLVED that during the County's budget preparation in the second year of possible grant funding, County staff will evaluate midyear the likelihood of the availability of funds to replace lost grant funds. If funds are unlikely to be available to fund the lost grant funds of $320,000 annually and ancillary equipment costs, the County Administrator is directed to freeze hiring of vacant positions in the Fire and Rescue Department until staffing is adjusted in the department to pre -grant levels; and BE IT FURTHER RESOLVED, that the six (6) grant- funded positions will be classified as "grant funded positions" in the County Class Plan, until such time as it is shown they can be permanently funded within the budget. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: 20 February 28, 2012 AYES: Supervisors Moore, Church, Flora NAYS: None ABSENT: Supervisors Altizer, Elswick IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of the Western Virginia Water Authority to obtain a Special Use Permit for a major utility service in an R -1, Low Density Residential, District. The major utility service involves the construction of a standpipe water tank approximately 102 feet in height with a 10 -foot antenna on 0.51 acre, located at 4968 Northridge Lane, Catawba Magisterial District Supervisor Church moved to approve the first reading and set the second readings and public hearings for March 27, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora NAYS: None ABSENT: Supervisors Altizer, Elswick 2. The petition of the Western Virginia Water Authority to obtain a Special Use Permit for a broadcasting tower approximately 120 feet in height in an AG -3, Agricultural /Rural Preserve, District on 0.121 acre, located at 2857 Summit Ridge Road, Hollins Magisterial District Supervisor Flora moved to approve the first reading and set the second readings and public hearings for March 27, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora NAYS: None ABSENT: Supervisors Altizer, Elswick IN RE: FIRST READING OF ORDINANCES 1. Ordinance approving and authorizing Amendment No. 2 to Roanoke Valley Regional Cable Television Committee Agreement among the County of Roanoke, the City of Roanoke and the Town of Vinton (Joseph B. Obenshain, Senior Assistant County Attorney) February 28, 2012 121 First, Mr. Mahoney advised the Board that Mr. Obenshain would be retiring tomorrow and this would be his last official act. All Supervisors recognized Mr. Obenshain's twenty -four (24) years of service. Mr. Obenshain explained the ordinance and recognized Elaine Bays Murphy, for an outstanding job. There was no discussion. Chairman Flora moved to approve the first reading and set the second reading for March 27, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora NAYS: None ABSENT: Supervisors Altizer, Elswick 2. Ordinance approving a lease with StellarOne Bank for approximately 5190 square feet of space in the Social Services Building at 220 East Main Street, Salem, Virginia (Daniel R. O'Donnell, Assistant County Administrator) Mr. O'Donnell explained the need for the ordinance and the renewal of the lease for the building known as the "Salem Bank and Trust." There was no discussion. Supervisor Church moved to approve the first reading and set the second reading for March 27, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora NAYS: None ABSENT: Supervisors Altizer, Elswick IN RE: APPOINTMENTS 1. Length of Service Awards Program (LOSAP/VIP) The LOSAP/VIP Board has re- elected the following two volunteers to serve a four -year term: Sonja Stump, Bent Mountain Rescue (term expires 1/2016); Chief Colin Gee, Mount Pleasant Fire Company (term expires 1/2016) and Doug Adams, Vinton Rescue (term expires 1/2014). Chairman Flora requested the Clerk confirm their willingness to serve. Confirmation of these appointments has been placed on the consent agenda. IN RE: CONSENT AGENDA 22 February 28, 2012 RESOLUTION 022812 -2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for February 28, 2012 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Approval of minutes — January 24, 2012 2. Confirmation of appointments to the Length of Service Awards program (LOSAPNIP) On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora NAYS: None ABSENT: Supervisors Altizer, Elswick A- 022812 -2.a IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Ms. Linda Williams of 2436 Westmont Street, NW in Roanoke, Virginia stated she was present to address the Board on a matter of traffic safety. She stated she is a member of the Catholic Church and has been attending Our Lady of Nazareth Catholic Church off and on during Lent. She has noticed a problem with members of the church exiting the church property onto Electric Road. She advised she is going to refer to the intersection in terms of familiar landmarks. As members exit towards Cave Spring Corners they turn right, as they exit towards Salem they turn left. Recently, during a Lenten early morning mass, a car was observed by her to cross Electric Road section heading towards Cave Spring to make its turn left by stopping in the middle of Electric Road, thereby blocking the left turn which allows cars to enter the residential area and Lutheran Family Services, which is located at the entrance of that area directly across from Our Lady of Nazareth Church driveway making an intersection on Electric Road. It was stopped and slightly angled towards Salem waiting to enter the flow of traffic towards Salem into the fast lane. She stated she saw this as a