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HomeMy WebLinkAbout8/26/2014 - RegularAugust 26, 2014 601 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 August 2014. 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: OPENING CEREMONIES Before the meeting was called to order an invocation was given by Pastor Mark Vaughan of Calvary Memorial Church. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Supervisors Al Bedrosian, Joseph B. "Butch" Church, Charlotte A. Moore and P. Jason Peters MEMBERS ABSENT: None STAFF PRESENT: Daniel R. O'Donnell, Interim County Administrator; Richard Caywood, Assistant County Administrator; Paul M. Mahoney, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Deputy Clerk to the Board IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. O'Donnell requested that the agenda item regarding the resolution expressing the appreciation of the Board of Supervisors to Betty Graham be postponed until the September 9, 2014, meeting as Mrs. Graham is unable to attend today's meeting due to illness. There was no discussion. 602 August 26, 2014 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of the 100 year Anniversary of the Virginia Department of Forestry (VDOF) and Smokey Bear's 70th Birthday! (Richard E. Burch, Jr. Chief of Fire and Rescue) Chief Burch outlined the recognition. In attendance with Chief Burch were Smokey Bear, Joe Boswell, Department of Forestry and Brian Clingenpeel; Public Educator with Fire and Rescue. Supervisors Moore and Church both offered their thanks. IN RE: NEW BUSINESS 1. Request for authorization to execute a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority and Allstate Insurance Company and affiliates, Catawba Magisterial District (Jill Loope, Director of Economic Development) A-082614-1 Ms. Loope outlined the request to approve a performance agreement. Supervisor Bedrosian stated he has an issue with giving public monies to a private business. He first asked if Allstate are in a building that they rent with Ms. Loope responding in the affirmative. He then asked if they owned the building at one time. Ms. Loope advised they owned it and sold it in 2005 to a real estate investment trust that rents it back to them. So, that building when they leave will be vacant, but the County will still collect real estate taxes because the building is still there, but no personal property tax. He then asked if the $200,000 in taxes is based on the real estate or everything with Ms. Loope responding everything and the projected tax revenue is $200,000 for the year. Supervisor Bedrosian then asked if some of that revenue was coming in was from the old location with Ms. Loope explaining it would be on investments in new equipment. Supervisor Bedrosian then stated when he was reading through the agreement, it talked about increased employment, on page 2. So employment is going up or down from what it is now. Ms. Loope stated she did not see where Mr. Bedrosian was referencing. Supervisor Bedrosian stated on page 2 of the agreement that states, "WHEREAS, this increased employment and investment constitutes a valid public purpose for the expenditure of public funds." Ms. Loope stated they are currently at approximately 700 employees so there will be further constriction, but long-term employment at this new location is projected to be 515. Ms. Loope advised it was a retention issue, they are retaining jobs for the community. He stated he will not be voting for this, but in case it does matter, we are not getting increased August 26, 2014 603 employment from them. The investment is probably correct because they are building another building that is a new investment in Roanoke County. Ms. Loope explained this was a standard form that the attorney uses when drafting performance agreements and was an oversight on our part. Supervisor Bedrosian stated the only reason he brings it up is there needs to be a valid reason for expending public funds, our taxpayer dollars, which is why he brings it up. Supervisor Church stated that area of Lock Haven Road is already zoned properly with Ms. Loope advising in the affirmative. Since obviously there is going to be some additional traffic in this area. We have Edward R. Rose property, which is going to be next to Pinkerton, then there is a few hundred feet until we cross over to Interstate 81 and now this Allstate. The traffic was exacerbated several years ago by Green Ridge Recreational Center so his request to Mr. Caywood is to make contact with Virginia Department of Transportation (VDOT) and see if they have any calming traffic ideas, stacking lane coming out of Green Ridge to Cove Road. Sometimes when the traffic increases, it gives them a chance to take another look. Let's try to make this the best of the situation as we can. He further suggested that if we make changes to our performance agreements, we should have a work session because there are different opinions on this Board. Chairman McNamara stated he would like to make one comment. When you look at economic development incentives, there is a range and the gentleman from Catawba mentioned the Board has different opinions. The gentleman from Hollins is generally not in favor of these incentives. He is typically not in favor with anything whatsoever that has to do with retail. This falls in the middle and thinks it is appropriate that we have a constricted payback, but at the end of the day would they have left Roanoke County? He does not know, but we have to compete and we have to compete for jobs and every job is important and it seems to him to be a wise use of funds when we know we are going to get those funds back. We are not putting money out, we are delaying revenues for a short period of time. He stated he intended to support the motion because he thinks it is appropriate. It would be appropriate to offer these types of incentives for a new person coming into town that is creating jobs; it is a different plateau and a different level and thinks those incentives should be quite a bit more robust. This is an appropriate level for this firm. Supervisor Peters stated he wants to echo those comments. We have seen a lot of businesses leave and most recently Advance Auto to places that do provide incentives and as the Chairman stated as well as Supervisor Church, in a sense we have to be competitive and stay competitive not only with the businesses that are drawn here but the ones that we want to retain and keep here. He plans to support the motion. Supervisor Bedrosian states he looks at different levels of government and a few years ago a lot of people were upset when we bailed out an insurance company or auto makers. The talk track is always the same; the companies become too big to fail. He would actually like to echo Supervisor Church about have some time to have a 604 August 26, 2014 work session to talk about this. If things become too big to fail and that is why it is always so difficult for him. Under the small chance that they did leave, how do you deal with that so not every business that has several hundred employees and thinks the line on small business is 500 so he is not sure if Allstate is considered large or small business. If you have several hundred employees and they are making gestures that they are going to move, do we always jump in and give them more money to stay? Because we would always do that and spend a lot of money to do that and he could see a better purpose at having a strategy that lowers real estate rates so we are always going to have people come to Roanoke because our tax rates are so low. It would be good for a discussion about our philosophies on this. Supervisor Church moved to approve the staff recommendation to ratify the agreement. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Peters, McNamara NAYS: Supervisor Bedrosian IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of Ibnsina Karkenny to obtain a special use permit to expand the square footage of an existing convenience store by 10 percent or greater in a AV, Agricultural/Village Center, District, on approximately 1.15 acres, located at 2938 Jae Valley Road, Vinton Magisterial District Supervisor Peters' motion to approve the first reading and establish the second reading and public hearing for September 23, 2013, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 2. The petition of Tracy Bryant to amend special use permit conditions to operate a garden center in a AVS, Agricultural/Village Center, District with a special use permit on a 0.763—acre portion of an approximately 1.94 -acre parcel, located at 7796 Bent Mountain Road, Windsor Hills Magisterial District. The amended conditions would allow for the addition of a propane filling station to the existing garden center Supervisor McNamara's motion to approve the first reading and establish the second reading and public hearing for September 23, 2013, was approved by the August 26, 2014 605 following vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES Ordinance authorizing the vacation of an existing fifteen foot (15') public utility easement located on the rear and side property line on property of David Kilbane, Lot 75, Section 3, The Highlands (Plat Book 24, Page 38; tax map number 044.03-09-12.00-0000) located in the Catawba Magisterial District (Tarek Moneir, Deputy Director of Development Services) Mr. Moneir advised there were no changes from the first reading. He noted however, they have not received approval or clearance from Verizon Wireless. There were no citizens to speak on this item. Supervisor Church asked the County Attorney if there was a problem with making the ordinance subject to receipt of the consent letter with Mr. Mahoney responding in the negative. ORDINANCE 082614-2 AUTHORIZING THE VACATION OF AN EXISTING FIFTEEN (15') FOOT PUBLIC UTILITY EASEMENT LOCATED ON THE REAR AND SIDE PROPERTY LINE ON PROPERTY OF DAVID KILBANE, LOT 75, SECTION 3, THE HIGHLANDS (PLAT BOOK 24, PAGE 38) TAX MAP #044.03-09- 12.00-0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, a plat entitled "Plat showing Section No. 3 of The Highlands property of Al M. Cooper Construction, Incorporated" dated February 20, 2001, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, (Plat Book 24, Page 38) dedicated a fifteen foot (15) wide public utility easement across a parcel identified as Lot 75 (Tax Map #044.03-09-12.00-0000); and WHEREAS, the current owner of the property, David Kilbane, has requested that the fifteen foot (15) wide public utility easement located along the rear and side property lines be vacated in order to remove that encumbrance on his property for the purpose of building a garage in the north corner of the property; and WHEREAS, County staff has reviewed and approved the vacation this fifteen foot (15) public utility easement as shown on the exhibit (Exhibit "A") attached hereto and entitled "Easement plat for David Kilbane showing hereon an existing 15' public utility easement to be vacated (Tax Map #044.03-09-12.00-0000) prepared by Balzer and Associates, Inc.; and 606 August 26, 2014 WHEREAS, no other property owner will be affected by the vacation of this public utility easements, and this vacation will not involve any cost to the County, and the affected County departments and public utilities have raised no objection; and WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows:1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on August 12, 2014, and a second reading and public hearing of this ordinance was held on August 26, 2014. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate, a fifteen foot (15) wide public utility easement, which was dedicated by plat of The Highlands (Plat Book 24, Page 38) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That the subject real estate, a fifteen foot (15) wide public utility easement, located along the rear and side property line, which was dedicated by plat of The Highlands (Plat Book 24, Page 38) be, and hereby is, vacated pursuant to Section 15.2-2270 of the Code of Virginia 1950, as amended. 