Loading...
HomeMy WebLinkAbout9/27/2005 - Regular September 27,2005 1059 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 27,2005 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of September, 2005. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Michael A. Wray, Supervisors Joseph B. "Butch" Church, Richard C. Flora, Joseph McNamara MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Pastor Jack D. Woods, Oak Grove Assembly of God. The Pledge of Allegiance was recited by all present. 1060 September 27,2005 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested to add Item E-4, request to donate three surplus police vehicles to D'iberville, Mississippi. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1- Proclamation declarinQ October ~ throuQh ~ 2005. as Fire Prevention Week in the County of Roanoke Chairman Altizer presented the proclamation to the following representatives from the Fire Prevention Division of the Fire and Rescue Department: Randy Spence, Brian Simmons, and Jerry Spradling. Also in attendance were Chief of Fire and Rescue Richard Burch, and the following members of the Cave Spring Fire Station: Lt. Mike Lewis, Firefighter Chuck Straub, and Paramedic/Firefighter Edwards. IN RE: BRIEFINGS 1..:. BriefinQ from the Clearbrook Overlay Citizens Review Committee. (Randy KinQerv. President of the Clearbrook Civic LeaQue) Mr. Kingery, Chairman of the Clearbrook Overlay Citizens Review Committee, advised that the Clearbrook Village Overlay District was adopted five years ago, and that Supervisor Wray appointed him to serve on a committee to review the guidelines. He reported that the committee is recommending the addition of the regulations in paragraph (G) Architectural Treatment to Section 30-58-6, Special Regulations in the Clearbrook Village Overlay District, Roanoke County Zoning IN RE: September 27,2005 1061 Ordinance, as described in the written report he presented to the Board members. He advised that these regulations, which pertain to colors and flat roofs, were included in the overlay guidelines but not in the ordinance. It is the committee's recommendation that these regulations be added to the ordinance. Supervisor Wray thanked Mr. Kingery and members of the committee present for their participation on this committee. He expressed appreciation to Rodney McNeil, a member of the Planning Commission, for his assistance in attending these meetings. Mr. Kingery also expressed his appreciation for Mr. McNeil's involvement in the meetings. Supervisor Wray requested that staff meet with the committee to review the recommendations and report back to the Board. Supervisor Church asked Mr. Mahoney about the time frame required for implementing the changes requested by the committee. Mr. Mahoney advised that the Board would refer this item to the Planning Commission which would review it at one or more work sessions and after a public hearing, they would send the item back to the Board for their consideration. Mr. Mahoney advised that the Board has already given directions to the staff and the Planning Commission to consider a number of other zoning ordinance amendments so they may have to set priorities. He advised that he felt that a sixty to ninety day time frame would be sufficient. Supervisor Church advised that this change should have been done initially, and he suggested moving forward as quickly as possible. Mr. Hodge advised that since the changes will be to the ordinance, 1062 September 27,2005 it will have to be reviewed by the Planning Commission and with the advertising requirements, any review would require at least sixty days. Supervisor Wray requested that staff, including Mr. Hodge and Mr. Mahoney, meet with the committee and bring back recommendations and alternatives to the Board within sixty days. IN RE: NEW BUSINESS 1. Adoption of ~ list of interstate and primary road proiects and resolution to be presented at the VirQinia Department of Transportation (VDOT) public hearinQ for fiscal years 2007-2012 six-year improvement prOQram. (Anthony Ford. Transportation Enqineerinq Manaqer) R-092705-1 Mr. Ford advised that the Commonwealth Transportation Board (CTB) is holding public hearings from late September to mid-November to receive comments about which essential rail, public transportation, bicycle, pedestrian, and highway projects (primary and interstate roads) should be included in the fiscal years 2007-2012 six-year improvement program. This year's public hearing for the Salem District is scheduled for September 27,2005 at the Salem Civic Center at 4:00 p.m. Mr. Ford advised that the projects included in the fiscal year 2005-2006 VDOT six-year improvement program that County staff and Board recommend for continuance of funding for planning and construction are as follows: (1) Interstate 73; September 27,2005 1063 (2) Interstate 81; (3) Route 11/460 (West Main Street); (4) Route 221 (Bent Mountain Road); (5) Bridge on Route 116 (Jae Valley Road); and (6) safety/mobility improvements to Route 220. Mr. Ford advised that the Board previously requested funding for Route 221, the bridge on Route 116, and the safety improvement to Route 220, and these projects are now included in the six-year plan with funding. Mr. Ford advised that the projects that are not included in the fiscal year 2005-2006 VDOT six-year improvement program but which staff has identified as extremely important to the continued growth and/or safety of the County are as follows: (1) Route 221 (Bent Mountain Road); (2) Route 11 (Williamson Road); (3) Route 115 (Plantation Road); (4) Route 220 (Franklin Road); (5) Route 116 (Jae Valley Road); (6) Route 460 East (Challenger Avenue); and (7) Route 419 (Electric Road). Mr. Ford advised that the other projects which are not included in the fiscal year 2005-2006 VDOT six-year improvement program but that staff and the Board feel deserve consideration for spot improvements are as follows: (1) Route 419 (Electric Road) - intersection improvements throughout the corridor; (2) Route 118 (Airport Road) - construct left-turn lane at intersection with Route 623, Dent Road; (3) Route 24 (Washington Avenue) - improvements at the intersection of William Byrd High School; and (4) Route 311 (Catawba Valley Road) - construct left-turn lane at intersection with Route 864, Bradshaw Road, Mason's Cove area. 1064 September 27,2005 Mr. Ford requested that the Board adopt the list of projects and resolution which he will present at the VDOT update hearing for fiscal years 2007-2012 six-year improvement program later today. Supervisor Wray quoted the staff comments for Item A-6, safety and mobility improvements through Route 220, as follows: "We support continued funding of safety and mobility improvements and crossover closures and desire the continuance of that work." He advised that it was his understanding from VDOT that they were putting this out for bid and that there were questions about closing some of the crossovers. He requested that the words "turn lanes" be included in the request for funding of Route 220 so that VDOT does not think that crossover closures is all that is necessary. Mr. Ford advised that items in Section A have been funded by VDOT, and he suggested that Supervisors Wray's addition be made to Item B-4 which is the section for items that do not have funding. Supervisor Wray concurred that his request to add "turn lanes" should be placed in the comments for Item B-4. Supervisor Altizer inquired about the total amount of funding allocated for the funded projects in the six-year plan. Mr. Ford advised that the actual allocation in fiscal year 2005-2006 is $8.28 million which is a large increase from the allocation of $1.7 million for 2004-2005. He advised that the main reasons for the increase are funding for the preliminary engineering and right-of-ways for 1-81, Route 11/460 and Route 221. September 27,2005 1065 In response to Supervisor Altizer's inquiries, Mr. Ford advised that the funding of $8.28 million is allocated by the state, and he does not have the total cost to complete all of the projects. Supervisor Altizer advised that the reason for his inquiries was to inform the citizens that the six-year improvement plan is a ranking of projects and does not mean that these projects are going to be started or completed. Mr. Ford advised that after consulting his information on the Route 221 project, the total estimate for that project is $13 million with $1.7 million already allocated. He reported that for fiscal year 2005-2006, the allocation is $3.3 million and before fiscal year 2011 that project will be completely funded. He advised that information on this project and the other projects is available on the VDOT website. Supervisor Altizer advised that it would take millions of dollars to completely fund all six projects on the plan. He would like for the citizens to understand that the funding of the transportation budget by the state legislature can positively or negatively affect the County and its projects. Supervisor Church moved to adopt the resolution with Supervisor Wray's request to add "turn lanes" to Item B-4, Route 220 (Franklin Road). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 1066 September 27,2005 RESOLUTION 092705-1 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION, VDOT, TO CONTINUE FUNDING PROJECTS CURRENTLY IDENTIFIED IN THE FISCAL YEAR 2005-2006 VDOT SIX- YEAR IMPROVEMENT PROGRAM AND TO ADOPT THE PRIORITIZED LIST OF INTERSTATE AND PRIMARY ROAD PROJECTS HEREIN IDENTIFIED AS "NOT INCLUDED IN THE FISCAL YEAR 2005-2006 VDOT SIX-YEAR IMPROVEMENT PROGRAM" FOR INCLUSION INTO THE FISCAL YEAR 2007-2012 SIX-YEAR IMPROVEMENT PROGRAM. WHEREAS, the Six-Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHEREAS, this program is updated annually to assist in the allocation of federal and state funds for interstate and primary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: A. That the following projects identified as "included in the Fiscal Year 2005- 2006 VDOT Six-Year Improvement Program" are recommended for continuance of funding for the planning and construction of said projects. 1. Interstate 73 - In a letter dated June 3, 2001, the Board of Supervisors encouraged VDOT to work closely with the impacted citizens to address their concerns and mitigate any negative impacts to them. This is in addition to the resolution 120500-2 passed December 5, 2000 reaffirming the Board's support for 1-73. 2. Interstate 81 - Roanoke County continues to support VDOT's proposed plan to widen 1-81 from its present four lanes. We look forward to continuing our partnership with VDOT to develop regional cooperation for storm water detention facilities, potential utility crossings, and other design issues that could impact Roanoke County's future. 3. Rte. 11/460 (West Main St) - From: Salem City limits, To: 0.10 mi west Rte 830, Technology Dr. - Roanoke County continues to support the ongoing design for improvements in this important commercial and residential development area. Improvements will provide an increase in the level of service, bringing it up to standards required for the expected growth. 4. Rte. 221 (Bent Mtn Rd) - From: Rte 735, Coleman Rd., To: Rte 688 Cotton Hill Rd. - This project had been removed from the Six-Year Improvement Program but was reinstated in FY 05-06. Funds allocated to Rte 221 in the FY 05-06 Program were only for a portion of the corridor that was originally scoped. The residential development that has occurred/expected to occur within this area will September 27,2005 1067 place additional demands on the road system that is currently providing an inadequate level of service. 5. Bridae Replacement Rte. 116 (Jae Valley Rd.) over Back Creek- The VDOT Salem Residency has notified staff that the bridge over Back Creek is in need of repair and we wish to offer our support for improvements to the approaches and bridge replacement. 6. Rte. 220 Safety/Mobility Improvements - We support continued funding of safety and mobility improvements and crossover closures and desire the continuance of that work. B. That the following projects identified as "not included in the Fiscal Year 2005-2006 VDOT Six-Year Improvement Program" have been identified, prioritized, and selected by the Board of Supervisors as extremely important to the growth of Roanoke County and/or for safety improvements and are requested to be included in the Fiscal Year 2007- 2012 VDOT Six-Year Improvement Program. 1. Rte. 221 (Bent Mtn Rd) - From: Rte 688 (Cotton Hill Rd), To: Rte 694 (Old Bent Mtn Rd) - Portions of the Rte 221 corridor have been funded for Preliminary Engineering. Roanoke County is requesting Right-of- Way and Construction funding for the extension of the project to extend to the base of Bent Mountain. The much needed improvement project is due to increasing residential demands on corridor. 2. Rte. 11 (Williamson Rd) - From: Rte 117 (Peters Creek Rd), To: Roanoke City limits - Now that Rte 11 has been widened from Plantation Road to Hollins College, this particular section of three-lane road remains to be improved. Additionally, the existing bridge over Carvins Creek does not meet current standards, and the alignment of Florist Road with Rte 11 creates additional congestion and safety concerns. The existing section of road, 1.52 miles in length, is currently a three-lane road with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are developed for commercial use. 3. Rte. 115 (Plantation Rd) - From: Roanoke City limits, To: Rte. 11 (Williamson Rd) - This two-lane section of Plantation Road is approximately 2.43 miles in length with numerous secondary road connections. If full funding were not available, various spot improvements, such as turn lanes, alignment and grade improvements would help with safety issues. Additional land is available along the road for future development, which will increase traffic and construction costs in the future. 4. Rte. 220 (Franklin Rd) - From: Rte 419 (Electric Rd), To: Franklin Co. line - Increasing commercial and residential development and commuter traffic have placed transportation demands on this corridor. 1068 September 27,2005 Additional lanes, turn lanes, improved vertical alignment, and/or spot improvements are needed. 5. Rte. 116 (Jae Valley Rd) - From: Roanoke City limits, To: Franklin Co. line - This road is serving the growing commuter traffic from Franklin County and recreational traffic to Smith Mountain Lake. We need to provide safety and capacity to its users (Note: there is funding for the bridge on Rte 116 in FY 05-06; however need road improvements, as well). 6. Rte. 460 (Challenaer Ave) - From: Roanoke City limits, To: Botetourt Co. line - The continued residential, commercial, and industrial growth within this corridor has increased traffic demands. 7. Rte. 419 (Electric Rd) - From: Salem City limits, To: Roanoke City limits (US 220) - The need is based on existing traffic volumes, current and anticipated economic development, and accident history. Could focus on operational improvements (e.g. turn lanes, signal coordination, etc.) from Salem City limits to Rte 221; need to add capacity from Rte 221 to US 220. C. That the following projects identified as "not included in the Fiscal Year 2005-2006 VDOT Six-Year Improvement Program" are recommended for spot improvements and for inclusion in the Fiscal Year 2007-2012 VDOT Six-Year Improvement Program. 1. Route 419 (Electric Road) - Intersection improvements throughout corridor 2. Route 118 (Airport Road) - Construct left-turn lane at intersection with Rte. 623 (Dent Rd.) 3. Route 24 (Washinqton Avenue) - Improvements at the intersection of William Byrd High School 4. Route 311 (Catawba Valley Road) - Construct left-turn lane at intersection with Route 864 (Bradshaw Road - Mason's Cove area) On motion of Supervisor Church to adopt the resolution with Supervisor Wray's request to add "turn lanes" to Item B-4, Route 220 (Franklin Road), and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None September 27,2005 1069 2. Request to appropriate funds in the amount of $123.000 for renovations to the Roanoke County Courthouse. (Anne Marie Green. Director of General Services) A-092705-2 Ms. Green advised that the Roanoke County Courthouse was built in 1985 and since that time, various renovations have been needed to keep pace with technology and to adjust to increasing workloads. She advised that funding has also been needed for repair and replacement of major equipment and currently there are three projects underway at the Courthouse. Ms. Green advised that first project was created because the Commonwealth of Virginia authorized an additional judge for the Roanoke County Circuit Court which necessitates additional office space. Plans are currently being made to enclose the Circuit Court judges waiting area for this purpose, and funding is available in the courthouse renovation account for this project. Ms. Green advised that the second project is to provide videotaping capability for Courtroom 5 which will enhance the ability of the Circuit Court Clerk to provide transcripts for participants in trials. Two of the three Circuit Court courtrooms have videotaping capability but Courtroom 5 does not have this capability which makes it difficult for judges, clerks, attorneys and litigants to review court proceedings without obtaining a written transcript. The Judges and the Clerk have indicated that this is a cumbersome procedure and service to the citizens would be improved by installing a 1070 September 27,2005 videotaping system in Courtroom 5. Ms. Green advised that funding is not available for this project. Ms. Green advised that the third project is to replace the heating and air conditioning system serving the Commonwealth's Attorney's office on the second floor of the Courthouse which has been inadequate for some time. The area is divided into many offices and conference rooms which make it difficult to keep the temperature balanced throughout the space. She reported that replacing this system will also require replacing the entire ceiling in the area which will increase the cost of the project. Ms. Green advised that the cost for installation of the video recording system is estimated at $43,000 and the cost of the heating, ventilation and air conditioning system in the Commonwealth Attorney's Office is estimated at $80,000. She advised that funds are available in the minor County capital reserve account, and staff recommends that the Board approve the funding for these two projects. Supervisor Church moved to approve staff recommendation (approve the request to! _ "i9~() _ ~gLJiplT1~nt_ !or_ 9_0_u_rtS()()ITl_ _5_ _a_nd_ ~pg~C!