potential hazard as many seniors do attend mass, because they have more time in their schedules to do so and often seniors tend to drive very long cars. So, I just wanted to address this matter and she advised she had spoken with the Pastor of the parish, as this is not her parish as she is a member of St. Andrews parish in Roanoke City. There are 1,450 February 28, 2012 123 members of Our Lady of Nazareth parish. They also have a swimming pool, which causes the property to be in rather constant use in the summertime. She explained she had lived in a larger city than Roanoke and it seems to her that she remembers at one point there was a traffic signal that came on only as it was needed and she thought perhaps the County could consider having some sort of traffic control under the drive strip of the entrance of the property to allow cars making the left turn to have the traffic light come on and stop the traffic on Electric Road before there is another fatality. Monsignor advised her there was a fatality at this intersection on a Christmas Eve, a young man using his cell phone to talk to his girlfriend rear -ended another vehicle at the time of the accident, there was actually a police officer present directing traffic and this still occurred. So, this is obviously a dangerous intersection and for the protection of all of the parishioners at Our Lady of Nazareth she asked for traffic controls be considered again. Chairman Flora advised he would ask Mr. Goodman to refer this to the Virginia Department of Transportation whose responsibility it belongs. IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of January 31, 2012 5. Statement of Budgeted and Actual Revenues as of January 31, 2012 6. Statement of Budgeted and Actual Expenditures and Encumbrances as of January 31, 2012 7. Accounts Paid — January 2012 IN RE: CLOSED MEETING At 4:10 p.m., Chairman Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2 -3711 A 1.Personnel, namely discussion concerning appointments to the Economic Development Authority; Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) and Section 2.2.3711.A.29 Discussion of the award of a public contract involving the 124 February 28, 2012 expenditure of public funds where discussion in open session would adversely affect the bargaining position or negotiating strategy of the Board, namely performance agreement with the Economic Development Authority and Virginia Blue Ridge, LLC. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora NAYS: None ABSENT: Supervisors Altizer, Elswick The closed session was held from 5:05 p.m. until 5:30 p.m. IN RE: WORK SESSIONS meeting. At 4:12 p.m., Chairman Flora recessed to the fourth floor and closed 1. Work session to discuss fiscal year 2012 -2013 budget development (W. Brent Robertson, Director of Management and Budget) In attendance for this work session were B. Clayton Goodman III, County Administrator; W. Brent Robertson, Director of Management and Budget; Diane D. Hyatt, Assistant County Administrator. The work session was held from 4:30 p.m. until 5:00 p.m. Mr. Robertson advised that the session concerning contributions to outside agencies will be postponed until the next meeting at the request of Supervisor Elswick. He indicated that departmental budgeting reductions were still being worked on and would be brought back to the Board at the first meeting in March. He indicated there will be minimal impact to services. Mr. Robertson stated with regard to the State budget it is still undecided. Supervisor Altizer stated as he understands it, both House and Senate gives more money to education, the Senate is $130 million higher than the House at $165.00, with Mr. Goodman confirming. On the aid to the State, the Governor's budget had a reduction, but the Senate's version is down to $33.5 million and it is currently $60 million. Mr. Robertson affirmed that Supervisor Altizer is correct and stated one version takes it to half and the other takes it away for one year. Looking at our fiscal 2013 year, it could mean as much as $570,000 or $238,000. Supervisor Altizer than asked if the House keeps VRS at the Governor's budget, with Ms. Hyatt responding the House version stated the localities could use the same rate that the State was using for their VRS, which was eight percent (8 %). She stated she was conflicted on whether she February 28, 2012 125 liked it or not because Roanoke County was seven and one half percent (7 1/2 %) last year and this was taking us to eight percent (8 %), so we are moving backwards. She reiterated it would actually save a great deal of money, $2.5 to $3 million, but it is a "loan on your charge card." She explained it would save $2.5, but will have to pay more in the long term because it is being underfunded. Supervisor Altizer asked what was the State's actual return on the pension fund last year, double digits responded Mr. Goodman. Ms. Hyatt explained the fault is with the discrepancy between what the actuary has and what you are funded and the locality looks like they are underfunded. They are not changing what the actuary has to report, just how you fund it. Chairman Flora stated the localities are going to end up having to pay part of the State's and they are going to figure out how to do it without us even knowing it. Ms. Hyatt outlined both versions had different mechanisms of ways to do this, but they were both attempting to have the State pay for the portion of the Schools VRS that was caused by the State taking the loan out of the VRS pool last