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HomeMy WebLinkAbout7/24/2007 - Regular (4) July 24, 2007 625 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 24, 2007 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the second regularly scheduled meeting of the month of July, 2007. INRE: CALL TO ORDER Vice-Chairman Flora called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Michael A. Wray MEMBERS ABSENT: Chairman Joseph P. McNamara STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Wanda G. Riley, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer INRE: OPENING CEREMONIES The invocation was given by Pastor Bill Booth, Vinton Baptist Church. The Pledge of Allegiance was recited by all present. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recoanition of Police Officers Roaer "Matt" Vass and Neil D. Gardner for their services to the community 626 July 24, 2007 Vice-Chairman Flora presented Certificates of Recognition to Officers Vass and Gardner for their quick action in saving a female who jumped into the Roanoke River and went underwater. Each of the Board members commended Officers Vass and Gardner for their dedication to the citizens of Roanoke County. Police Chief Ray Lavinder and Assistant Police Chief Donna Furrow were also in attendance. IN RE: BRIEFINGS 1. Briefina on establishina new Quiet zones at public arade crossinas in Roanoke County. (Elmer Hodae, County Administrator: and W. L. "Bill" Barrinaer, Director of Grade Crossina Safety, Norfolk Southern Corporation) Mr. Hodge explained that the County gets requests from residents who live close to railroad crossings asking that trains not blow their horns. He advised that Bill Barringer, Director of Grade Crossing Safety, Norfolk Southern Corporation, was present to explain the federal rule enacted in 2005 that required all engineers to blow train whistles at all public grade crossings. Mr. Barringer stated that before 2005, blowing train whistles at crossings was a law on a state-by-state basis. He stated that through the years, many cities had pre-existing no whistle or whistle-ban rules and some cities did not want horns blowing as a result of the 2005 federal law. He advised that the Federal Railway Administration created quiet zones as a result of the outcry from some of these cities. He commended July 24, 2007 627 Arnold Covey, Director of Community Development, for the letter he provided to the Board of Supervisors outlining the establishment of new quiet zones. He stated that a community can apply for the cessation of the blowing of horns at public crossings providing they do not reduce the safety of that crossing that is factored in with the horns. He further stated that the quiet zone must be at least one-half mile in length along the tracks and every crossing must have gates and lights. He also stated that if a pedestrian uses the crossing, there must be a bell on the crossing. He stated that every crossing must have a power off indicator, which tells the train crew the electricity is off at the crossing and that it is operating on battery, and they must have a mechanism called constant warning time, which is a set of electronics in the signal house that provides a constant state of warning from the time the train activates the signals. He explained that this is an unfunded mandate and there are no funds available from the federal government. Mr. Barringer advised that Roanoke County contacted Norfolk Southern Corporation and inquired about establishing quiet zones at three crossings - Garman, Benois, and Starkey Roads. He advised that the Garman Road crossing itself meets the requirements for a quiet zone; however, a power off indicator would need to be installed at a cost of approximately $25,000. He further advised that there would be some administrative handling fees for the creation of the quiet zone and on-going yearly maintenance costs, in addition to some extra roadway improvements to channel vehicle traffic so it could not go around the gates. He stated that Benois Road could also 628 July 24, 2007 qualify as a quiet zone with some improvements for a cost of approximately $25,000. He advised that Starkey Road is the most expensive crossing to qualify as a quiet zone. He stated that this crossing needs the full installation of constant warning time circuitry and would cost approximately $150,000 to $250,000. Supervisor Wray asked Mr. Barringer to explain the difference in establishing quiet zones in cities and counties. Mr. Barringer explained that the regulation allows the authority that has jurisdiction over the roads to create the quiet zones. He stated that in most counties in Virginia, the Virginia Department of Transportation (VDOT) has jurisdiction over roads, and they would need to be part of the petition process to establish a quiet zone. He advised that the entity in charge of the roads and the railroad crossing (which in this case would be VDOT) would apply for a Notice of Intent to Create a Quiet Zone. He stated that this starts a period for receiving comments from the people who are affected, after which improvements would be made, and then the quiet zone can be created. Supervisor Wray asked if the Starkey Road crossing has gates and lights, and it was confirmed by Mr. Barringer that it did. Supervisor Wray stated that he thought this crossing would have the Power Out/Constant Warning Time equipment already installed since it is such a busy crossing. Mr. Barringer explained that the equipment currently installed which controls the gates causes the