<!~ _of_ !h_e_ _h_e_a!i!lg_ 9119 _ 9ir _ / / conditioning system for the Commonwealth's Attorney's office and appropriation of $123.000 from the Minor County Capital Reserve for this proiect). The motion .ca_r~i~9_ by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None Deleted: for appropriate of funds from ??? to the Courthouse Renovation Account / 1 Deleted:. September 27,2005 1071 3. Request for approval of Deputy Clerk position for Clerk of the Circuit Court. (Steve McGraw. Clerk of the Circuit Court) A-092705-3 Mr. McGraw advised in late August 2005, the judges of the 23rd Judicial Circuit which consists of the Cities of Roanoke and Salem and the County of Roanoke, decided that a third judge would begin presiding in Roanoke County Circuit Court as of January 1, 2006. This action is necessary due to an increase in the number of criminal cases being heard. He advised that he does not have any empirical evidence that crime is up in Roanoke County because nationally it is down; however, it could be that the Police Department is doing a better job of apprehending people and bringing these cases to the court system. Mr. McGraw advised that in addition to creating the necessity for additional office space for a third Circuit Court judge in the Courthouse, as requested by Ms. Green in the previous agenda item, the change in judicial procedures has also resulted in the need for a sixth Deputy Clerk in the criminal division of the Clerk of the Circuit Court's office. The level of expertise required for such a position is at the Deputy Clerk II level of training and experience, and he is requesting approval of this position. Supervisor Church advised that very seldom does the Board heard about inadequate service or unfulfilled needs from citizens about the Circuit Court Clerk's Office, and it seems that the office has been self-sustaining. He expressed appreciation to Mr. McGraw and his staff for the fine job that they are doing. Mr. McGraw advised 1072 September 27,2005 that the sixteen dedicated Deputy Clerks are the reason that the office functions in such an excellent manner. Supervisor Church moved to approve the staff recommendation. Supervisor Wray expressed appreciation to Mr. McGraw and his staff and advised that he felt the need was justified. Supervisor Altizer advised that the Circuit Court Clerk's Office high rate of collection of recordation fees with the same amount of people shows that there are high standards for employees and this filters down from good leadership. He expressed appreciation to Mr. McGraw for the job that he is doing. Supervisor Church's motion to approve staff recommendation (approval of an additional Deputy Clerk II position in the County's Classification Plan for the Clerk of the Circuit Court; an appropriation of $25,525 for the related increase in personnel expenditures in the Clerk of the Circuit Court's budget; and an appropriation of additional revenue in the amount of $25,525 from recordation fees) carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None !. Request to approve donation of three surplus police vehicles to D'iberville. Mississippi. (Elmer HodQe. County Administrator) A-092705-4 Mr. Hodge advised that this agenda item was added because staff was verifying the needs with the locality. He advised that the Board appropriated funds at September 27,2005 1073 the September 14 meeting to the Red Cross to assist with the relief for Hurricane Katrina. He advised that this request was made by Travis Anderson, a County employee with the Fire and Rescue Department, who took vacation leave to go to Mississippi to assist with the relief efforts. Mr. Hodge advised that Mr. Travis reported that the locality of D'iberville, Mississippi, needed vehicles for public safety since approximately half of their vehicles were damaged by the flood. Mr. Hodge advised that the locality would take vehicles with any amount of mileage and there will be no cost to the County to transport the vehicles to Mississippi. Mr. Hodge advised that he contacted Chief Burch, Fire and Rescue, and Chief Lavinder, Police Department, and found three surplus police vehicles with 100,000 miles which are in suitable condition to be of assistance. These surplus vehicles would normally be sold at auction and bring approximately $2,000 each. Mr. Hodge requested that the Board approve donating these surplus vehicles to the D'iberville Fire Department and advised that staff will make sure that all of the necessary documents are handled properly. 1074 September 27,2005 Supervisor Wray inquired if the vehicles need any modifications before they are transported. Mr. Hodge advised that all of the Roanoke County equipment has been removed, as is done when vehicles are declared surplus to be sold, and they are ready to be donated. Mr. Hodge further advised that there are volunteers who will transport the vehicles to the locality. Supervisor Flora advised that he knew that a number of County and School employees used their personal time and money to provide assistance to the victims of Hurricane Katrina. He advised that these vehicles are a small gift and if there are other ways the County can be of assistance to the localities in that area, it should be taken into consideration. He commended the County and School employees who provided assistance. Supervisor McNamara advised that the donation is appropriate and moved to approve the staff recommendation. He advised that he agreed that employees who provided assistance should be recognized and suggested that they be recognized at a future Board meeting. He also noted that there may be employees who do not want to be recognized and this should be taken into consideration. Supervisor McNamara's motion to approve staff recommendation (donate three surplus vehicles to the D'iberville, Mississippi Fire Department) carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None September 27,2005 1075 IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Altizer moved to approve the first readings and set the second readings and public hearings for October 25, 2005. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Church, Wray, Flora, Altizer None 1..:. First readinQ of an ordinance to amend the Roanoke County ZoninQ Ordinance. Section 30-29-5 commercial use ~ to include ~ new definition for "adult business". and Section 30-54- 2(B)2 C-2 General Commercial to add adult business as ~ use allowed only ill[ special use permit and Section 30-85- to add additional use and desiQn standards for adult businesses upon the petition of the Board of Supervisors 2. First readinQ of an ordinance to obtain ~ special use permit to construct mini-warehouses on 1.503 acres located at 2205 WashinQton Avenue. Vinton MaQisterial District. upon the petition of Winter Properties Partnership. LLC 3. First readinQ of an ordinance to obtain ~ special use permit to construct an accessory apartment on .43 acres located at 3652 1076 September 27,2005 Bond Street. Windsor Hills MaQisterial District. upon the petition of Thomas Q. Johnson FIRST READINGS OF ORDINANCES 1..:. First readinQ of an ordinance amendinQ the Roanoke County Code ill[ the addition of Article III. "Adult Businesses" to Chapter 11.: "Offenses: Miscellaneous". (Paul Mahoney. County Attorney) Mr. Mahoney advised that Item G-1 is the companion ordinance to Item F- 1 on the first reading consent agenda. He advised that he is recommending a two-part approach as follows: (1) imposing certain restrictions and regulations and limitations via the zoning ordinance; and (2) utilizing a licensing or permit application approach ordinance. The licensing or permit application ordinance has been proven successful in litigation that went to the Virginia Court of Appeals, and this ordinance is patterned after the ordinances of the Counties of Henrico, Chesterfield and Prince William. Mr. Mahoney advised that the licensing ordinance in this agenda item creates a mechanism based upon a series of definitions, a permit application and issuance of a permit by the Chief of Police. The permit application requires detailed information from persons operating an adult business. It establishes grounds for revocation of the permit, a procedure for appeals based upon a denial of an application or revocation of the permit, and provides for prompt judicial review. Mr. Mahoney advised that incorporated in this ordinance is a lengthy series of findings to provide legislative support for the Board's action. IN RE: September 27,2005 1077 Mr. Mahoney advised that his office, the Police Department and the Commonwealth Attorney's Office have worked on these ordinances for over a year and are recommending this two-part approach. Mr. Mahoney advised that the second reading and public hearing of this ordinance will not occur until October 25 so it can be heard at the same time as the rezoning amendment ordinance. There was no discussion on this item. Supervisor Altizer moved to approve the first reading and set the second reading and public hearing for October 25, 2005. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Church, Wray, Flora, Altizer None 2. First readinQ of an ordinance authorizinQ the exercise of an option and the acquisition of certain real estate from John T. Parker consistinQ of approximately 6.28 acres for future County use. Windsor Hills MaQisterial District. (Diane D. Hyatt. Chief Financial Officer: Paul Mahoney. County Attorney) Ms. Hyatt advised that on July 12, 2005, the Board approved entering into an option to purchase a 6.28 acre parcel of land owned by John Parker. This property adjoins the Oak Grove School property and the park area maintained by the County Parks & Recreation Department. Staff has received the phase one environmental site assessment and a title exam on the property and they do not indicate any problems with 1078 September 27,2005 the site. This is one of the sites that the Board is considering for the new South County library; however, it also has potential for other County uses, such as Parks & Recreation. The purchase price is $275,000, and the option price of $5,000 will be applied to the purchase price. She advised that the funds have already been appropriated and are available in the capital fund. Ms. Hyatt stated that staff recommends approving the first reading of the ordinance authorizing the purchase of this property with funds available in the capital fund. The second reading of this item will be held on October 11, 2005. Supervisor McNamara advised that everyone is aware of the difficulties of finding suitable land for public purposes in certain areas of the County and this is a tremendous opportunity to purchase this property. He encouraged the Board to move forward with the first reading of the ordinance. Supervisor McNamara moved to approve the first reading and set the second reading for October 11, 2005. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Church, Wray, Flora, Altizer None September 27,2005 1079 IN RE: APPOINTMENTS 1..:. Capital Improvement ProQram (CIP) Review Committee (Appointed ill[ District) Supervisor Altizer nominated Erica Kuelz, a senior at William Byrd High School, to represent the Vinton District for a one-year term that will expire on August 31, 2006. He requested that confirmation of this appointment be placed on the consent agenda. Supervisor Altizer introduced Ms. Kuelz and her mother who were present at the meeting. IN RE: CONSENT AGENDA R-092705-5 Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None RESOLUTION 092705-4 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: 1. That the certain section of the agenda of the Board of Supervisors for September 27, 2005, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of minutes -August 23 and September 13, 2005 1080 September 27,2005 2. Confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals), Capital Improvement Program (CIP) Review Committee, and Grievance Panel 3. Request from the Library to accept and appropriate two literacy grants totaling $2,500 from the Wal-Mart Foundation 4. Request from the schools to appropriate $9,250 for construction of the Arnold R. Burton Modular Home Pavilion 5. Request from the schools to appropriate dual enrollment revenues in the amount of $610.64 6. Request from the Community Development Department to accept and appropriate grant funds in the amount of $10,000 from the Department of Forestry 7. Request from Fire and Rescue Department to accept and appropriate grant funds in the total amount of $74,339 from the Virginia Department of Health 8. Request from the Police Department to accept and appropriate grant funds in the total amount of $92,192 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None IN RE: REQUESTS FOR WORK SESSIONS 1..:. Request to schedule ~ work session on October .1.1. 2005. to review the Bikeway Plan for the Roanoke Valley Area MPO. (Anthony Ford. Transportation EnQineerinQ ManaQer) There was a consensus of the Board to schedule the work session on October 11 , 2005. September 27,2005 1081 IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 1..:. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board ContinQency 4. Future Capital Projects 5. Accounts Paid = AUQust 2005 6. Statement of expenditures and estimated and actual revenues for the month ended AUQust ~ 2005 7. Statement of Treasurer's accountability per investment and portfolio ~ as of AUQust ~ 2005 8. Public Safety Center BuildinQ Project BudQet Report 9. Public Safety Center BuildinQ Project ChanQe Order Report 1Q."Jail Study Costs Report CLOSED MEETING IN RE: At 4:05 p.m., Supervisor Altizer moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion of the terms or scope of a public contract where discussion in open session would 1082 September 27,2005 adversely effect the bargaining position or negotiating strategy of the County, namely an agreement with the City of Roanoke concerning regional fire and rescue service delivery. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None IN RE: WORK SESSION 1. Work session to discuss the followinq issues related to the Western VirQinia ReQional Jail Authority. (John M. Chambliss. Assistant County Administrator) The work session was held from 4:20 p.m. until 4:50 p.m. (a) Interim financinq Mr. Chambliss advised that the Authority has obtained the services of a bond counsel and a financial advisor and is preparing to borrow money for the payment of professional service fees, purchase of land, and other related expenses until the project is bid and the bonds are issued. The interim financing will be approximately $10 million and will be rolled into the permanent financing bonds after the construction bids are received in the late summer 2006. The participating localities have been asked to assist with this interim funding, and the County's share is approximately $140,000 which will be allocated from the previously approved appropriation of $250,000. He advised that the Board will be requested to adopt a resolution at the evening session to approve the interim financing for the Authority. September 27,2005 1083 (b) Draft service aQreement Mr. Chambliss advised that the service agreement, which outlines the terms and conditions under which localities contract with the Authority, is one of the major documents that must be approved by the Authority and each of the member localities. A copy of the service agreement was distributed to the Board with their agenda. The Authority intends to adopt the document at their October 6 meeting and the service agreement will be presented to the Board for approval at the October 11 meeting. Mr. Chambliss reviewed the following sections of the draft service agreement: (1) formation of the Western Virginia Regional Jail Authority (WVRJA); (2) how the authority will build, own and operate the regional jail facility; (3) financing of the facility; (4) budgeting information; (5) members of the Authority, including the addition or withdrawal of a member; and (6) general operating items. 