year. They broke out a separate piece that was related to that loan so that the State could pay it back completely and it would not have to be matched. Supervisor Altizer advised there were a couple of bills, but there was one in VRS, a bill that would make all localities give a five percent (5 %) raise and make everybody pay five percent (5 %). If that were to be enacted, then the $72 million in savings with what was done last year would be gone, we would not realize those savings if we had to go the other route, correct? Ms. Hyatt asked does Supervisor Altizer mean the projected future savings from the new hires, with Supervisor Altizer responding in the affirmative. Ms. Hyatt stated the benefit from that had already been received and we would still have the benefit in the future, but there is no benefit from passing along to the Plan 1's. Supervisor Altizer then asked if that bill had died with Ms. Hyatt responding it is still in one version. Supervisor Altizer then asked if the marijuana bill is still alive with Mr. Mahoney explained he believes this has passed, but for some strange reason they are bouncing it around in two different committees and is not sure why. Mr. Robertson stated revenue projections would be brought to the Board on March 13 both State and local. Christmas sale numbers were up over last year. Meals tax continues to sustain growth. Real estate is still languishing. He advised they still receive a lot of conflicting data about how housing is doing. The Commissioner has run a trial on personal property and will be updated at the same meeting in March. Business licenses are lagging behind. Mr. Goodman explained a few of the departments had been talked to and not only have they been asked to reduce their budgets, several departments have advised they have many challenges they are facing and are having to deal with the issue of buying replacement equipment; things of that nature. For example, there is no full time custodial service in the Administration Building. This is the type of things staff are doing and are coming to the end of the rope. Chairman Flora advised ultimately these reductions will impact services. 126 February 28, 2012 The County is in the business to provide service, so when you continue to cut eventually some services will go. Mr. Goodman stated for example, Joe Obenshain is retiring and has spoken with Mr. Altizer; we are not going to send an attorney over there. Additionally, a staff person will handle taking the minutes and ultimately will be at the end of the road. Mr. Robertson advised the draft CIP document with a total of $87 million was included in the budget materials. There will be no funding this year; 2013 -2014 will be the year to fund. He asked and received for confirmation to schedule the advertisements for the tax rates at the existing rates. Chairman Flora then asked for an additional budget work session on April 3 2012, with Supervisors Altizer, Moore confirming the date. Supervisors Church and Elswick would be asked regarding the April 3 rd date and a date would be confirmed after speaking with the other Supervisors. IN RE: CERTIFICATION RESOLUTION At 7:00 p.m., Chairman Flora moved to return to open session and adopt the certification resolution. Supervisors Church and Elswick were absent. RESOLUTION 022812 -3 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora NAYS: None February 28, 2012 127 ABSENT: Supervisors Church, Elswick IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Emergency Communications Center 2011 Employee Recognition (Bill Greeves, Director of Communications and Information Technology) In attendance for this recognition were Bill Hunter, Assistant Director of Communications; Hope Huffman, Communication Officer of the Year; Beverly Orange, Communication Supervisor of the Year (community outreach); Angela Parker, Rookie Communications Officer of the Year and Aleta Coleman was present representing the day shift and twenty (20) plus years of service. Mr. Greeves stated he was incredibly proud of the entire group. All Supervisors offered their thanks and congratulations. IN RE: PUBLIC HEARING AND APPROVAL OF RESOLUTION 1. Planting project at the intersection of Williamson Road and Plantation Road (Megan Cronise, Principal Planner) Ms. Cronise outlined the project and proposed the collaboration with Willilamson Road Business Association and Friendship Manor. There is no cost to the County. There was no discussion. Wendy Jones, Williamson Road Areas Business Association 4804 Williamson Road wanted to let the Board know they are very excited about this project. She further advised they would be meeting next week to award the contract. RESOLUTION 022812 -4 OF ENDORSEMENT FOR THE LANDSCAPING PROJECT AT THE INTERSECTION OF WILLIAMSON ROAD AND PLANTATION ROAD IN ROANOKE COUNTY, VIRGINIA WHEREAS, Friendship Retirement Community and the Williamson Road Area Business Association have committed to fund and maintain for five years new landscaping and signage at the intersection of Williamson Road and Plantation Road in Roanoke County, Virginia; and WHEREAS, this landscaping and signage project would implement Roanoke County's Plantation Road Bicycle, Pedestrian and Streetscape Improvement Project; and WHEREAS, this Plantation Road Project would implement the County's 2008 Hollins Area Plan, which is a component of the 2005 Roanoke County Community Plan; and 28 February 28, 2012 WHEREAS, these improvement activities fall under the Virginia Department of Transportation (VDOT) Comprehensive