gates to start coming down as soon as it hits the equipment without taking into consideration the speed of the train and when it may arrive at the crossing. He further explained that the new July 24, 2007 629 equipment calculates the speed of the train and controls the gates so they come down between 15-22 seconds before the train arrives regardless of the speed of the train. Supervisor Wray asked Mr. Barringer if Norfolk Southern would be upgrading any of these crossings in the future and installing the equipment needed to establish these crossings as quiet zones which would reduce the costs. Mr. Barringer advised that the Constant Warning Time would be an upgrade that Norfolk Southern may do at some time in the future. He advised that the Starkey Road crossing has full service automatic warning devices so it is not high on the priority list. He stated that the Power Out indicators are not installed by Norfolk Southern and it is the responsibility of the locality to pay for the installation of that equipment. Supervisor Wray asked Mr. Barringer to explain what is included in the administrative handling and annual maintenance costs. Mr. Barringer explained that the administrative handling fee is only charged if the entity wishes to proceed with establishing a quiet zone, and covers the cost of the notice of filing and the review process by Norfolk Southern. He further explained that the annual maintenance fee is part of the mandated inspection fees and is borne by the entity requesting the quiet zone because it is an inspection fee which relates to the equipment that must be installed when establishing the quiet zone. He advised that annual maintenance is estimated to be approximately $3,000-$4,000. Supervisor Church asked what the Board could do to acquire federal funds to help in this process. Mr. Barringer stated that other communities are asking for 630 July 24, 2007 earmark funding for quiet zones for community improvements because it is a quality of life issue. He also advised that some communities are asking developers who build homes near railroad crossings to help fund the quiet zones. Mr. Barringer stated that Norfolk Southern has funds to upgrade crossings where there are no signals or they work with communities to consolidate and close redundant crossings. Supervisor Church requested that Board write a letter to their U.S. Representatives seeking their assistance in acquiring funds for this project. He advised that Bill Huff who lives at Richfield has called him on many occasions about the train whistles blowing in the night. Supervisor Church also stated that he had received letters from other citizens questioning why the City of Salem can have quiet zones one-half mile down the track, but the County cannot. Mr. Barringer explained that those areas which had quiet zones or observed whistle bans when the new law went into effect could continue. However, Mr. Barringer stated there these communities would have to meet certain deadlines in upgrading the crossings or they may lose their designation as quiet zones. He explained that Cities of Salem and Roanoke and the Town of Vinton had quiet zones in effect at the time of the new law and were granted extensions, but they will have to meet certain requirements in order to keep the designations as quiet zones. Supervisor Church asked about the length of time that a whistle blows at a crossing. Mr. Barringer stated that it is approximately 15 to 25 seconds before the train reaches the crossing. He explained that the whistle blows two longs - one short - and July 24, 2007 631 one long. He stated that the engineer will continue blowing the last long whistle until the nose of the locomotive gets to the crossing. He advised that if citizens feel the engineers are blowing the whistle too long, they can report it to Norfolk Southern, but they will need to know the date, time and location. He further explained that the regulations allow engineers to blow the horn at their discretion if they see something on the track such as a pedestrian or vehicles going around the gates, even if it is within a quiet zone. Supervisor Altizer thanked Mr. Barringer for attending the meeting and providing the information on the process of establishing quiet zones. He stated that he wanted the citizens to know that this is just a discussion today to get information about the process. In addition to the County sending letters to the federal legislators requesting funding assistance for the quiet zones, he urged the citizens to do the same. Supervisor Wray also thanked Mr. Barringer for coming to the meeting. He stated that this is a quality of life issue and urged the citizens to make requests to the legislators for assistance in funding the quiet zones. Supervisor Flora directed Mr. Hodge to prepare a letter for the Chairman to sign on behalf of the Board to Congressmen Goodlatte and Boucher asking for their guidance and assistance in acquiring funding for quiet zones. 