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, subject to receipt of consent letter from Verizon Wireless and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2270 of the Code of Virginia (1950, as amended). On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church Peters, McNamara NAYS: None IN RE: APPOINTMENTS 1. Roanoke County Economic Development Authority (EDA) (appointed by District) August 26, 2014 607 Supervisor McNamara recommended the reappointment of Ssunny Shah to an additional four-year term to expire in September of 2018. Confirmation of this appointment was added to the Consent Agenda. IN RE: CONSENT AGENDA RESOLUTION 082614-3 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 ollows:That the certain section of the agenda of the Board of Supervisors for August 26, 2014, 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 5 inclusive, as follows - 1 . ollows:1. Approval of minutes — July 8, 2014; July 22, 2014 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Vicki Walker, Legal Secretary, upon her retirement after more than thirteen (13) years of service 3. Confirmation of appointment — Roanoke County Economic Development Authority (EDA) 4. Request to approve holiday schedule for calendar years 2015 and 2016 5. Request for appointment of representative to the Roanoke County Community Policy and Management Team (CPMT) On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None RESOLUTION 082614-3.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VICKI WALKER, LEGAL SECRETARY, UPON HER RETIREMENT AFTER MORE THAN THIRTEEN (13) YEARS OF SERVICE WHEREAS, Vicki Walker was hired on January 16, 2001, and has served as a Legal Secretary during her tenure with Roanoke County; and WHEREAS, Ms. Walker retired on August 1, 2014, after thirteen (13) years and three (3) months of devoted, faithful and expert service with the County; and 608 August 26, 2014 WHEREAS, Ms. Walker, through her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, during her time serving Roanoke County, Ms. Walker worked closely with three (3) different assistant County attorneys; and WHEREAS, during her time serving Roanoke County, Ms. Walker was instrumental in the County Attorney's office's expanded role in the collection of delinquent taxes and fees owed to the County with over $2.2 million collected over the past eight (8) years. 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 VICKI WALKER, for thirteen (13) years and three (3) months 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 McNamara to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A -082614-3.b A -082614-3.c A -082614-3.d IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke. Isabel Case of 5220 Archer Drive stated her concern is the debt. The first rule of money management is, "if you don't have it, you should not spend it." She stated she just sees us going deeper and deeper in debt. She stated she grew up when there were no credit cards and they saved up their money to get what they needed and they did without. She advises she believed they were happier than the young people today that have everything. She feels like credit cards and debt can destroy our Country and she does not want it to destroy our County. She feels like it destroys families. She is just totally against debt and the interest we pay on the debt to her is just waste. In Proverbs 22 it says, "the borrower is slave to the lender' and she believes that is true. There are "needs" and there are "wants" and we have needs and it concerns her when we spend money on "wants" because "needs" should come ahead of "wants." She stated she has a lot of friends that feel like she does, but they are not here today and she feels like if they do not speak up, the Board will think that they approve of the spending. The broadband thing is just inviting the government to have more control in August 26, 2014 609 our lives and it will interfere with private competition, which always worked. Government control does not work. She reiterated she is concerned about the debt, because she feels it has become a way of life in this Country and it did not use to be and the bottom line is life was better. David Linden of the North Roanoke Recreation Club stated he just wanted to thank the Board again for naming the football field at Waldron Park after Bobby Ragland. They had the ceremony on Saturday; great media coverage leading up to the event and a nice large crowd was out there. On behalf of the North Roanoke Rec Club, he just wanted to thank the Board for honoring and recognizing Mr. Ragland for his accomplishments; especially what he did for his part of the community. He also thanked Doug Blount and Mark Courtright with the County Parks and Recreation staff for the job they did in getting that entire park ready for the big event this past Saturday. IN RE: REPORTS Supervisor Moore moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2014 5. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of July 31, 2014 6. Accounts Paid — July 31, 2014 At 3:36 p.m. Chairman McNamara recessed to the 4t" floor for work session and closed meeting. IN RE: WORK SESSIONS 1. Work session to discuss planning and preparation for fiscal year 2015-2016 budget development (W. Brent Robertson, Director of Management and Budget) 610 August 26, 2014 In attendance for this work session were Brent Robertson, Director of Management and Budget; Daniel R. O'Donnell, Interim County Administrator and Rebecca Owens, Director of Finance. Mr. Robertson stated this work session was in accordance with a request from Supervisor Peters. He provided the Board with a budget calendar and went through the timeline. Mr. Robertson then advised this is the off year where the Capital Improvement Program (CIP) Committee does not meet and asked if the Board would want to change. Supervisor Church asked if the terms could be changed since they can only serve three consecutive terms. Supervisor Peters indicated staff had misconstrued what he is looking for. He advised he would like to know what the fixed costs in each department are so that the Board can see what is fixed and what is extra. He also indicated that he would like to address the priorities for the new fiscal year. Lastly, he wanted to know why we do not have an internal auditor. We are in the process of hiring a new administrator and it would be good to have a sense of what he is coming into. He suggested an anonymous survey. Mr. O'Donnell stated there were two options to either hire or do a Request for Proposal to do an independent party. It was the consensus of the Board to add the survey to the contract with Springsted and to go with the independent party for the auditor. Supervisor Bedrosian stated with regard to the priority of not reducing staff, he advised he would like to remove that and say have enough staff as needed to run an efficient organization because he does not want a barrier that says we cannot. Next, we wants to reduce real estate taxes and is a firm believer that is the best way to grow an economy by reducing taxes, no matter how small we are moving in a direction that shows people we are about lowering taxes. Supervisor Church stated we need to start with the reduction in the tax rate and work from there. He thinks the Board should make a commitment and go from there. Chairman McNamara stated he liked having this work session early in the process so that the Board has to give Administration very clean marching orders and thinks they put together a pretty good budget based on the marching orders for this fiscal year. The big thing that the Board members are going to have to think about and evaluate is that we can do anything in isolation, but what is our number one priority, i.e. reducing debt, not having a stormwater fee? Supervisor Church stated that he wanted to make sure that we did not have a "surplus" of revenue at year-end. Supervisor Bedrosian stated to look at what is absolutely fixed and essential so that we cannot do away with it and then we would have a baseline. Supervisor Peters stated the realistic piece of this is that he does not think we can cut taxes because we have gone through six -years of putting things on the back burner. It was the consensus of the Board for staff to work on fixed costs and provide to the Board. August 26, 2014 611 The work session was held from 3:50 p.m. until 4:12 p.m. 2. Work session to provide a Fire and Rescue Department overview and discuss regional cooperation and capital project updates/needs (Richard E. Burch, Jr., Chief of Fire and Rescue) In attendance for this work session were: Chief Richard E. Burch, Jr.; Daniel R. O'Donnell, Interim County Administrator; Chris Lawrence, Town of Vinton; Emerson Schoonover and Steve Bandy from Mason's Cove Volunteer Fire Department. Mr. O'Donnell stated that there were excess funds leftover from the generator project and turned the floor over to Chief Burch. Chief Burch went through a PowerPoint presentation, a copy of which is on file in the office of the Clerk to the Board of Supervisors. Supervisor Bedrosian asked if Fire and Rescue had data driven maps like the Police Department. Chief Hall advised they do not have but will be glad to work on and provide to the Board. Chairman McNamara added the next units need to go to the Cave Spring station. Supervisor Bedrosian stated more regional cooperation is needed. Chief Hall explained that the generator project has come in under budget based on the trade in on old generators. It is staff recommendation for $150,000 to go to Vinton and $130,000 to Mason's Cove. It was the consensus of the Board to move forward with both projects at the next Board meeting. The work session was held from 4:14 p.m. until 4:47 p.m. 3. Work session to discuss disposal of surplus property (Joseph B. "Butch" Church, Supervisor) In attendance for this work session were Doug Blount, Director of Parks and Recreation; Paul M. Mahoney, County Attorney and Daniel R. O'Donnell, Interim County Administrator. Mr. Blount provided the Board with an overview of the surplus property issue. Supervisor Church stated there has been no general discussion regarding this property and wanted to know why the citizens were not involved and asked to slow down the process. Supervisor Bedrosian asked regarding what is our normal policy. Mr. Mahoney explained that State Code indicated if the School Board wants to dispose of property, the governing body has to declare surplus and go through some kind of public procurement process. He indicated this property was really a warehouse for all the various surplus property. Supervisor Bedrosian stated he would have thought the entire Board would have been involved. 612 August 26, 2014 Chairman McNamara gave a brief overview of how this occurred. Supervisor Peters advised this has been on the market and having a hard time selling. Chairman McNamara explained that Supervisor Peters had requested this be put on the agenda and it is his right to put on the agenda. He indicated that Supervisor Church has indicated there is a lot of stuff there, beauty is in the eye of the beholder. Supervisor Church advised the key was to let our citizens have a shot at this and we are going around them and that is wrong. Chairman McNamara stated the Board needs to be spending our time on tax rates, stormwater management fees, economic development and the fact that we are sitting here getting worked up over a bunch of junk in a building that someone might actually clear out for us. Supervisor Church advised that he does not think this is junk. Supervisor Bedrosian stated he feels there is a market for this. He feels it is premature to do it this way and it should be open for discussion. Supervisor Peters commented they had two weeks to think about, what other suggestion does he have? Supervisor Bedrosian stated he has just explained that there are plenty of private organizations that could use these. He reiterated that his first choice to sell to the public and pay down the debt. Work session started at 4:48 pm and ended at 5:24 p.m. IN RE: CLOSED MEETING At 3:35 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 1. To discuss and consider the employment and appointment of specific public officers, appointees, or employees and Section 2.2-3711.A.1. To discuss and consider the salary of a specific public officer The motion carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None The closed session was held from 5:36 p.m. until 6:38 p.m. IN RE: CERTIFICATION RESOLUTION At 7:00 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. RESOLUTION 082614-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA August 26, 2014 613 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 . nowledge:1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None IN RE: NEW BUSINESS 1. Resolution authorizing the donation of surplus personal property from the former William Byrd Junior/Senior High School to the Breakfast Lions and the Dinner Lions Clubs of Vinton (Daniel R. O'Donnell, Interim County Administrator) Mr. O'Donnell outlined the resolution to authorize the donation of surplus property to the Lions Clubs of Vinton. Supervisor Peters stated based on the conversation that was held during work session, he moved that this item be postponed until September 9, 2014. Supervisor Church stated he thinks it is appropriate to postpone this item, but was concerned about the timing of the next meeting. He advised