Roadside Management Program; and WHEREAS, this VDOT program requires the local governing body to hold a public hearing and adopt a resolution of endorsement prior to project approval by VDOT; and WHEREAS, the Board of Supervisors (BOS) was briefed on this project in a work session on February 14, 2012 by County staff and the Board held a public hearing on this project after advertisement as required by law on February 28, 2012. BE IT RESOLVED BY THE BOS OF ROANOKE COUNTY, VIRGINIA, AS FOLLOWS: 1. That the Board finds that this landscaping and signage project at the intersection of Williamson Road and Plantation Road is consistent with the goals of the County's 2008 Hollins Area Plan, which is a component of the 2005 Roanoke County Community Plan. 2. That the Board accepts the offer of the Friendship Retirement Community and the Williamson Road Area Business Association to fund and maintain for five years the landscaping and signage at the intersection of Williamson Road and Plantation Road. 3. That the Board hereby adopts this Resolution of Endorsement for the landscaping project at the intersection of Williamson Road and Plantation Road, and requests the Virginia Department of Transportation to approve this project under its Comprehensive Roadside Management Program. 4. That the Clerk to the BOS is directed to send a copy of this resolution to the Virginia Department of Transportation, Friendship Retirement Community and the Williamson Road Area Business Association. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora NAYS: None ABSENT: Supervisors Church, Elswick IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. The petition of Robert W. Blank and Anna R. Ferro to rezone approximately 12.723 acres from R -1, Low Density Residential, District to AR, Agricultural /Residential, District, located near the 7500 Block of Mount Chestnut Road, Windsor Hills Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson explained the petition and advised it was to construct a storage building. Planning Commission approved 5 -0 with three proferred conditions February 28, 2012 129 that the petitioner has agreed to. Mr. Blank advised Mr. Thompson laid out the project very well. He reiterated this storage building will be equipment storage for tractor and trailer. No citizens spoke. Chairman Flora advised this item is to be deferred to the next meeting at the request of Supervisor Elswick. 2. Ordinance amending the Roanoke County Zoning Ordinance by revising /amending Section 30 -73 ECO Emergency Communications Overlay District (John Murphy, Zoning Administrator) Mr. Murphy outlined the ordinance and map amendment and advised Rodney Thompson was in attendance to answer any questions. Planning Commission voted to approve four to zero. There were no citizens to speak on this item. There was no discussion. ORDINANCE 022812 -5 AMENDING SECTION 30 -73 ECO EMERGENCY COMMUNICATIONS OVERLAY DISTRICT OF THE ROANOKE COUNTY ZONING ORDINANCE AND ADOPTING A MAP ENTITLED " ROANOKE COUNTY EMERGENCY COMMUNICATIONS ZONING MAP" WHEREAS, emergency communications are critical to the public health, safety and welfare of the citizens of Roanoke County; and WHEREAS, imposing limitations on the erection of structures or objects of natural growth which may interfere with emergency communications is a valid public purpose; and WHEREAS, public necessity, convenience, general welfare and good zoning practice requires the adoption of these amendments to the Roanoke County Zoning Ordinance; and WHEREAS, the first reading of this ordinance was held on February 14, 2012; and the second reading and public hearing was held on February 28, 2012. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Zoning Ordinance be amended to read and provide as follows: SEC. 30 -73. - ECO EMERGENCY COMMUNICATIONS OVERLAY DISTRICT. Sec. 30 -73 -1. - Purpose. (A) This overlay district is established for the general purpose of protecting the health, safety, and general welfare of the public by restricting the height of certain structures and objects of natural growth which lie within established fire, police and emergency services communication corridors. Such structures and objects can interfere with routine 130 February 28, 2012 and emergency communications which are necessary to protect against the loss of life, health, or property. Sec. 30 -73 -2. - Creation of Overlay. (A) The requirements of this section shall be considered an overlay to the underlying zoning district designations as shown on the Official Zoning Map. As overlay regulations, this section shall be supplemental to the underlying zoning district provisions. Sec. 30 -73 -3. - Emergency Communication Zones. (A) Emergency communication zones are hereby established. These zones shall include all of the land lying beneath and within one hundred (100) feet to either side of the transmission paths of emergency communications from a microwave transmission system, and shall also include all of the land lying beneath and within 100 -foot buffer around the paging sites and a buffer of varying widths for the line of sight systems. These emergency communication zones are shown on a map entitled "Roanoke County Emergency Communications Zoning Map," dated February 28, 2012. This map shall be kept as a supplement to the official zoning map. (Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -73 -4. - Height and Use Limitations. (A) No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow to a height which could obstruct the transmission of