632 July 24, 2007 PUBLIC HEARINGS 1. Public hearina to receive citizen comments reaardina proposed amendments to the fiscal vear 2007-2008 budaet in accordance with Section 15.2-2507. Code of Virainia. (Rebecca Owens. Director of Finance) Ms. Owens advised that this is a public hearing to secure citizens comments concerning amendments to the FY 2007-2008 budget. She stated that Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 percent of the total expenditures shown in the adopted budget or $500,000, whichever is less, the County must publish notice of a meeting and public hearing, and noted that this notice was published on July 13, 2007, for the following items: (1) Request to appropriate $890,000 to the fleet maintenance facility capital account for the acquisition of certain real estate; (2) Request to reallocate $150,000 to the Center for Research and Technology capital account for the acquisition of real estate; (3) Request to appropriate $7,100 to the Schools for Title II educational technology regional training; (4) Request to appropriate $22,500 from the Department of Emergency Management to support the Citizens Corps Program; and (5) Request to appropriate $91,901 from the Virginia Department of Criminal Justice Services for juvenile justice and delinquency prevention, functional family therapy project. Ms. Owens stated that it is the recommendation of the staff that the Board hold the required INRE: July 24, 2007 633 public hearing and explained that Board action appropriating funds will occur later during the meeting. Vice-Chairman Flora opened the public hearing. There were no citizens to speak on the matter. Vice-Chairman Flora closed the public hearing and noted that no further action is required at this point. INRE: NEW BUSINESS .1: Reauest to adopt ! resolution authorizina the Southern Rivers arant application for the Western Virainia Water Authority extension of sanitary sewer in Andrew Lewis Place neiahborhood. Catawba Maaisterial District. (Paul Mahoney. County Attorney) R-072407 -1 Mr. Mahoney stated that he would like to request, with the Board's concurrence, that Mike McEvoy, Executive Director of the Western Virginia Water Authority (WVWA) , join him to explain this grant program to the Board. He explained that after the presentation, the Board would be asked to adopt a resolution supporting a grant application for extension of sanitary sewer in Andrew Lewis Place. Mr. McEvoy stated that he was seeking the Board's support for the grant application for the Andrew Lewis Place neighborhood, which is near Green Hill Park just north of the Roanoke River and outside the Salem City limits. He explained that the neighborhood has been experiencing problems with their septic tanks for some time and the WVWA has been contacted by a number of homeowners with failed septic tanks. 634 July 24, 2007 He stated that the WVWA is working on a design which will allow approximately 41 of these homeowners to abandon their septic systems and connect to the new public sanitary sewer. He explained that the project will cost approximately $800,000, which is probably beyond the means of most of the residents in the neighborhood. He noted that the Commonwealth's Department of Housing and Community Development (DHCD) has a grant application process called the Southern Rivers Grant Program which is designed to improve water quality in sections of the Commonwealth's waterways that is impacted by bacteria and has a total maximum daily load implementation plan in place. He advised the Board that the section of Roanoke River adjacent to this neighborhood qualifies for this grant program. He explained that the grant application targets funding to put in septic tanks where no septic systems exist, or for systems that have failed to alleviate these either through higher levels of treatment or hooking up to a conventional wastewater system. Mr. McEvoy explained that the proposal to the Commonwealth is to extend approximately 3,200 feet of sewer through Andrew Avenue, Evelyn Drive, McDaniel Drive and Ellen Drive and to help defray the costs to these homeowners of abandoning their septic tanks and connecting to the sewer line. He stated that the cost is approximately $20,000 per lot. Mr. McEvoy stated that the DHCD does not acknowledge the WVWA as an agency that qualifies for such a grant, however, Roanoke County is an agency that can accept the grant. He explained that the WWJA would ask that the County act as their agent if this grant application is successful. He July 24, 2007 635 explained that the WVWA would design and construct the project and work with the homeowners to transition from septic tanks to sanitary sewer. Supervisor Church stated that he was excited for the people in this area as they have been seeking assistance for years with their septic system problems. He stated that he hoped this was the beginning of a project that can be carried forward in Andrew Lewis Place. Supervisor Church then asked Mr. Mahoney to explain the next step in the process if the WVWA is successful in obtaining the grant. Mr. Mahoney stated that there is optimism that the grant will be awarded to the County. Assuming the grant is awarded, he explained that the Board would then have to accept the grant and appropriate the funds. He advised that since the grant amount is approximately $798,000, and funds that exceed $500,000 require notice of a public hearing, the Board would have to amend the budget and the funds would then be appropriated to the WVWA so they could implement the grant and begin the work. Mr. Mahoney confirmed that if the grant is successful, this item would come back to the Board again for acceptance and appropriation of funds. Supervisor Church stated that he was hopeful and it would be a joyous occasion. He thanked Mr. Mahoney and Mr. McEvoy for their assistance in applying for this grant. Supervisor Church stated that at the appropriate time he would move approval of the resolution. Supervisor Wray asked Mr. McEvoy to enlighten the Board on the details of other areas that would qualify for this type of grant. Mr. McEvoy stated that the 636 July 24, 