he thinks the Board should have an expansive work session in order to find some direction. He further added that he thinks we owe the citizens before discussing another new business item. This is doing the same thing we have done twice. He stated he thinks it should be postponed indefinitely until the Board can discuss it and let the citizens know what is going on. Would be glad to make a motion if necessary. Supervisor Peters stated the reason is because the property is being marketed and putting this off keeps our economic team from being able to market it. It 614 August 26, 2014 will give us an additional two weeks to come up with a resolution and come back and discuss in open session. Supervisor Bedrosian stated after the discussion upstairs we did have a pretty viable option. The crux of the issue was taking all of these products (chairs and desks, etc.) and going to one place did not seem appropriate. It should be divided among the five districts and distributed evenly. Maybe, if that is the way we are going to do it, maybe we should all come back, but if we are just coming back to this point because we cannot meet and discuss things out of session. We will not have moved any further. It seems like another work session next time and get something that is good for everybody and to present that two weeks after that. Supervisor Church stated if he needs to make another motion for a work session, he will. Supervisor Church then explained to the listening audience the chronological order of this particular agenda item. He reiterated that not one time have the citizens been involved. There has been no citizen input on this and these items were paid for with taxpayer money. They came from every school in the County that has been renovated and remodeled. Supervisor Bedrosian stated he thinks it is important when the Board jumps into these things and the public does not know. He then provided six (6) photographs of the items being discussed. He stated this is very wasteful. Some people would call this junk, but there are some solid wood furniture. What we are talking about tonight is instead of taking those pieces, 15,000 to 20,000 pieces and piles and piles of books. We thought would be a fair thing because they came from taxpayer dollars, is to somehow have a way to distribute them. One idea is to sell them to the public for $1 or $2; you could probably raise $40,000 to $50,000 and maybe there are some issues so we need to have a work session to discuss further. The other idea is to distribute among the five (5) magisterial districts, many nonprofit organizations who would love to go in there with a truck and take 40 to 50 pieces. Supervisor Moore stated just to reiterate, there were no message boards, no ice machines or anything of real value. The School Board has supposedly put them somewhere else and asked Mr. O'Donnell to confirm. Mr. O'Donnell advised the pictures were self-explanatory. Some of the items for everyone that is listening, were given to Explore Park, Social Services, those are being used appropriately also. Mr. Peters is offering an opportunity for maybe to add some of the other Supervisors suggestions during the work session and a couple more weeks may give them an opportunity if they knew someone who wanted some of these items. She advised she thinks to open it up for a sale will require staff time, taxpayers would be paying for that staff time and who would actually run the sale. With those items in mind, she thinks September 9, 2014 should be okay to postpone for two more weeks. Supervisor Church stated these items did not get there in two (2) weeks, two (2) months or two (2 years; it took years to accumulate these items. He thinks with due respect to the Supervisor from Cave Spring not to sell them, give and donate them right back to the people who paid for them. Beauty is in the eye of the beholder; homes, August 26, 2014 615 childcare centers, etc. They may look like junk and have dust on them, they are not junk. The irony of this is a delay of two weeks. This puts a handicap on his area, two weeks begs for some attention to stop the action. This makes no logical and transparent sense. First, publicize this to the entire County; publicize this, nobody knows about this, there 85,000 to 90,000 people that do not know what we are talking about. Why the rush. The furnishings are not a drawback. Again, we have looked at this over fourteen (14) months and this is the first time to his knowledge that the public has been involved. We cannot possibly be doing the right thing in the eyes of our people to postpone for two (2) weeks, how about two (2) months so we can get together and make some logical decisions. Why are we rushing; he cannot give one valid reason to do this in two (2) weeks. Chairman McNamara stated he thinks we can go to the first meeting in September or we can have a few more work sessions and come back right where we are today. In his opinion, he has looked at it and it is junk. We have outsiders come in and try to bid on it. We have had outsiders come in to auction it. Nobody wants to touch it. He thinks the Supervisor of Vinton has come up with a good solution. He thinks he has offered to delay things to try and see if there are any other solutions. His suggestion is that we are going to be in the exact same position two (2) weeks from now as we are right now. He should withdraw his motion and make a motion for approval and we should vote and go on with the business of government and get rid of the junk that is sitting in the basement of that building. Supervisor Bedrosian asked to amend the motion to add something to it. He has a feeling that this is going to lose three to two and he does not think it is a good idea. Two (2) weeks from now what he would ask is that the three that would vote to give it to William Byrd if we would also bring in some non-profit businesses that meet that criteria and they would also be on the list. We would expand it not just for the Lions Club, but you offer us the opportunity to bring in some names that could be added to that list so they could partake of some of these items. Chairman McNamara asked Mr. Mahoney if you can amend the underlying motion after a motion to postpone. Mr. Mahoney advised a motion to table is not amendable, but he is not sure about a motion to postpone. Chairman McNamara looked it up and stated the motion is out of order because the motion to postpone is not amendable. Supervisor Church stated there are different philosophies on this Board that is why we represent 18,000 different people. He begs to differ with the description and evaluation by the Chair that this is junk. Junk is in the eye of the beholder. There are places that would love to have these items. We should not get to this point, but you need to know exactly what is going on here. Just a week or two ago, when he asked about this New Business item, it was scheduled for 3:00 p.m. this afternoon, which did not make any sense at all because we had the work session request. He has an email from the Chairman that says he has the three votes that have decided that is the best item for Vinton. Why would you decide a New Business item with an email, when you 616 August 26, 2014 have a hundred (100) people sitting here that might be interested or 90,000 that might be interested. It begs for reversal. This is just not right. Supervisor Peters stated now that he has listened to all of this, here is the truth. This building has set as Supervisor Church stated for over a year. No-one has made a motion to do anything with it. We are now marketing the building trying to sell the property and put it back on the tax rolls and become an asset to our area in Vinton. He simply started researching; he realized we had put it out for bid with no response. We had reached out to other industries in the Roanoke area with no response. So, he looked to the former County Administrator and the County Attorney to give him some direction. In that he learned that as Supervisor Bedrosian stated in the work session, "We should give it to churches, we should give it to Christian schools, private schools." We cannot, and Mr. Mahoney please correct him if he is wrong. We are not allowed to donate it to a religious organization. So, he did approach the Vinton Lions Club because he knew they were preparing to build a pocket -park in the Town of Vinton and began the discussion with them to see if they would be interested. Now, it is not just for the Vinton Lions Club. He went to them, they said they would be willing to bring in any other organization, he made this clear earlier, who wants to bring volunteers to sell the stuff and the organization can split the money evenly. The difference is the Vinton Lions Clubs said they would designate any money received, whether it is $5 or $500, publish it, put it in black and white that any money raised they would put toward the Park. There is no other reason for this other than trying to take care of a building that has been sitting there for over a year and try to do the right thing with the material and that is the only reason this has come up. This is why he postponed it for two (2) weeks. The two (2) gentlemen that just spoke made the statement that there were organizations and he is not opposed to that as that was the intent all along that anybody who wants to come and help and be a part of this is allowed to. Supervisor Church stated we are only hearing part of it; there is always something else. When you are told we put it out for bid, what was left out was the request to bid on all of it, 20,000. How many people would want to make a bid on 20,000 items; nobody. We put it out to Goodwill Industries; they stated they could take eight (8) tractor -trailer loads. This is the first time he has heard from Supervisor Peters that other organizations could join in. It was not on any of our Board reports; was not on anything to do with tonight's agenda. We are talking about 20,000 items that you are told is junk and nobody wants. They are right in a way; nobody wants to buy all of them together, who would? For another organization, in a two (2) -week timeframe, it has been over a year and a half and we are allowed two (2) weeks. Does that sound fair to you? Two (2) weeks, we have other jobs and things to do, why the time limit? He stressed this is not prohibiting the sale or availability of this building. Again, there is water coming in through the ceiling. Things are falling down. We have vandalism, fires, etc. He has been there; you have to wear a mask. He is not talking about a grandiose hotel that is ready to be purchased, but nobody showed an interest because it was sent out for, "are you interested in taking this." He stated he believes the County told August 26, 2014 617 Goodwill no, that would be just a drop in the bucket; maybe twenty-five tractor trailer trucks would be a drop in the bucket. What is wrong with everyone sharing? If we donate it, and he believes we have to do so by resolution and asked Mr. Mahoney if he was correct. Mr. Mahoney responded in the affirmative. If we do this by resolution to the Lions Clubs, why should other organizations come down and help share the money. Why not give this back to the people who paid for it? Please somebody tell me what is wrong with that. Please somebody throw your hands up and say, "Mr. Church, you do not have a clue; I have an idea." Please do so because that is what is important here that the people first know about it; they paid for it. That should just jump in the face of logic. This did not come out of the clear blue sky. We did not discuss it because, remember the timeframe, June of 2013 staff did a couple of other things for a couple of months. Guess what happened in November, elections, three new Board members came on. There was logical reasons why there was no action. Number one, it was never brought to the Board to discuss, so why would we have time to delay or procrastinate and wait. We were not told about it. After the election, then you have orientation for two (2) or three (3) months for three new Board members and here we are. Contrary to what you may be feeling, this has not been hanging there for a year or two and nobody had an idea. We never even discussed it. If this was brought in the fall of 2013, we would have 5,000 takers. This needs to be postponed indefinitely or agree tonight to donate it; forget about selling it. You have already paid for one time; it is like paying double taxes again. The main thing is that the people are not involved; what kind of government is that. Supervisor McNamara asked for a motion to close debate. Supervisor Peters moved to close debate Supervisor Bedrosian asked for clarification if this vote was for the