2. Work session to discuss preliminarv unaudited results of operations for the year ended June ~ 2005. (Diane Hyatt. Chief Financial Officer: Rebecca Owens. Director of Finance: Brent Robertson. Director of ManaQement and BudQet) The work session was held from 4:50 p.m. until 5:25 p.m. Staff present included the following: Diane Hyatt, Chief Financial Officer; Rebecca Owens, Director of Finance; and Brent Robertson, Director of Management and Budget. Ms. Owens advised that the preliminary unaudited revenues for the County operations for the year ended June 30, 2005 exceeded budgeted revenues by 1084 September 27,2005 $1.8 million. The additional revenues collected were primarily from increased tax collections in the areas of real estate, recordation and conveyance, bank franchise and cellular phone. She advised that the $1.8 million is being allocated as follows: (1) $1.1 million to the general fund unappropriated balance to bring the County to the level of 8.5% for the 2005-2006 fiscal year per approved policy; (2) $54,393 to Fire and Rescue from the excess rescue fees; and (3) $679,628 to the major County capital reserve. Ms. Owens advised that the total departmental savings are $1.4 million and of that amount, $310,000 was a one-year savings on the first year principal payment for the public safety building; therefore, the actual departmental savings are approximately $1.1 million. According to the Board's adopted policy, the departments are eligible to keep up to 60% of the savings if the funds are used on expenditures that are not recurring or capital, and these funds total $561,423. She advised that after the funding of $70,460 for the animal control officers, the remaining $784,359 will be allocated to the minor capital reserve per approved policy. Mr. Robertson advised that there was an increase of approximately 4.9% in revenues for the actual 2004-2005 budget. He stated that the County is in good economic shape at this time; however, he advised caution for the future because of rising gasoline prices and the rate of inflation being increased to 3.5%. Mr. Robertson reported on the departmental rollovers and advised that a request for approval of these funds will be brought back to the Board on November 15. Ms. Owens advised that some of the departments requested less than 60% of the September 27,2005 1085 rollover funds that they could have received per the approved policy. Mr. Robertson advised that there was a deviation from the policy because of the requests from the Police and Fire and Rescue Departments for 100% of their rollover funds for furniture for the public safety building since funds have not been budgeted for furniture. N RE: CLOSED MEETING The closed meeting was held from 5:30 p.m. until 5:40 p.m. IN RE: CERTIFICATION RESOLUTION R-092705-6 At 7:00 p.m., Supervisor Altizer moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None RESOLUTION 092705-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. 1086 September 27,2005 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None IN RE: ANNOUNCEMENT Chairman Altizer advised that Item S-3, the rezoning petition of R. Fralin Development Corporation, would be heard as Item S-2 because the petitioner has advised that he will request a continuance of the public hearing and one person has asked to speak regarding this item. IN RE: RECOGNITION Chairman Altizer recognized Mike Mayo, Assistant Scout Leader, and members of Boy Scout Troop 221 from Cave Spring United Methodist Church who were attending the meeting. IN RE: NEW BUSINESS 1. Request to adopt resolution whereby each member locality of the Western VirQinia ReQional Jail Authority accepts responsibility for their proportionate share of the .iill! costs until the service aQreements and interim financinQ are completed. (John Chambliss. Assistant County Administrator) R-092705-7 Mr. Chambliss advised that this resolution has been presented to the other three jurisdictions of the Western Virginia Regional Jail Authority (Authority) which was established in June 2005. The Authority has hired bond counsel and a financial advisor September 27,2005 1087 to assist in preparing for the borrowing of money for this project, and has also entered into contracts for professional services for the various surveys and mapping that is required on the property. He advised that approvals have been obtained from the State Board of Corrections and the request for funding will be included in the Governor's capital budget at the 2006 General Assembly. The temporary borrowing that the Authority will be considering is approximately $10 million and they anticipate closing on the loan by the end of October. Mr. Chambliss advised that the Authority and the local governments need to approve the service agreement and this resolution before the interim borrowing can be obtained. This resolution requests that each of the local governments be responsible for the debts that have been incurred up to the time that the temporary borrowing is put into place, at which time either the locality or the Authority can reimburse itself from the borrowed funds. The expenses that have already been authorized through September 2005 total $373,848, of which the County's share would be approximately $142,062. The $250,000 previously appropriated by the Board will cover the County's share and adoption of this resolution signifies that the County accepts its responsibility for the Authority's debts until such time as the loan is received. He requested that the Board adopt the resolution. Supervisor Wray advised that by serving as a member of the Authority, he understands what went into accomplishing this action and stated that while it has not 1088 September 27,2005 been easy, the project is continues to move forward. He thanked Mr. Chambliss for his work on this project. Supervisor Church advised that his vote will be negative on this item which is consistent with each and every vote he will make concerning the regional jail. He advised that while the site may be the most appropriate one, the manner in which it was selected was questionable, and he wanted this comment on the record. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Wray, Flora, Altizer NAYS: Supervisor Church RESOLUTION 092705-7 WHEREBY EACH MEMBER LOCALITY OF THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY ACCEPTS RESPONSIBILITY FOR THEIR PROPORTIONATE SHARE OF THE JAIL COSTS UNTIL THE SERVICE AGREEMENTS AND INTERIM FINANCING ARE COMPLETED WHEREAS, the County of Roanoke is a member of the Western Virginia Regional Jail Authority (hereinafter "Authority"); and WHEREAS, the Authority is in the process of planning for the construction and operation of a regional jail; and WHEREAS, the construction of the jail is expected to be funded by proceeds of the sale of bonds which will include the costs of professional services necessary for construction of the jail; and WHEREAS, the Authority is not yet in a position to issue bonds; and WHEREAS, the Authority is currently working to obtain interim borrowing not to exceed $10 million which will cover architectural/engineering plans, property acquisition, and early site work, and WHEREAS, the interim borrowing is expected to be rolled into the permanent financing in the Fall of 2006, and WHEREAS, it is in the Authority's best interest to hire providers of professional services including, but not limited to architectural/engineering, bond counsel, and legal counsel but lacks the funds at this time to do so, and September 27,2005 1089 WHEREAS, each member locality of the Authority is being requested to reimburse the Authority for these professional costs until such time that a service agreement is adopted by the participating members of the Authority, and WHEREAS, such proportionate costs paid by each member locality will be reimbursed to the member localities by the Authority once the Authority has secured interim borrowing; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke that it will reimburse the Authority, subject to appropriation, in the same proportion as the proportion of beds allocated in the agreement to create the Authority for professional service fees incurred by the Authority prior to the time of adoption of a service agreement in the event that proceeds of a bond sale are not available for the professional fees. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Wray, Flora, Altizer NAYS: Supervisor Church IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1..:. Continued until October 25 at the request of the PlanninQ Commission. Second readinQ of an ordinance to consider spot bliQht abatement of property located at 3821 Colony Lane. Cave Sprinq Maqisterial District. upon the petition of the Roanoke County BuildinQ Commissioner. (Janet Scheid. Chief Planner) Chairman Altizer advised that this item has been continued until October 25 at the request of the Planning Commission 2. Second readinQ of an ordinance to rezone approximately 9.95 acres from R-1. SinQle Family Residential District. to PRD. Planned Residential District with conditions. to construct 60 townhomes at ~ density not to exceed U units ill!!: acre located at the corner of Newland Road and Peters Creek Road. Hollins 1090 September 27,2005 MaQisterial District. upon the petition of R. Fralin Development Corporation. (Janet Scheid. Chief Planner) A-092605-8 Supervisor Flora advised that he did not have any questions regarding this item and that he intended to make a motion that the public hearing be continued for thirty days. Mr. Fralin, petitioner, advised that they were able to work with VDOT to move the entrance from Crosstimbers Trail to Newland Road, which seemed more appropriate to the neighborhood. He advised that because of this change, the County has requested a community meeting which is scheduled for October 5. Supervisor Flora moved to continue the public hearing until October 25, 2005. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None The following citizen spoke regarding this item: Patricia Hammond. 7214 Crosstimbers Trail, advised that she originally opposed the rezoning but she promised Mr. Fralin that if he would not open up Crosstimbers Trail to through traffic, she would support it. She advised that although she cannot speak for everyone, she is also convinced that many of the neighbors support the rezoning. She expressed appreciation to Mr. Fralin for being considerate of the neighbors' concerns. September 27,2005 1091 3. Second readinQ of an ordinance to rezone 375+ acres from ARCS. AQricultural Residential with conditions and ~ special use permit. and ARS. AQricultural Residential with ~ special use permit. to Planned Residential District. for the purpose of developinQ ~ Qolf course resort and residential community with other uses ill!!: Section 30-47-2 B such as ~ clubhouse. restaurant. and overniQht cottaqe accommodations. and to develop ~ maximum of 89 sinqle family residences on 375+ acres for ~ density of .24 residential units per acre. on property located at 3687 Pitzer Road. Vinton MaQisterial District. upon the petition of Lester GeorQe. (Janet Scheid. Chief Planner) 0-092705-9 Ms. Scheid advised that in August 2004, the Board rezoned 115 acres of this property from agricultural rural preserve district (AG3) to agricultural residential district with conditions (ARCS), and granted a special use permit on the entire property for development of a golf course. Since that time, the plans for the Fountainhead Golf Resort have been refined and revised. She advised that the following two changes in the development plan necessitated the zoning amendment that is being requested: (1) The plans now show a maximum of 89 residential lots on the perimeter of the proposed golf course. All of the lots are proposed at a minimum of one acre in size. Twenty nine of the proposed lots would be in an area currently limited, through the ARCS conditional 1092 September 27,2005 zoning, to a three-acre minimum lot size. (2) The developer proposes overnight lodging in guest cottages, clubhouse and possibly a training facility. This use is not permitted in the current zoning district, but may be permitted through the Planned Residential District (PRD) district. The PRD district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations. Ms. Scheid advised that the concept plan for the Fountainhead Golf Resort shows an eighteen-hole golf course with a clubhouse, overnight cottages and 89 single family residential homes. The residential lots will generally surround the golf course except for the southern portion of the site where the course extends to the property line. The lots are proposed as a minimum of one acre with 90 feet of frontage and would otherwise be developed per the site development standards for the agricultural residential zoning district. Ms. Scheid advised that the front nine-holes will be on the north side of Pitzer Road and the back nine-holes will be across Pitzer Road on the south side. Ms. Scheid advised that the clubhouse and associated facilities are proposed to be located in the vicinity of the existing barn. The clubhouse would include a full-service restaurant, locker rooms, pro shop, and possible overnight lodging accommodations. In addition, overnight lodging would be offered in guest cottages and possibly in a training facility. The guest cottages would be two to four bedrooms, one story, rustic in structure, and built at various locations within the golf course. The September 27,2005 1093 petitioner proposes a maximum of 60 total bedrooms, either in the clubhouse, training facility or guest cottages. Ms. Scheid advised that a maintenance facility is shown on the concept plan across Pitzer Road to the north of the clubhouse area. A driveway from Pitzer Road is also shown to serve the maintenance facility. The golf course and associated improvements will occupy approximately 210 acres of the site which leaves approximately 50% of the site as open space. The architectural design of the clubhouse, associated structures and guest cottages would be rustic or traditional style. The exterior construction materials for all the buildings, including the single family homes, would be synthetic wood, wood, brick and/or stone. Ms. Scheid advised that there will be four new streets proposed to serve the residential development surrounding the golf course. Three of these streets would connect to Pitzer Road and one to Saul Lane. The petitioner has stated that the streets may be either public or private but would be designed and constructed to VDOT standards. She advised that access to the clubhouse would be via a new commercial entrance from Pitzer Road which would require VDOT approval. With the exception of one possible driveway entrance, access to the cottages will be via internal drives and cart paths. To connect the two parts of the golf course, the petitioner would construct either a tunnel crossing under Pitzer Road or an on-grade crossing on Pitzer Road at a crosswalk. Ms. Scheid advised that the petitioner prefers the tunnel crossing but either of these designs to connect the golf course would have to be approved by VDOT. 1094 September 27,2005 Ms. Scheid advised that public water and sewer are not available to the site. The application stated that no extension of public water or sewer is planned for this project. Approval of all private well and septic systems will be through the Virginia Department of Health. She stated that if public water or sanitary sewer are requested to serve the proposed resort or if a private community water or sewer system is installed, then the project would be reviewed by the Planning Commission in conformity with the Community Plan and Section 15.2-2232 of the Code of Virginia. Ms. Scheid advised that a community meeting on this project was held at the regularly scheduled Mt. Pleasant Civic League on September 1, 2005. The petitioner made a presentation at this meeting and received a very favorable recommendation from the civic league. In addition, a representative from the Mt. Pleasant Civic League spoke in favor of the petition at the Planning Commission meeting on September 6. She stated that Mr. Azar made the recommendation at the Planning Commission meeting to approve the request with the proffered PRD application as revised in August 2005, and the motion was approved unanimously. Supervisor Altizer advised that he did not think anyone could see any of the housing from the Parkway and asked Ms. Scheid if this was a correct statement. Ms. Scheid advised that she could not agree definitively but she does not think that there is going to be a view shed issue with the Parkway. She advised that the Park Service does not seem to be concerned about it, but not having seen any elevations or photo simulations of the height of the houses or grading on the property, she would find September 27,2005 1095 it impossible to definitively say yes. She advised that she would refer the question to the petitioner or his representative. Supervisor Wray inquired about the development of the houses on the north side and stated that it appears that those houses will not have a view of the golf course. Ms. Scheid advised that all of the houses surround the golf course. Mr. Shawn Warner, Balzer and Associates, spoke on behalf of George Golf Designs, and advised that he would address the question about the view sheds and the Parkway. He stated that according to the community plan, there is a view shed corridor which they refer to but most of the perimeter houses are down the hill and it does not appear to have any effect on the parkway. Lester George, president and principal architect of George Golf Designs in Richmond, advised that one of the questions that they did not answer last year when the property was rezoned was what would happen to the balance of the property. He advised that he tried to find the right developer and partner to develop the smallest amount of residential property possible. The developer who was selected agrees that less residential is better and he displayed information regarding Sutton Bay in Agar, South Dakota, and Sand Hills, in Mullins, Nebraska, which are golf courses that he has developed. Mr. George advised that this golf course is proposed to have 250 to 275 national members who will fly into Roanoke, stay overnight at the course, play golf, and 1096 September 27,2005 then leave. In further developing the