emergency communications. (B) No use may be made of any property which would create interference with the transmission of emergency communications. Sec. 30 -73 -5. - Permits. (A) Any application for a building permit for construction on any property located within an emergency communication zone shall be evaluated by the Zoning Administrator and referred to the CommlT Department as needed. (B) The applicant shall satisfy the CommlT Department that the proposed structure will comply with the height and use limitations of this section. (Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -73 -6. - Appeals. (A) Any decision of the CommlT Department with regards to the requirements of this section shall be considered a decision of the administrator, and may be appealed to the board of zoning appeals pursuant to the provisions of this ordinance. (Ord. No. 042799 -11, § 2 4- 27 -99; Ord. No. 042208 -16, § 1 4- 22 -08) 2. That this ordinance is in full force and effect from and after its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora NAYS: None ABSENT: Supervisors Church, Elswick February 28, 2012 131 IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke. Mr. Noah Tickle of 1603 Frosty Lane, Salem, Virginia stated, "Global sustainability requires the deliberate quest of poverty, reduced resource consumption ... and set levels of mortality control. " - Professor Maurice King. Well, Mr. King, Jesus said, "The Poor will always be with us" and also indicated that the individual and brethren must show charity. Mr. Tickle stated it is not the Government to be anyone's nanny; we must "ALL" eat our bread by the sweat of our brow indicated by King Solomon and Apostle Paul. In simple terms Agenda 21 Sustainable... Development, ICLEI founder is the end of civilization as we know it. It is the end of private property, the elevation of the so- called worthy collectives over the individual. It is the redistribution of America's wealth to the global elite, it is the end of the "Great American Experiment ", "The American Dream" and "The Constitution" and it is the reduction of 85% of the world's population. Today's head count is approximately seven (7) billion. That means they would, if they could, eliminate approximately six (6) billion humans from the planet. How Christian is that? These are the same types that intend to eliminate God from not only our currency but the public school systems to erect a godless atheistic state. "So, there are those that scratch their head and wonder why they are here. Do we not know who we are playing with? 1987 Vice President of The World Socialist Party, Gro Harlem Brundtland, introduced the world to Agenda 21 Sustainability. Maurice Strong, in his opening remarks at the Earth Summit, stated: "The concept of national sovereignty has been an immutable, indeed sacred, principle of international relations. It is a principle which will yield only slowly and reluctantly to the new imperatives of global environmental co- operation. It is simply not feasible for sovereignty to be exercised unilaterally by individual nation states, however powerful. The global community must be assured of environmental security" he said. How's that work for Greece, one of the oldest countries? Greece has turned into a nanny state. Our country is on that slippery slope because of our economic connections. Let's cut the apron strings now. Maurice Strong and his cohorts must be even more against individual sovereignty. Keep these quotes in mind as you read about Agenda 21 Sustainability. Lynda LaPrade of 5509 Will Carter Lane in Roanoke Virginia stated there are still some facts that need to be restated and misconceptions cleared. When the Board voted to remain in ICLEI, one Board member stated that they believed, "that there has been somewhat of a benefit." She has searched, and the only benefit she can find is to ICLEI. Yes, we can read their material that is biased to get the results they want. She has read their website thoroughly and no opposing views or possible problems are ever given. We can adapt their style of meetings, which leads to a 132 February 28, 2012 foregone conclusion, and they will teach you how to do that. Why? So that you will do exactly what they want you to do. The last time she was here she provided the Board with the "duties" of the County liaisons. These duties were to further ICLEI's goals, not goals created by Roanoke County, perhaps not even appropriate for Roanoke County. You will find them the same in every ICLEI city throughout the world. Yes, there has been "somewhat of a benefit" to ICLEI. Another Board member stated: "I don't believe that Agenda 21 has anything to do with this new concept of development. It's just a progression that came along." This is a quote from "Our Common Futures ", a UN commissioned document written in 1987. Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. This is from the Roanoke County Comprehensive Plan Vision Statement: "sustainable development has been incorporated into County planning meeting the needs of the present generation without compromising the ability of future generations to meet their own needs." The two quotes are almost -word for word, yet one Board member said, "I don't believe that it has anything to do with the way we run our County, and it never will." Really? How do you explain nearly the exact same language from a UN document being in our Comprehensive Plan visioning statement? Let's see: Planning visioning statement, RCCLEAR goals, how else is Roanoke County moving forward with this agenda? She advised she is still concerned about the report that was submitted to ICLEI. As a FOIA request, she wants to know who signed this report on behalf of the County. We, the citizens, need to know who is sending fraudulent information in the County's name. You, as Supervisors, need to hold those responsible for this type reporting accountable. We will keep looking at this picture and how Roanoke County, through the Board, has bought into something that may be taking hold in little ways on the citizens of this county. We will keep looking at how the Board has not shown us the whole picture. We will find how invasive this agenda is in County policies. We will do one more thing. We will hold the Board accountable. At 7:30 p.m., Chairman Flora recessed to the fourth floor for a final work session. IN RE: WORK SESSION 1. Work session on Capital Improvement Program (CIP) Review Committee annual report (W. Brent Robertson, Director of Management and Budget) In attendance for this work session were the following members of the Capital Improvement Program (CIP) Review Committee: Craig Camidge, Jim Gray, Gene Marrano, Chris Flippen and Troy Kincer. This work session was held from 7:43 p.m. until 8:18 p.m. Mr. Robertson reviewed their goals and objectives as outlined in Appendix February 28, 2012 133 A in the agenda packet; Appendix B is the Evaluation Scoring Sheet and Appendix C project evaluation comments. He advised four (4) meetings were held to review the projects and noted several projects were reviewed, but not scored: Communication and IT infrastructure and the Magistrate project. He pointed out the list of Tier 1 projects and noted page 5 listed into three categories. Chairman Flora noted in his observation he found it unique there was no pattern, truly independent and a good mix of all three categories with no emphasis other than safety and need. Mr. Camidge stated he was the only member that was here the last time. He indicated the same scoring method was used and suggested that both this year's and last year's committee results be weighed. He indicated there should be cooperation within localities as well as departments. Mr. Gray thanked the Board for the opportunity of allowing citizens to serve in this capacity as he considers this open government. He commented on what a good job staff did in the presentations. He advised he ranked according to wants and needs. Mr. Maranno stated it was "fun playing with other people's money ". He viewed with regard to "must have's" and "like to have." He advised in today's economic times a public safety building must wait. He advised greenways and parks were ranked near the top as they related to quality of life. He questioned whether public safety could be combined with another project. He advised he used the current financial situation to get the most "bang for the buck." Ms. Flippen advised she enjoyed the process and noted they were such a diverse group yet they all concurred with "reusing, refurbishing and combining." She indicated there was good communication with the Budget staff and noted doing this online was easy, but time consuming. Staff was well organized. She noted she put in safety issues first and stressed social services are in need. She indicated with regard to the storage tanks, it was a "pay now or pay more later." She advised she thought some of the costs for a new general services building could be reduced. Mr. Kincer stated he enjoyed the process and noted the committee worked well together. He advised Budget staff did a great job. He indicated he looked more and equity and being able to meet the needs of what could be done because unfortunately there is not enough funds to go around. He encouraged the Board members to read all of the comments located in Appendix C. Chairman Flora thanked the group for the time. They do give their recommendations strong weight and follow verbatim. He remarked with regard to cooperation staff is working on something with Roanoke City that can save us some money. Chairman Flora remarked that government is the most inefficient operation in the world; there are other ways to get something done. This economy will force the County to do things differently. He stated, "Bad times are an opportunity to correct the mistakes from the good times." Schools are back to where they were 15 years ago. He added he would like staff to look at doing things jointly. 134 February 28, 2012 Supervisor Altizer advised this is one of his favorite times of the year and it is great to hear how these folks talked. He indicated the Board pays attention to the comments, heart of what is in there, how they did it and how they came to the conclusions they did. This is a new reality. He remarked it is heartening to hear about doing things together; only way any effective government is going to make it going forward. If not, the Board will not suffer, but the citizens will if the Board fails to do things right; this is a new reality. Growth will come back but not for many. many years. The County have to do things better, smarter and budget like people do at home. He thanked the group for their time: it will be helpful and used. Supervisor Moore stated the group had great comments, look forward to the future and the comments will help the County grow, be productive. She thanked the group for their work. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 8:18 p.m. Su mitted by: Approved by: A Deborah C. Jac6l Richard C. Flora Clerk to the Board Chairman 1