substitute motion to wait two (2) weeks. Chairman McNamara stated there was no substitute motion on the floor. The original motion is to postpone for two weeks. Supervisor Church stated this vote was to end debate. Chairman McNamara stated the motion on the floor, which is the only motion on the floor, is to postpone this agenda item to the first meeting in September. It is the only motion on the floor and the motion we are voting for. Supervisor Church called a point of order, stating we need to vote on the end of question. Chairman McNamara stated there has been no call for the question. Supervisor Church stated you just called for a motion to end debate. Supervisor Peters stated no, he called for the end of debate. Supervisor Peters motion on the floor to postpone this agenda item until the first meeting in September 2014 passed with the following roll call vote: AYES: Supervisors Moore, Bedrosian, Peters, McNamara NAYES: Supervisor Church 618 August 26, 2014 IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Ordinance reconsidering the petition of Corporate Properties Services, Inc. to obtain a special use permit for a restaurant, drive-in, or fast food in a C-1, Low Intensity Commercial District on approximately 1.3825 acres located at 3814 Challenger Avenue (Tax Map #050.05-01-19.00-0000), Hollins Magisterial District (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the chronological order of this request for special use permit. Mr. Thompson gave a brief overview. Mary Ellen Goodlatte outlined the change to the original request, which was an extension of the stacking lane, no additional land is required. Pavement must be reconstructed from fifty to two hundred (50 to 200) ft. Chick-fil-A has agreed to bear the cost. This will be a change from two to eight (2 to 8) cars; this is the only change. Gary Rouse, Chick-fil-A; Mike Agree, Mattern and Craig and Bob Duffesey of Chick-fil-A were in attendance to answer questions. Chairman McNamara opened the public hearing and closed the public hearing with the following citizens speaking: Chris Craft of 1501 East Gate Avenue stated he was speaking on behalf of the Wildwood Civic League which curtails with the County on Route 460 and the Town of Vinton on Gus Nicks. All of our members and neighbors are all for Chick-fil-A. It is something that is needed. As many of you know, Rt. 460 is growing with the new Walmart grocery store, Planet Fitness is coming and there are other vacant properties that can be filled in the near future. At the last meeting, it was suggested that Chick-fil- A pay for improvement to that hill. In his opinion and in speaking with a great friend of his, that hill or road belongs to the County and VDOT. Why would someone make a private individual company fix something that does not belong to them? It is the County's and VDOT's responsibility to fix that. As you know, he is responsible for bringing a couple of businesses into the County and helping with that. He loves the County. He loves Vinton, but he thinks it would be a great opportunity for economic development and growth in the County to approve this tonight. Don't turn it down, don't make it go to the City even though we like it. He would like to keep it where it is at because they put a lot of money into this planning and he thinks they deserve the money for it. In closing, he stated he would like to invite all to the Mingle in the Market in Vinton on Friday night. Mike Gromm of 4050 Trail Drive advised he is opposed to the planned Chick-fil-A on West Ruritan and Challenger Drive. He believes it is putting our children at risk and public safety at risk. Chick-fil-A is too high a volume business for this location. Traffic on West Ruritan and Trail Drive cannot handle the traffic. Trail Drive has no sidewalks, curbs or lines. Our children walk the street to and from bus stops. August 26, 2014 619 They can come up with all the pictures they want and he is not the greatest public speaker there is, but this is wrong. It is too high volume of a business. They have all the pictures here about the entrance. They do not have anything about West Ruritan and the hill coming down there. They do not have anything about the overflow traffic that is going to come down Trail Drive. He does think the exception needs to be rescinded. It is in the public's best interest. Per the VDOT road design manual, the site distance to the left required for vehicles exiting from the proposed entrance location at 35 mph is 390 feet. The site distance available is 270 feet. Acquired site distance is not achieved; it is not. Nothing they do is going to make it. The acquired site distance at the proposed entrance location cannot be met with the existing geometric. Valley Gateway has an area that Kroger paid for and would hold Chick-fil-A with everything they want to do and it is not going to be a burden on the residents of our neighborhoods. While they get to go home, we have to live there. We have the burden of that traffic. It is up to the Board to make sure that we are protected. We pay our taxes every year. Tori Williams stated he was speaking on behalf of the Roanoke Regional Chamber of Commerce and he is here to speak on the importance of working collaboratively with those who want to invest in our community. Our Democratic system is designed to solicit input from everybody who want to share their thoughts on projects like the one the Board is considering tonight. Democracy fully realized brings the community together to find common solutions. While this process can be complex and even acrimonious, he hopes that the Board will continue to structure this process in a way that encourages economic development and investment. Democracy just does not function well when we have blanket opposition and especially when it is elevated over possibility. Simply saying no sends the wrong message to those who are considering expansion or even relocation in our Valley. As you know, the field of economic development is highly competitive and businesses will gravitate to only those localities that create a welcoming environment. As debate over this issue continues, he hopes the Board will strive to make a concerted effort to create an environment where investors feel welcome. Let's give them the assurance that the County wants their business and the County will work with them to overcome potential hurdles that may stand in their way. Chairman McNamara advised there is roughly another 15 to 18 people to speak and asked that the applause be held until they get home. Ulinda Gromm of 4050 Trail Drive stated she misspoke the other day. There has not been five safety waivers; there has been two waivers and one exemption that have been done to make this happen. She advised she is concerned about VDOT's own report in 2012 stated 2600 vehicles went through the West Ruritan and the Blue View intersection and the same day 2700 through the West Ruritan and Challenger intersection. This means that one hundred (100) of those vehicles entering West Ruritan were going to visit a Cleaner World, cut across to visit one of the homes between the two intersections. Our concern is that if you fill this area with a high 620 August 26, 2014 volume business and traffic backs up to the Blue View intersection over half of those vehicles coming down Rt. 460 or coming down to make a right-hand turn are not going to wait for a congested traffic light. They are going to bank a right on Blue View and they are going to come down Trail Drive. The same report says at the same time says we saw twenty (20) vehicles through our intersection of Blue View and Trail Drive. If one half of that traffic decided they did not want to wait for a light and came down our street instead, that is over a two hundred and twenty percent (220%) increase in traffic we would see on a daily basis on our residential street. As her husband pointed out, we have countless small school children standing on the corner of the street with no sidewalk, no curb, no barrier between them and the vehicle traffic. Everybody wants to say, "Well, let's not talk about the possibilities." You have to look at the possibilities for every action we take there is going to be a reaction or consequences to somebody else and it is going to be to the citizens that live there. You want to talk about it being an industrial intersection; Valley Gateway is an industrial intersection, this is primarily a residential intersection with two low vehicle traffic count businesses nearby. The dry cleaners is not actually at the intersection. So, when you look at the statistics they show you from the Roanoke County Police Department records, we actually had fifty-seven (57) accidents between January 2010 and August of this year at the Ruritan intersection and at the same time during that time period, Valley Gateway had sixty-three (63). We are more or less a low traffic intersection, they are an industrial intersection and we are already competing with their accident record. It is pretty close. At the same time, we had two hundred and forty-five (245) tickets issued at the West Ruritan intersection, while they had three hundred and sixteen (316). There are too many incidents of traffic there. If you lived there every day and had to wait for these traffic accidents to clear, to try and figure out what is the best and safest way to enter your home. It is not safe to take a right off Trail Drive anymore. If you are coming down in rush hour traffic, most of us turn at the intersection of West Ruritan at the light because if you go down to Trail and make a right-hand turn, the 45 mph traffic runs up on your bumper. So, she is asking the Board please, she does not have anything else in this world more valuable than her children, please if you will not grant this petition. She stated she is happy to have them; there are plenty of places around us, just not at a residential intersection please. Robin Geisler of 2305 Coachman Drive stated she has several reasons to be here tonight. She has watched her community fight this project and fight this project. At first she was not against the project, good neighbor and closed on Sunday. However, Mrs. Gromm is absolutely right. She lives on Coachman. She will not even smell the chicken from there, but she still has to make that intersection each and every day. She still has teenagers that make that intersection. She is not sure why Mr. Peters brought this back up to our community. This was voted down. We voted it down. The Board voted it down and she is not sure why you received permission to bring it back; she understands that is the law. You cannot do this to our kids; not to that intersection. Mrs. Gromm is absolutely right regarding the number of accidents; it is August 26, 2014 621 almost a daily vision of let's back up on Rt. 460 because there is an accident at CVS. It is nice of Chick-fil-A to give us a turning lane with the extra two hundred (200) feet; this is not going to fix our problem. Think of Rt. 460 turning left onto King Street. Has anybody made that turn? Has anybody been caught in that intersection when the light turns red because somebody wanted to turn into KFC and now you are in the middle of the intersection and nowhere to go. This is the exact same thing we are going to see on West Ruritan. She stated she has lived in that community since 1997. Mr. Peters if you want Chick-fil-A so bad, maybe you can build it at the old RCCC, but please keep it out of our neighborhood. Chairman McNamara advised this was not the right environment to be clapping or cheering on folks. Also, future speakers, all the comments need to be directed toward the Board as a whole, not to an individual member per our rules and procedures. Max Beyer of 2402 Coachman Drive in LaBellvue stated he lives in the neighborhood. He advised he has presented a petition several months ago, approximately one hundred and forty-four (144) names. He stands for them as they have not told him to change anything and basically what they said was this is a contest of safety versus convenience. To him, it is the right development in the wrong place. The developer needs a special use permit because it does not fit the current zoning. It is up to the developer to prove his case that the development will not cause damage to the neighborhood, etc. and will be mitigated by the development. They have failed to do that. We have all worked hard and the members of the Board have worked hard to try and make this work. So has the developer and the citizens have worked together and met many times to try and make it work, but right now it is still a square peg in a round hole, despite all of our efforts. He has looked at the Board of Supervisors agenda and apparently there are only three (3) changes