project, they decided to reconfigure the golf course to allow for overnight lodging and residential homes. Mr. George responded to Supervisor Wray's concerns and advised that most of the north side is wooded and two-thirds to three-fourths will have views of the mountains but limited views of the golf course. The property is basically shaped like a funnel. The southern piece of property on the left has smaller vegetation that is still thick and it is over the rim and looks down at the golf course. He advised that the property will not be seen from the Blue Ridge Parkway and the crossing at Pitzer Road is about a 20 foot elevation change, so you can not see over the bridge or 850 yards down the road. Mr. George advised that this is about as sublime a golf course development as he has ever done. They do not expect more than five to ten players on the golf course per day and local memberships will be offered to fifty invited people. He advised that they want to establish a nice relationship with the neighbors in Mt. Pleasant that will allow local play although it has not been decided how this will be implemented. Mr. George advised that the clubhouse conforms to what the Board was told last year and will be stone, brick, wood and glass. Supervisor Wray inquired if they were keeping any of the structure on the property for the clubhouse. Mr. George responded that they plan to retain the two silos which are very prominent and will be their landmarks. There are also four or five barns on the property and they will try to preserve whatever they can from these structures. September 27,2005 1097 In response to Supervisor Church's inquiries, Mr. George advised that there will be fifty local members and you will have to be invited to play with a member. At Sand Hills and Sutton Bay golf courses, it costs $200 to play golf and $50 for the caddy. He noted that these fees are expensive to ensure that the national members have privacy, and there may be only 15 people playing across 200 acres. He stated that there will probably be only 6,900 to 9,000 round of golf played each year. Supervisor Church asked if he was patterning the golf course after the United Kingdom Links and Mr. George advised that they will use native grasses and create the old Scottish look with a special blend. They do not plan to irrigate the entire course but will keep the fairways, greens and tees perfect. Supervisor Altizer inquired about the timeline for construction of the golf course if approved. Mr. George advised that he would like to start building the course by February or March 2006 and be ready for play in the fall or spring 2007. Supervisor Church inquired if 89 was the number of single family homes requested earlier. Mr. George advised that their plan showed 84 homes and during the question and answer period regarding the cottages last year and also while counting the square feet, they found they could have 89 homes and increased the number accordingly. Supervisor Wray inquired how the fifty local members will be selected. Mr. George advised that there will be two or three managing partners who will review and decide on the members to be invited. He advised that it is not a closed door but the 1098 September 27,2005 business plan has shifted from all local and some national members to all national and some local members. The national members will pay higher fees than the local members and the local members will pay higher dues because they will use the course more often. Supervisor Wray asked if the housing would be available to local residents for purchase. Mr. George advised that the houses will be available for local purchase but the later lots will be offered to the members first and if they are not interested, the lots will be offered to the public. Mr. George advised that you do not have to be a member to buy a lot. Supervisor Wray asked how this course would compare with Kinloch Golf Course. Mr. George replied that this course has the potential to be more dramatic and more stunning with the views and is a totally different kind of golf course. Supervisor Wray inquired about Mr. George's relationship with the citizens. Mr. George replied that it is very important and he feels that they have become partners with the citizens in this venture. Supervisor Altizer inquired about the cost of the memberships. Mr. George advised that the current business plan calls for national memberships to be sold starting at $75,000 with dues approximately $2,400 per year; local memberships will be $60,000 with dues approximately $4,000 per year. September 27,2005 1099 The following citizens spoke regarding his item: Ona Early. 3387 Mt. Pleasant Boulevard, advised that it is an undisputed fact that changes is inevitable and those who have kept up with the Board have seen numerous cases where developers' proposals have created much opposition from the community and those whose interests are outside of the community. There are no protests at this meeting because the developer has put the community first. Mr. George has participated in two community meetings and spoke personally with adjoining landowners and listened to their concerns and addressed them. The citizens who live in Mt. Pleasant are excited about a development and feel this is smart growth. The members of the Mt. Pleasant Civic League voted at both community meetings to endorse this project and she asked that the Board approve the project. Frank Porter. 6529 Fairway Forest Road, advised that he is not opposed to the golf course but he does not think it will be receptive to or played on by locals who can afford the dues. He advised that the Board has not asked their staff the questions that concern him as a taxpayer about the water sources for the lake, cottages, restaurant and houses. He feels that the developer needs to specify the source for the water and wells, and address whether there is enough water for the development. He does not want the County providing water and sewer at the taxpayer's expense. He asked that the Board have the developer proffer that they will furnish water to Health Department standards and if there is not sufficient water, they will be responsible for bringing it to the site later. 1100 September 27,2005 Supervisor Church advised that Mr. Porter has a legitimate question about the water and sewer requirements. Ms. Scheid advised that the PRD submittal is for private wells and septics and there has been no proposal or discussion of public water and sewer at this time. If at some future date, the developer wants to bring public water and sewer to this site, it would have to go back to the Planning Commission for a Section 15.2-2232 review and because it would be a change in the proffered conditions, it would come back to the Board. She inquired of Mr. Mahoney if this was correct. Mr. Mahoney advised that a change in the proffered conditions would have to come back to the Board; however, a Section 2232 review would not necessarily have to come back to the Board and that would depend upon there being an appeal from an adverse decision by the Planning Commission. Supervisor McNamara advised that this is an exciting project and he feels that the Board wants it to be a great project. He understands that there are still hurdles from a financing standpoint but he advised that he wished the developers well and intends to support the project. Supervisor Flora commended Mr. George for his efforts to work with the community and advised that he intends to support the project wholeheartedly. Supervisor Altizer expressed appreciation to the community and Mr. George for working together on this project. He advised that at the last civic league meeting that he attended, the vote was 51 to 0 in favor of the golf course. He felt that the community approval was due to Mr. George talking to and sharing his dream with September 27,2005 1101 the community which made it their dream. Supervisor Altizer advised that there were some things that the community asked for in the beginning and one was moving the maintenance facilities and this was done with ease. He advised that he intends to support this project and believes it will be great for the Mt. Pleasant area. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None Supervisor Church commented that the proof will be in the project and the benefits to the people. Supervisor Flora stated that almost exactly thirty years ago today, he cast the deciding vote to put the landfill in Mt. Pleasant and with this vote today he gets to redeem himself by voting yes for this development. SECOND 092705-9 READING OF AN ORDINANCE TO REZONE 375:!:. ACRES FROM ARCS, AGRICULTURAL RESIDENTIAL WITH CONDITIONS AND A SPECIAL USE PERMIT, AND ARS, AGRICULTURAL RESIDENTIAL WITH A SPECIAL USE PERMIT, TO PLANNED RESIDENTIAL DISTRICT, FOR THE PURPOSE OF DEVELOPING A GOLF COURSE RESORT AND RESIDENTIAL COMMUNITY WITH OTHER USES PER SECTION 30-47-2 B SUCH AS A CLUBHOUSE, RESTAURANT, AND OVERNIGHT COTTAGE ACCOMMODATIONS, AND TO DEVELOP A MAXIMUM OF 89 SINGLE FAMILY RESIDENCES ON 375:!:. ACRES FOR A DENSITY OF .24 RESIDENTIAL UNITS PER ACRE, ON PROPERTY LOCATED AT 3687 PITZER ROAD, VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF LESTER GEORGE 1102 September 27,2005 WHEREAS, the first reading of this ordinance was held on August 23, 2005, and the second reading and public hearing were held September 27, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 6, 2005; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 375:!:. acres, as described herein, and located at 3687 Pitzer Road (Tax Map Numbers 79.04-2-10, 10.1, 10.2, 11, 12; 79.00-1-1) in the Vinton Magisterial District, is hereby changed from the zoning classification of ARCS, Agricultural Residential District with conditions and a special use permit, and ARS, Agricultural Residential District with a special use permit, to the zoning classification of PRD, Planned Residential District. 2. That this action is taken upon the application of Lester George. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The developer hereby proffers substantial compliance with the PRD rezoning document titled "Fountain Head Golf Resort, A Planned Residential Community," prepared by Balzer and Associates, Inc. dated 8/17/05 and revised 8/19/05. 4. That said real estate is more fully described as follows: Tax Map Nos. 79.04-2-10, 10.01, 10.02, 11, 12; 79.00-1-1 containing 375 :!:. acres 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Francis H. Wilson. Sr.. 2049 Surrey Lane, advised that he spoke to the Board several years ago regarding the need for a traffic signal at West Ruritan Road which meets VDOT requirements. He advised that he only remembered Supervisor September 27,2005 1103 Church being on the Board at that time. He presented the Board with a copy of a flyer that the neighbors distributed about the traffic signal which included information about County and VDOT officials for the neighbors to call. He advised that the traffic signal should be installed within the next week and while he assumed that the Board did their part in getting the signal, he wanted the Board to be aware that the neighbors were very involved in getting it installed. He commented on the golf course and advised that the developer did not explain to the taxpayers how this project will benefit the County. He asked if the County would benefit financially from the sale of the houses and if this will cause real estate taxes to increase. Supervisor Altizer advised that all five Board members were present two years ago when Mr. Wilson commented about the need for the traffic signal on West Ruritan Road. He advised Mr. Wilson that it was a decision of the entire Board to ask VDOT to study that situation. He is very familiar with West Ruritan Road and has been watching the progress of the signal. Mr. Wilson advised that he assumed that the Board was taking care of this but he had requested that someone contact him or the neighbors to let them know what was happening and this was not done. Supervisor Church advised that VDOT projects move very slowly and that he regrets that no one got back in touch with Mr. Wilson about the progress on the traffic signal. He advised that he felt it was very important that Mr. Wilson inform the Board about his concern. Mr. Wilson responded that VDOT is like every other government organization and they will work faster if they are pushed. He advised that 1104 September 27,2005 he does understand government processes and they kept following up to make sure that VDOT was working on it. Frank Porter. 6529 Fairway Forest Drive, advised that he would speak about various concerns in no particular order. He advised that he read about Mr. Maten's [Vander Maten] desire for the Board to tell him what they will allow him to build in Explore Park and provide him with the zoning. He suggested that the Board ask Mr. Vander Maten to produce a signed letter from the Blue Ridge Parkway stating that they are going to allow it to be used commercially. He would like to see the plans for Explore Park presented to the Board and the citizens for scrutiny. He would like to know what public water and sewer extensions are required as well as what off-site infrastructure and road upgrades will be necessary. He asked the Board not to put the burden on the Planning Commission to create the Explore Park plan. He advised that the Board did not protect the underground water system when they approved the golf course which he is glad that they did approve. Mr. Porter advised that he has concerns about the Explore Park venture being successful and would have liked for the County to have kept the park and developed it as a large athletic complex. Mr. Porter advised that he was aware of a request to the Board on September 24, 2005, from Ms. Elizabeth Abe for a reply regarding treatment she received from the County staff, including the County Attorney's Office, about certain site plans at the Slate Hill project and soil testing requirements at the public safety building site. Mr. Porter advised that Ms. Abe was told by the Building Commissioner to file a September 27,2005 1105 Freedom of Information Act (FOI) request in order to see such information. He feels that the County should have nothing to hide and should come forward and comply with her requests. He advised that the Board approved Slate Hill and it was featured on the front page of USA Today. He questioned if this was the standard for quality of life and what should be promoted in the Roanoke Valley. He feels that the only quality of life issue is better education for children and if the schools are the best, growth will follow. He challenged the Board to better inform the citizens in advance of issues concerning rezonings and proposed expenditures that are not for educational purposes. He advised that he did not approve of the Board committing $200,000 per year of taxpayer's money to the art museum. He advised that the Board should ask the art museum to provide a statement that they will open on a certain date, that it has an endowment and reserve funds to operate. He advised that the Board should be asking those kinds of questions before spending taxpayer's money. He advised that good government depends upon an informed public and the Board should inform the public rather than keep doing things as they have done in the past. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He advised that Mr. Covey is aware of the concerns of those citizens who have contacted him regarding Lock Haven Road and the proposed development. He advised that he has been assured by Mr. Covey that the developer has been notified that a permit is necessary to burn timber and the County should be notified in advance of the action. (2) He advised that regarding a citizen's 1106 September 27,2005 comments tonight, a great deal of information is directed to the Board through emails and letters. He stated that if mistakes have been made in information not being accessible or if there are inadequacies in serving the public regarding inquiries, these should be corrected. Supervisor Wray: (1) He advised that he appreciated Mr. Covey responding to the letter from Mr. King. (2) He advised that the Virginia Department of Transportation (VDOT) will hold a meeting to discuss the proposed improvements to Colonial Avenue on Monday, October 24, from 5:00 p.m. until 7:00 p.m. at the Roanoke County Administration Center. (3) He advised that there will be a ground breaking for Tecton at the Roanoke County Center for Research and Technology tomorrow, September 28, at 11 :00 a.m. (4) He advised that VDOT will hold a meeting on the Boones Chapel Bridge project on Thursday, October 20, from 4:00 p.m. until 6:00 p.m. at Clearbrook Elementary School. (5) He thanked the members of Boy Scout Troop 221 for attending the meeting. Supervisor Flora: He congratulated the University of Tennessee fans for their 30 to 27 victory over Louisiana State University (LSU) on Monday night. Supervisor McNamara: He advised that there are some positive things happening with economic development in the County as evidenced by projects with Tecton, ITT Night Vision, the proposed golf course and Explore Park. He expressed his congratulations for moving in the right direction. September 27, 2005 1107 Supervisor Altizer: He stated that he hoped the boy scouts learned something about local government and earned their citizenship badges tonight. He invited them to attend another Board meeting at any time. IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 8:25 p.m. Submitted by: Approved by: &~~kk~ Brenda J. H Iton, CMC Deputy Clerk to the Board 1108 September 27,2005 This paae intentionallv left blank