since you turned it down last time. The first is additional or supplementary advisory signage in the neighborhood. There is a law in economics called the law of diminishing returns and you can have so many signs out there so that the benefit of the last sign is minimal and we are at that stage right now because every solution along Ruritan has been met by another sign. The additional signs that have been recommended are not going to provide that much benefit. The second, which is the extension of the right-hand turn from Challenger onto West Ruritan. Despite my learned opponent, she mentioned that it was not recommended; it was recommended, but it had nothing to do with the developer. It was stated that the right-hand turn was needed and expanded, but it had nothing to do with the development. Therefore, VDOT did not insist upon that. So, the fact that Chick-fil-A will not extend that turn lane off of Challenger really does not mitigate all safety, it does impact the development by word of VDOT. The third point is the promise by a VDOT representative, not the Governor, not the departmental head to initiate a full speed study along Rt. 610 three (3) months from the date of the opening of the development. This development will require six to eight (6 to 8) weeks, plus the approval process so you are looking at six (6) months minimum and maybe a year or two for funding. We waited 622 August 26, 2014 almost ten (10) years for that turn signal. We asked in the very beginning that the safety considerations be honored before the development is approved. This has not been done. Please reject this special use permit. Kenneth Ashley of 4077 Trail Drive stated the map does not show Trail Drive or Blue View very well; you get this microcosm of a picture that takes out two residential neighborhoods. We do not even have a timed lane onto Rt. 460 from our street; you have to watch your mirror and go on the shoulder as much as you can to get onto our street and at 55 mph it is a crap shoot. Mr. Ashley advised his parents have lived up in LaBellvue for twenty (20) years and he has been on Trail for ten (10) years. He has seen the development as it went; most of it for the good. You can go anywhere up and down the Rt. 460 corridor, Rt. 419 corridor, Franklin Road corridor and there is no commercial restaurant that has primary access or only access off a residential street. You have to turn off this street to get there. By them not allowing a left turn back out of Chick-fil-A out onto Ruritan, which is a safety concern, you are forcing every one of these neighbors that will stop there and they will, nobody is going to boycott them. You are forcing them to turn onto Trail, go up Trail to Blue View. If you get to Blue View and Ruritan, you still have not gotten but a few more feet site distance than the turn lane at Ruritan and the restaurant. It is the same hill going up. You have more coming from the light. When he goes to his parents that is the way he will go; turn off Blue View and up the hill. He sees it every day that he goes to their house. There are five (5) children under the age often (10) between four (4) houses. They are going to get older and they will be gone, but right now they are not. His wife measured the street today and it is eighteen (18) feet wide at his house. His neighbors across the street, an elderly lady who gets medical supplies delivered a couple of times a week. A box truck has to park in the road; which can constrict it down to less than a lane. You cannot get by hardly. There are no concerns for the residents that are going to be impacted on both these streets. The State passed a law that you cannot turn through private property to avoid a stop light, smart deal you cannot cut through a parking lot to avoid a stoplight. Everybody coming down Ruritan is going to cut through Blue View and Trail to miss that backup that is human nature. You used to have a turn lane, before they extended the turn lane at the stop light, there used to be a turn across directly from Trail Drive across Rt. 460. They closed it. He has to make a uturn to get on his street, no problem. That cut any auxiliary traffic that wanted to avoid that stop light off his street. His street could not handle it. There is a zigzag little curve that you cannot see on that map. If he is going up and neighbors are coming down, one of us pretty much has to stop. We wave, the dry cleaners is a great neighbor; I wave at him every time I cut through his parking lot to get to the stop light. If you closed his exit from Trail Drive, he would go back up Blue View and come down to the stop light; it would not hurt his feelings. They do not realize the amount of traffic it is going to put on a residential street. There are approximately twenty (20) houses on Blue View and Trail. A quarter of them are vacant or a rental; those people aren't here. About one third are original owners that built those houses and they are all senior citizens, none of them are here either. A couple of them August 26, 2014 623 cannot make it out, his next door neighbor. Other than that we have a few that did not remember the notice and did not come tonight. He wished all of them had so the Board could see the opposition from their perspective because it does not show on the map. There is no consideration for that. Tim Greenway of 2066 East Greenway Place in Vinton, Virginia stated when he came to the meeting he guessed it was a good reason to come to the meeting so that you see the talk about for and against. He stated he sympathized with the folks that are talking about the safety concerns because he built a couple of houses on Trial Drive and he did not realize they were the majority of the opposition. He stated when he comes to a meeting and sees us spend thirty (30) minutes to talk about $40,000, a one-time $40,000 we are going to have a hard time solving this problem because he is for Chick-fil-A. We have to find a way as the gentleman from the Chamber of Commerce eloquently stated we need jobs in the County. We have so many regulations, so many reasons to make jobs go away. In this environment, we need the jobs, but it would be so simple if we would work together with those citizens, get Chick- fil-A who will be a great commercial neighbor for the County rather than send them one thousand (1,000) yards up the street to the City. Let's get those jobs in here and address those concerns from the neighbors. Michael Taylor stated he is President of Cleaner World Dry Cleaners at 3806 Challenger Avenue stated he still wants them as a neighbor and encourages the Board to vote for that. He is sensitive to the view of the citizens around there, but he would encourage the Board to vote in favor. Sam Hubble of 2455 Wolf Crest in Vinton, Virginia stated he has been traveling, working and a part of the Bonsack Community for many years. He has seen the pros and cons of having Chick-fil-A there. He is for it; it will bring a great amount of economic growth to the area. He has seen and heard the traffic concerns. He knows the area. When the young lady talked about the drive onto King Street and the amount of traffic on that street is way over the amount of traffic of the street we are talking about. It is no real comparison. People stop because there is so much traffic coming out onto Rt. 460. Having this Chick-fil-A will bring jobs to the younger people, their children coming up. They want to find a job, Chick-fil-A is right there for them. Come in, how can we serve you. We are there for them. He just wants the Board to really put that into their thoughts tonight. It not just for now, it is the future of this area that we can help. Ron Roop of 1431 West Ruritan Road stated as you remember, during the May 19th community meeting held in the Bonsack Baptist Church, Supervisor Peters stated that regardless of the VDOT sight distance waiver, he would not vote to approve the Special Use Permit unless a proffer was included requiring the full 390 feet sight distance requirement be met. Further, during the June 2"d meeting held at the proposed site by Supervisor Bedrosian, the citizens stated their opposition to the development unless the full 390 feet sight distance requirement was met. Even Gary Rouse from Chick-fil-A said "the site does have its issues" but rejected all the alternatives suggested 624 August 26, 2014 by Supervisor Peters which would have circumvented the sight distance issue. Supervisor Peters reiterated he would not support the project unless the full 390 feet sight distance requirement was met. It was apparent that everyone agreed, except maybe Chick-fil-A, that modifying West Ruritan was the only option to provide for a safe exit from the restaurant onto West Ruritan. At that time Phillip Thompson suggested a revenue sharing plan between the County and VDOT to modify West Ruritan to meet the 390 feet requirement. We all know how that went, but the safety issues still exist. As recently as Thursday, August 21st several citizens who spoke with Supervisor Peters have relayed to me that he said there was no new information regarding his negotiations with Chick-fil-A, VDOT, etc. since June 24th (on which date Supervisor Peters did keep his word and voted to deny the Special Use Permit). Based on Supervisor Peters' prior commitments to deny the permit if the full 390 feet of sight distance was not met, and his recent statements that there was no new information, all of which the citizens continue to rely on to this day, the citizens implore Supervisor Peters to keep his word and vote to deny the permit. Having the advantage of 20-20 hindsight in this instance and of Arby's under almost identical circumstances concerning this site, we encourage the County's Economic Development Team to actively pursue bringing a business to this location which doesn't have the traffic issues associated with a heavy -traffic business and is compatible with traditional "Transition Zone" aspects as they relate to adjacent residential properties. Angie Chewning of 116 S. Poplar stated she is the Executive Director of the Vinton Area Chamber of Commerce and she says area because they support the business growth and economic development in Vinton as well as the surrounding areas. So while she sympathizes with those opposing and there is not much she can add to those in favor of this, but she advised they do support the growth of Vinton and the surrounding areas and hopes the Board will vote yes in this matter. Susan Landrum of 5918 Apple Harvey Drive stated she wanted to speak from a little different viewpoint. She and her husband live in Bonsack right off of Crumpacker. Years ago we discussed the building of Walmart and Lowes and we as the residents were very unhappy about that at first. But, she has come to love that area; it is practically in her backyard. She had children who are practically in the backyard of Walmart. She feels like it has been a great business opportunity for the area. It is extremely convenient and frankly as a resident of that area, she has been disappointed with the growth out that way. She advised her mother was in Pheasant Ridge in SW and she drives back and forth practically every day and the traffic we have on Rt. 460 is absolutely nothing compared to what they have in the SW area, so she has a really hard time when they are talking about the traffic. Her husband comes home from work at 5:30 p.m. and she is on the road all day and she just does not see it. Another reason that she really hopes to see it come is for the children, job opportunities and socialization. She does not like her children driving to Valley View to do this and that; she likes them staying close to home and she feels like it is a great organization that is trying to work the community so she really hopes to see it come. August 26, 2014 625 Sharbo Karkenny of 1635 West Ruritan Road stated he is getting lost in what to say because everything he wanted to say has been said. He is not for the development as it stands; most of the people who are against the granting of the special use permit are not necessarily against the restaurant itself, the type of business or the revenue that could be generated or the jobs that could be brought. We are probably all happy to see these things come. Like the gentlemen said before him, a round peg in a square hole. Some things just don't fit. This property has always been meant and stayed as a low intensity business property and there are reasons for that. We keep rehashing the same information and he does not know if every time that it is brought up if the Board are really absorbing or forgetting some of these things. We talk about accidents and the traffic. So many things have been said, he got lost and put his notes away. A lot of the things that are a concern and you just heard the previous comments. One thing that he has not heard at all is notwithstanding the improvements the citizens actually advised was the turning lane from East Rt. 460; it is an excellent idea and it was something they had proposed and brought forward. It was not something that was brought up by any party except the citizens. The left turn lane's major problem coming from West Rt. 460 is not being addressed. The problem is not necessarily that we are saying that there are not accidents happening on West Ruritan itself, but the traffic flow coming from West Ruritan crossed the path and this has been an inherent problem, just as the woman said about the KFC, everybody that has gone that way knows that when someone turns into the KFC, everything is backed up and that traffic light is sometimes two or three lights before they can get through. We are not talking about the same volume of traffic, yet we do have future developments coming in and we are going to have more residents and teenagers driving and it is going to increase in the future with the traffic coming onto Rt. 460. The major thing that he did not hear and no one has spoken about with the exception of a few people, was the safe site distance and why it is important. The safe site distance isn't being addressed tonight and that is our major concern and it always has been. So, we want to remember that and not pass it by. The distance to that crest if it is not brought down by whomever pays for it is not going to solve any of our concerns. It has not been addressed and we have already spoken about it. It needs to be reiterated and brought back up. If it is a dead issue, all of this is a dead issue. Of all of the safety concerns addressed, we are going to have issues because of the traffic crossing, because of the traffic coming up, it is going to stack. We need these things to be addressed and he does not see why in the future if everyone did their job concerning this and want this project, they need to sit down together instead of one little corner coming out and saying, "this is what we would like to do." Come together, sit down and actually spend the time to get these matters resolved, why not put the restaurant there, why not grant them the special use. But, it is not happening, everybody is in their side and not coming together. We cannot solve it alone and we are going to have issues. As you can see, the majority of the people who have concerns and want you to vote no have reasons and the ones that have economic development, we all want economic development, so we are not against these people 626 August 26, 2014 or their idea. Please keep that in perspective and try not to forget what we have discussed the past few months and hopefully it can be brought back in the future if it is denied tonight under the proper circumstances and then all of our time would not be wasted. William Lord of 4055 Mockingbird Hill Road stated he came here because he has missed all the other meetings and thought that the vote was three to two (3 to 2) to deny. He was happy, but now that he sees it is under reconsideration, he felt as though he had to come to this meeting. There has been a lot said on pro and con and he thinks to reiterate. No one opposing this is against economic development. No one is saying that fast food fans cannot have their Chick-fil-A, just not there. He read the traffic study; in February, on a Tuesday on a cold and cloudy day and he would like to know where these people are that took these figures because he has looked at them and there were zero (0) people in a four (4) hour people did a certain turn. When he saw those figures he was like, "why didn't they do a study that was during the summer on a week -end." His main concern is having people exit onto Ruritan, either entering or exiting onto Ruritan, is absurd. If there is no way to resolve that he would ask the Board oppose it because imagine the first accident of a teenager coming out of that restaurant with a sandwich in one hand and the other hand on the wheel and a person coming down Ruritan that does not see him or does not stop or isn't aware and bam you have an accident right there. He stated he thinks that is the process people should have and not the fact that we are going to have less jobs, $8 an hour jobs he might add. We already have a Wendy's, a BurgerKing, a McDonalds, a KFC, a Mexican restaurant and Famous Anthony's in that general area. He understands that people like Chick-fil-A, but there is Kroger over there and other parcels that would allow and be a better use of the property. Jeanette Ashley of 4077 Trail Drive stated she has a six-year old that likes to ride her bike, run in the yard, go across the street and visit her friends. She is not going to be able to do that with this traffic. It is not going to happen. People are not thinking about the fact that this is going to be in her backyard. She lives across the street from Ulinda (Gromm). She is going to be looking out her front door and see it. She is going to be standing on her back deck and there it is going to be. It is going to be right in her backyard. The traffic is going to be ridiculous; she knows it is. For Chick- fil-A to say they are going after the lunch traffic, she is sorry but people drive out of their way to go to Chick-fil-A; she has done it herself. She has driven to Valley View in the morning because she would like to have some "chicken Tittles or whatever they are called." People drive out of their way to get to Chick-fil-A and if they had to cross Rt. 460 to Valley Gateway or possibly beside CVS, they can build one just like they did at Hunting Hills upon the hill at CVS. People will cross Rt. 460. There is no residential area over there; it is not going to bother a single person, but right now Chick-fil-A is going to bother her. She thought Chick-fil-A was all for family and they wanted all of their employees to be with their families on their days off, but they are not looking at other families. They need to look beyond the families in their business and look at other August 26, 2014 627 families. They are just not thinking about what this is going to do to her little street. She knows there are elderly people that like to walk. Her neighbor has one of those little walkers that you can sit down on when you get tired and he walks every morning and he is not going to be able to do that anymore. It is just not going to happen. She knows of an elderly couple that lives next to him. They like to walk Blue View. They are not going to be able to do it. They are going to be afraid they are going to get hit. The road is eighteen (18) feet across. She has actually backed out of her driveway and into a car that was parked on her street because she did not have enough room to back out of her driveway. What is that going to say when you have traffic coming in each direction, because they will be coming in both directions to get out to Rt. 460? It is a mess getting on Ruritan with three or four lights. David Frady of 3926 Challenger Avenue stated what they are not showing on this map is to the right-hand side is another neighborhood. There are houses; it is where we live and we cannot get out onto the highway now. Our mailbox has been taken out three (3) times. You cannot get into it because people are coming up on you so quick, slamming their brakes, blowing their horns at you. You get tired of hearing that. With regard to the accidents, you can come down any time you want to on a Saturday and we will sit out under the dogwood trees and count the accidents. They are just one after another. Sometimes there is two or three (2 or 3) of them while he is cutting the grass. Where you are talking about building the access lane; how is he going to get out? He is just against it. You really need to come down there and look at it during the summer months with the sun shining and we will count the accidents. It happens. He does not want their trash blowing up in his yard. As far as the jobs go, you are talking $8 an hour to a kid that is not going to work no more than two (2) weeks before he is gone and that is not much economic development. He does not have anything against Chick-fil-A or business. He wishes a business would come down there, but not a fast food restaurant. If it was a bank, it would be great. There is going to be too much traffic there. It is dangerous down there right now and tickets, one after another, all the times. His wife has lived there her whole life and we have seen it change quite a bit. It is just terrible right now and if you add any more to it, it is just going to get worse. He hopes the Board votes against it. Mike Strader of 2006 Springfield Drive stated he moved there in 1986 and since that time traffic has of course increased quite a bit especially at the intersection there on Ruritan going onto Rt. 460. Ms. Goodlatte talked about being three (3) cars from Rt. 460 up to the entrance of Chick-fil-A and that is about right. The corrections on the new turn lane will help, but someone turning left off of Rt. 460 going into West Ruritan with only three (3) cars will backup there. He understands that the people live nearby is going to have a problem with traffic going through their area. He knows VDOT said there could not be another entrance made going into the restaurant, but on the southside of town there is a Bojangles with an entrance and turn lane going in there. He does not know how that got there, but it happened. He is against it the way it is right 628 August 26, 2014 now. He thinks if the County wants to bring in the businesses, they will have the same problem when they want to sell the lots on the other side of the street. At 8:30, Chairman McNamara recessed until 8:45 p.m. At 8:45 p.m. Chairman McNamara called the meeting back to order. Mary Ellen Goodlatte provided a brief response to the comments. Supervisor Bedrosian advised he has one question. The right -turn lane for his understanding, off of Rt. 460 off of Ruritan was extended from fifty (50) feet to two hundred (200). Ms. Goodlatte responded in the affirmative. We talked about it possibly blocking a driveway. Does it block the driveway with Mrs. Goodlatte responding in the negative. She advised the closest driveway is approximately two hundred and eighty (280) feet away. Supervisor Bedrosian then moved to deny the special use permit with comments. Just thinking over what everybody has said, he has jotted down some comments. It is hard to say something here that has not been said already. Everybody on both sides of the issues have pushed for their side of the issue and some good points have been brought up. From the very beginning when we got involved with Chick-fil-A, the key issue for the people in that area has always been site distance on West Ruritan; the safety issues and concerns that brought. He actually thinks now opening up Rt. 460 with more cars, the reality is if you do not fix the issue, the problem area, then you are just going to get more cars in there and actually cause more congestion and more safety issues. Supervisor Bedrosian then showed a video, which was shown at the last meeting that this issue was discussed. We have an issue with site distance that cannot be changed easily without a lot of financial expense. West Ruritan coming down and looking up when you are trying to make an exit out of the Chick-fil-A is the central part of the concern. It has been stated before somehow if we could fix that, it would be good because it would allow site distance. To him, that area has been designated and someone from the County made this point in the very beginning, it is a transitional area for low intensity business and by looking at it, that is what it should be. It is really just a low intensity transitional type of business should go there. Unfortunately, Chick-fil-A is too successful to be in a transitional, low -intensity area. He thinks that creates the problem that we have in that we are dealing on the one hand with a company that a lot of people love and is very successful. We are not saying we do not want Chick-fil-A. We are really trying to squeeze something in an area that really should not be there; it just does not fit. From the outside looking in, you say shouldn't people just give it a go wherever they want. No, there are certain zoning requirements in Roanoke County and every business has to deal with that. Really, tonight we are not denying anybody anything. Chick-fil-A is coming to us to change something; that is a big difference. It is not big, bad government denying somebody from something they should be able to do. Basically, they are wanting to change something and he thinks that the burden of proof goes on that entity to solve all the issues there are because they are the ones who want it changed. From that point of view, he just finds it very hard that nothing has been done about that specific issue and the reason is because it is very expensive to change the whole dynamic. Another thing August 26, 2014 629 is that area really is meant to be a low intensity area. If you look from that area all the way down to the KFC, on the proposed side of Chick-fil-A, there is no high intensity business that is right off the road in a residential area. You have to go into a development and he thinks there is a Jimmy Johns or some other fast food, but nothing down there at all. If you go back East to Blue View, there is nothing until you get to the McDonalds, which is high intensity and is in a Walmart up on a hill. So, this is really the exception to the case. They are trying to put a high intensity business right there; it is unheard of on that strip. The key issues are safety, site distance that nothing has been done and just does not think it is the right place for that business. There are other spots that are zoned appropriately for that type of business. Supervisor Church stated he wanted to clear up some misinformation from the live media. Supervisor Church then asked for the map to be removed. In the live media it was stated a couple of times that our Board of Supervisors voted 5-0 to reconsider this item, which is a mistake. Our Board rules allows a sitting Board member who voted on the prevailing side to ask for reconsider. The majority side was a three - two denial. The Board did not have a vote on that at this particular meeting tonight. Sometimes errors get out and he feels it is important to clear up information that is not correct. As he has stated over and over again, he hates that this has become a Chick- fil-A issue. Chick-fil-A is one of the best organizations in America. This is about trying to fit a high-intensity business into a low -intensity business site. It takes twists and turns and everybody here has a valid opinion, a valid reason for being here and wants to thank everybody for being here because it is part of what needs to be done in local government. One of the neighbors said that people will go out of their way for Chick-fil- A and that is an absolute fact. He cannot think of another organization that treat their customers more sincere. The situation with the site distance discrepancy bothers him. The stacking lane that has been talked about. He still envisions that if you take that back ten (10) cars that when they do get a chance to take a right on West Ruritan and to go left into Chick-fil-A, he cannot see how it would not absolutely create a bottleneck reaching right back out on Rt. 460 again. Not everybody is going to let you through to go to Chick-fil-A. Unfortunately, people want to get there first and will not let you through. It is something that he is hoping that there was some fix that would make this work and he cannot in good conscience vote to approve this simply because he is not comfortable with the waiver of the site distance. Normally, he tries to within reason try to have faith in the citizens of the area and play off of their intuition; they know best what is best for them. When local chambers come, and no disrespect to the Chamber of Commerce, they come and make it look like a no vote on this is a vote against economic development and that bothers him. If Chick-fil-A had done any calming on the hill and made some changes that he felt would make things safer, he would be voting yes tonight. Every situation is unique and different and he has to in good conscience give it his best shot for the people in Roanoke County. For those reasons, he must vote to deny. The reconsideration was brought forward from an area outside of Hollins, but was hoping he had some real legitimate changes that he could support. 630 August 26, 2014 Supervisor Moore stated she would also like to thank everyone who came out and spoke tonight. She really appreciates you coming out and voicing your opinions and your concerns. We have a business here who wants to buy and a seller who wants to sell. She does not think in the world of democracy that we suggest that this business go to another location. She does not think that is a decision that we should be involved in. They should be able to work that out for themselves where they want to be and the seller to be able to sell his property for what he needs to sell it for. She thinks that Chick-fil-A has offered to make some safety improvements and thinks they will continue to make safety improvements on this property. She does support Chick-fil-A. Supervisor Peters stated his comments will be lengthy and apologizes if he needs to ask for an extension of ten (10) minutes will be glad to do so. He believes by saying he has been the center of personal attacks for about two (2) months now because contrary to Supervisor Church, we did bring this up on July 8th for reconsideration and it was passed five to zero (5 to 0). Over the last couple weeks there has been conspiracy theories so to speak that he has been withholding information. If you read our Board agenda, you will see that everything was sent out to all Board members when it was available. Someone referenced that he had a conversation back on the twenty something of this month and he had new information. The site plan that was presented to the Board tonight is dated August 25th. Everything that is provided is provided to all members, contrary to what he has heard that other Board members have said. We all are in this together; we are all given the same information. He is going to go down a list of things that he felt compelled to address. Many of you know that he asked for a thirty (30) -day extension last time that was denied. So, he did deny the petition because he wanted more time to do the work. He did ask for the reconsideration, which again was passed 5-0 and why we are here tonight. He was reminded of a conversation this past Friday night with Max Beyer. We talked at length and he has always enjoyed his conversations with Max, but he reminded him of a request made to the Planning Commission about five (5) months ago when they discussed the new McDonalds on Rt. 220. During that time, he requested the Planning Commission go back and review Rt. 220 and Rt. 460 because he believes they are the two (2) last main, commercial corridors set for development and we need to do it the right way. One of the concerns that he has heard repeatedly is the concern of a C-2 business backing up to a R-1 residential and the belief that this is inconsistent with the practice at Roanoke County. So, again, he did his research. You can look all along the Rt. 419 Corridor, the Plantation Road Corridor, and the Williamson Road Corridor and in most all cases the commercial properties back up to a R-1 area. A no right -turn on Ruritan that everyone is now saying is going to cause problems on Trail; the no right -turn was pushed and pursued by residents because they did not want people to come out and turn to go back up. Now, all of sudden that is an issue that is going to dump the traffic over on Trail and Blue View that was not there before. The only thing that has been repeatedly said is that this site is too small for a Chick-fil-A. He did a little research on that and the one at Valley View sits on a parcel of land that is .98 August 26, 2014 631 acre. This site is 1.38 acres, which is .4 of an acre larger. Concerns that the value if the proposal goes through that homes will decrease twenty to forty percent (20 to 40%) in value. Again, did some investigating and kept his facts in the Bonsack area. One of the ladies mentioned it tonight, he viewed the Walmart and Lowes area and behind there the value did not decrease, they continued to go up and to the best of his knowledge as he is down Rt. 460 all the time, that area continued to grow even during the recession. It is a very busy area and continues to grow and did not lose value. He actually looked behind the Kroger, Coke and Integrity Windows and wants to remind everyone that Integrity Windows is zoned industrial and backs up to a R-1. Those values too have not gone down. A statement was made the reason why we did this was for tax revenue. News flash to some, if we were simply after tax revenues we would have passed it the first time. He stated he did have concerns and he has listened to the neighbors. There were two concerns that came out the last time, site distance and the turning lane. Mr. Roop is absolutely correct, he is not going to deny it. On May 19th given the information he had he could not approve it. He also received information that we cannot do anything about that. It is 35 mph. Well, on August 6th and someone misconstrued the letter earlier, he and Delegate Head have talked with VDOT at length about this and the discussion is within three (3) months after the proposed business is opened, we will have VDOT come back and do a speed study because he believes it will go to 25 mph. Also, keep in the mind that the site distance waiver is not just for Chick-fil-A it is on that property. That is a misconception too, it is for that piece of property, not Chick-fil-A. If the speed limit is reduced, it will also take care of the site distance issue. On the other issue that came up on June 24th was the turning lane. Now, in full disclosure, yes he did have conversations, he was trying to resolve this. He heard citizens complain, he heard their concerns and that is what he took out of the June 24th meeting and the notes he made. Those were the two things that were concerns and that is why he pushed for the thirty (30) -day extension then to try and address those concerns. He did talk with the County's Planning and Zoning. He talked with Mrs. Goodlatte and the concerns he had over the turning lane. Chick-fil-A has now decided to do that at their expense. They have put nearly approximately $200,000 into this piece of property to improve traffic and safety issues. Now, tonight we have a whole different load of issues and he guesses his thing is he did listen the first time. He went back and spent sixty (60) days addressing those concerns and Brian Blevins with VDOT is here and can talk to you about it. He has talked to Mrs. Goodlatte and have come back with a solution, which is now in writing. Not that he does not trust his VDOT folks, but they put it in writing, it is in our packet. The County has a copy and he will hold them to it. With all that said, he does not have a problem with moving it forward at this time. He has listened to all the concerns and feel like what he came out with in the first meeting has been addressed and he does think we need to develop Rt. 460 the right way. He stated he thinks we have taken the additional time with this and knows there will be additional developments coming, but it is something we need to look at this commercial corridor and developing it and to do it the right way. 632 August 26, 2014 Chairman McNamara stated his biggest concern is safety and he thinks we have very good people advising us. He does not believe that VDOT put their stamp of approval on something that is not safe, he does not believe that. He thinks they have a site distance that is optimal. They have some capabilities to say that site distance is longer than the nationally recommended site distance for that speed limit. They have some flexibility to evaluate what is really safe for a neighborhood. In his opinion, it is safe. In his opinion, it is a commercial intersection and an appropriate use for that land. Supervisor Church stated if he made a mistake, he wants to say so publically. He then asked the Clerk and Mr. Mahoney if the Board had to take a vote for reconsideration and he was advised yes. He stated he did not think the prevailing side did not have to take a vote and stated that he is wrong. The television station was correct, it was his error. One side note that he thinks the Board needs to benefit from, he noticed in the package a letter from VDOT and it had everybody's name but the Supervisor from Hollins, Mr. Bedrosian. Why wasn't the sitting Board member copied? We should always make sure out of courtesy, probably just an oversight. Supervisor Bedrosian stated he wanted to make sure this is very clear. The entire Board did not want to reconsider this issue. One member of our Board wanted to reconsider, which is fine and he is okay with that. He has asked to be reconsidered and he was not given that courtesy, but normally, if a Board member wants to reconsider a vote, the courtesy is given that Board member. It is not that all of us wanted the reconsideration. The writing is one the wall when two (2) people last time voted yes and the one that voted no wants to reconsider. It is a courtesy to allow the reconsideration. The concerns from the very beginning from day one have always been West Ruritan, always the site distance and the issues of safety and he will end discussion tonight by stating that was never resolved. It won't. Supervisor Church asked the audience not to get up and run out. Supervisor Bedrosian's motion to deny the permit was denied by the following roll call vote: AYES: Supervisors Bedrosian, Church NAYES: Supervisors Moore, Peters, McNamara Supervisor Peters moved to approve the special use permit. He added that when he looked back at the accidents, the majority of the accidents were on Rt. 460 and not on Ruritan; contrary to what he had been given before. When you look back over time, most of those seemed to be rear ended; the majority of them were. He understands and he guesses that is why he was pushing very hard for the extension on the road because he believes that Supervisor Church brought up at the last meeting that instead of two cars, it should be six to eight and it made a lot of sense. When looking at the data that is what it ought to be. Mr. Mahoney asked for clarification regarding special use permit condition one. Mr. Peters advised it is to adopt a new site plan dated August 25, 2014. Mr. August 26, 2014 633 Peters then asked if the letter from VDOT can stand alone or does it need to be a part of the motion. Mr. Mahoney advised that would be at the pleasure of Supervisor Peters. Supervisor Peters then amended his motion to approve the special use permit with an updated site plan dated August 25, 2014, and to add the VDOT letter as number 4. Supervisor Bedrosian stated for clarification purposes that the VDOT letter states there will be a study three (3) months after Chick-fil-A opens. There is no action; nothing could be done at that time. Supervisor Bedrosian stated so there is no validity and Supervisor Peters advised he just wanted the letter in the record. ORDINANCE 0-082614-5 RECONSIDERING THE PETITION OF CORPORATE PROPERTIES SERVICES, INC. TO OBTAIN A SPECIAL USE PERMIT FOR A RESTAURANT, DRIVE-IN, OR FAST FOOD IN A C-1, LOW INTENSITY COMMERCIAL DISTRICT ON APPROXIMATELY 1.3825 ACRES LOCATED AT 3814 CHALLENGER AVENUE (TAX MAP NO. 050.05-01-19.00- 0000), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Corporate Property Services, Inc. filed a petition for a special use permit for restaurant, drive-in, or fast food in a C-1 Low Intensity Commercial District to be located at 3814 Challenger Avenue (Tax Map No. 050.05-01-19.00-0000) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 1, 2014, and acted on this matter on May 6, 2014; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 25, 2014; the second reading and public hearing on this matter was held on May 27, 2014. WHEREAS, this matter was continued until June 24, 2014; and WHEREAS, on June 24, 2014, the Board denied granting a special use permit to Corporate Property Services, Inc. for the operation of a restaurant, drive-in, or fast food establishment to be located at 3814 Challenger Avenue (Tax Map #050.05-01-19.00- 0000); and WHEREAS, at the Board's meeting held on July 8, 2014, Supervisor Jason Peters made a motion to reconsider the petition of Corporate Property Services, which motion was approved; and WHEREAS, the reconsideration of this matter was published in the Roanoke Times on August 12, 2014 and August 19, 2014; and WHEREAS, this ordinance granting a special use permit was reconsidered by the Board after a public hearing on August 26, 2014; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows:1. That the Board finds that the granting of a special use permit to Corporate Property Services, Inc. for a restaurant, drive-in or fast food located at 3814 Challenger 634 August 26, 2014 Avenue in the Hollins Magisterial District is substantially consistent with surrounding land uses along Challenger Avenue, but is not in conformance with the Transition area of the Future Land Use Map in the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: 1) The site shall be developed in substantial conformance to the site plan prepared by GBC Design, Inc. dated August 25, 2014, subject to any revisions required during site plan review. 2) The site shall be developed in substantial conformance to the architectural renderings titled "Challenger Avenue FSU — Roanoke, VA Store #03375" subject to any revisions required during site plan review and building plan review. 3) The dumpster shall only be serviced during the hours of 7:00 a.m. and 7:00 p.m. 4) The attached letter from the Virginia Department of Transportation dated August 6, 2014, is herein incorporated as a matter of record. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Peters, McNamara NAYS: Supervisors Bedrosian, Church IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church stated tonight what the audience witnessed is our democratic process at work. No matter how imperfect it seems, no matter what side of the ledger you are on, it is still the greatest process in the world in his opinion. Being the senior member on this Board for fifteen (15) years, he has been on the up side and down side of a lot of votes. Hundreds of them, however, he has always not felt like he lost when he is on the downside, nor did he feel like he won. The citizens either lost or won because that is how truly he feels his job is to represent the people in his area. He always tries to look back in sports when you take a hit and you lose, "rub some dirt on." Don't cry about it, we don't throw rocks at each other when we get outside. We get August 26, 2014 635 along and we do things together and he thinks compassion and heart -felt discussion is healthy. Wouldn't it be boring if it was 5-0, 5-0 and 5-0; probably make you think none of us are thinking about anything. Healthy discussion and disagreement is good for the citizens of Roanoke County. We don't make decisions up here that are haphazard; he knows he doesn't and thinks fellow Board members don't either. There is only one set of people that can make the ultimate changes in any government and it is the voters. You are the ones that can put people in and take people out, create majorities, create minorities. It happens every day all over the County. Don't give up. He advised he appreciated everyone being there. He thinks the citizens that come, he wished we had a roomful every night. He is sorry that we have to have a win or lose situation in a neighborhood or a controversy with a business to draw a crowd. Every single night we meet, something happens that effects you. He does not know how the Board is ever going to stop the apathy in the United States and Roanoke County. He hopes we can stop it and have people that come out other than the regulars like Max Beyer. He would like to see some new faces. Supervisor Peters advised in the last two (2) months he has received an untold amount of phone calls regarding this Chick-fil-A, both pros and cons. He knows he has been the center of a lot of personal attacks. He did a lot of homework and hopes that the Planning Commission is working diligently to relook at these two (2) corridors because he feels they will be vital to our economic development down the road. They are the last two we have left and they need to be done the right way. He advised that he was unable to make the Bobby Ragland event on Saturday, but he was very proud to be a part of the vote on that to name the field after Bobby. Since that time, what he has heard about this man is magnificent and off the charts. He commends him for his time and commitment to our children, his community and wish we had a thousand more just like him. Supervisor Moore stated she would like to echo Mr. Peters comments about Bobby Ragland. It was an incredible event and the world would be a much better place if we had a lot more people like him in Roanoke. Supervisor Moore wished everyone a happy and safe Labor Day on Monday. Supervisor Bedrosian stated there are a couple of things he would like to get added to the next Board meeting on September 9, 2014. We have been dealing private matters or a personnel issue and he asked for another Closed Session meeting including a third -party individual and would like to ask for that again to be a Closed Session on September 9, 2014. He would also like to ask for September 9, 2014, that we have a work session on Broadband again. This time he would like it to be opened to the private sector to have the main seats. He has already talked to Andrew Kohill, who is the President and CEO of Design Nine; he has actually met with him and he offered a proposal to Roanoke County back in 2012. He had actually proposed something back then of really more of a free market solution and so he has accepted an invitation to come back on September 9, 2014, and he thought we could have others, anybody that the other members of the Board felt appropriate for a free-market forum and say here is 636 August 26, 2014 the issue, we are looking at government forking over $2 million a piece to do something that he thinks the private sector really should do and is capable of doing far better than governments pitching in money and subsidizing the Broadband industry so he would like to open it up to the other Board members to invite somebody, i.e. Verizon, Cox. We had them there, but they really haven't said a whole lot. He thinks it would be a good forum discussion about what could be done. Also, since the last time, we passed the water tower last time; a $200,000 expense that we really did not need to because we wanted a spherical design that the Board thought looked better than a cylinder design. Both designs could have had cell towers put on them to defray the cost. If we went with the cylinder design, it would not have cost us anything and every cell tower that we put on top of it, we would have received income. The rough estimate was we were to receive $30,000 annually, split it with the water authority so we would get $15,000 and if we put three or four (3 or 4). We would have $60,000 with no outlay of money in the beginning. On the spherical one, which the Board decided with a three to two (3 to 2) vote cost us $200,000 right up front. This is money we spent that we did not have to, but it was on the condition and everybody on this Board talked about the fact that we would add cell towers to it. He wants a commitment from the Board that if that is how we voted that we will put cell towers on the spherical design and to make it worth it, it will have to be up to four of them. So, if we are going with a spherical design that we commit four (4) cell towers be on there. If we don't get any proposals, that is fine, but believes we have the Request for Proposal due tomorrow and by that time we should know and he would say the Board needs to commit that before we put the tower up that we will put at least four (4) cell towers up there and make a commitment from the Board. Supervisor McNamara thanked everyone that stayed with the Board this evening. We had a fairly long day with the morning session as well. He thinks the Broadband is very, very appropriate. He thinks it is something that as a Board we need to continually look at to truly understand what our situation is. We are going to do the due diligence and think this is another step to completing that due diligence and trying to understand what Roanoke County lacks, what the private sector can provide and whether it truly needs to be a public sector activity and he does not think there is anyone on the dais that wants it to be a public sector activity if the private sector can provide. Conversely, he thinks the majority of the Board thinks if the private sector cannot provide and it is truly impacting us from an economic development standpoint that we are going to step up. We do not know where we are and we will continue to study that with complete diligence. Roanoke County Schools started yesterday and we are very, very proud of our school system in Roanoke County so he wanted to say thank you and welcome back to the teachers and administrators; many of whom work year-round calendars, but some work ten months so they are just coming back and we are certainly happy to have them back. He knows the students are in various stages of excitement for the first and second day of school. It is a tremendous opportunity; we provide a great educational service and he is very, very proud of that department, the School Board and the School system. August 26, 2014 IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 9:08 p.m. Su miffed by: De orah C. J c s Deputy Clerk to the Board Approved by: Aeph P. McNamara 637 r August 26, 2014 PAGE LEFT BLANK INTENTIONALLY