2007 DHCD was appropriated money by the state legislature to review problems in the Commonwealth's waterways where bacteria is primarily the impairment to the river. He explained that in this section of the Roanoke River, the majority of the impairment is due to failing septic systems. He stated that the DHCD has a long history of helping to remediate areas of the Commonwealth that have problems with sewage disposal and drinking water quality, therefore, this project was a good fit for them. He stated that this project works well within the parameters of the grant and within the bounds of their application process. Mr. McEvoy further stated that they are hopeful that removing these septic tanks from the groundwater system and putting them on sanitary sewer will help alleviate the bacterial problem in the Roanoke River and provide an increased level of service to the homeowners. Mr. McEvoy stated that the DHCD has another application process in the December/January timeframe and the WWJA would again be looking to apply either for additional funding for this neighborhood if they do not get all the funding they need this time around, or to fund other projects that fit the criteria. He explained that the State Department of Environmental Quality is the department that develops implementation plans for water systems for impairments, but not all the area streams that need those have plans in place. Supervisor Wray stated that he was in support of this grant application and thanked Mr. McEvoy for the work he has done. July 24, 2007 637 Supervisor Altizer thanked the WWJA for the match of approximately $25,000 for this grant and thanked Mr. McEvoy for assisting the citizens in this effort. Supervisor Flora asked Mr. McEvoy if this is a grant for the non- Chesapeake Bay watershed area and Mr. McEvoy confirmed that it was. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara RESOLUTION 072407-1 AUTHORIZING THE SOUTHERN RIVERS GRANT APPLICATION FOR THE WESTERN VIRGINIA WATER AUTHORITY EXTENSION OF SANITARY SEWER IN ANDREW LEWIS PLACE NEIGHBORHOOD WHEREAS, Roanoke County, with the Western Virginia Water Authority acting as its agent, wishes to apply for a grant through the Southern Rivers Watershed Enhancement Program (SRWEP) for the Andrew Lewis Place, Roanoke, Virginia, Sanitary Sewer Extension; and WHEREAS, homes in the Andrew Lewis Place neighborhood located in western Roanoke County are experiencing problems with failing and underperforming septic systems with the cost to remediate these systems being a hardship to the neighborhood residents; and WHEREAS, the Roanoke River experiences water quality impairments and has been placed on the Commonwealth's list of impaired waters for bacteria contamination; and WHEREAS, it is possible to extend the Western Virginia Water Authority's sewer system to connect the homes in the Andrew Lewis Place neighborhood thereby eliminating the need for septic tanks and improving water quality in the Roanoke River. THEREFORE BE IT RESOLVED that the Roanoke County Board of Supervisors requests grant funds in the amount of $797,940 through the Southern Rivers Watershed Enhancement Program with $25,395 in local match being provided by the Western Virginia Water Authority so that sanitary sewer can be extended to 41 homes in the 638 July 24, 2007 Andrew Lewis Place neighborhood allowing the septic tanks serving these homes to be replaced; and BE IT FURTHER RESOLVED 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 obtain the grant and to accomplish the purposes of this resolution. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara 2. Request to adopt ~ resolution declarinQ intent to reimburse expenditures for the fleet maintenance facility from bond proceeds. (Rebecca Owens. Director of Finance R-072407 -2 Ms. Owens advised that the County is currently in the design phase of a new fleet maintenance facility, and this is a request to adopt a resolution that will allow the County to reimburse itself at a later date with bond proceeds if it chooses to issue bonds for this specific project. She explained that the maximum amount of debt or other financing expected to be issued is $7,500,000, and that this resolution does not authorize the bond sale or appropriate funds to the project at this time. She stated that staff recommends approving the reimbursement resolution to give the County the option to reimburse expenditures currently being made, including the request to purchase the land that will be brought to the Board later in the agenda today. There was no discussion. July 24, 2007 639 Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara RESOLUTION 072407-2 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN COSTS OF A NEW FLEET MAINTENANCE FACILITY The Board of Supervisors of the County of Roanoke, Virginia, (the "County") has determined that it may be necessary or desirable to advance money to pay the costs of designing, acquiring, constructing, and equipping a new fleet maintenance facility (the "Project"). NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of designing, acquiring, constructing, and equipping the Project from the proceeds of its debt or other financing. The maximum amount of debt or other financing expected to be issued for the designing, acquiring, constructing, and equipping the Project is $7,500,000. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara >-~~----------_.~.__.,-_._--~-'_._._.- 640 July 24, 2007 REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA .L First readina of an ordinance to obtain! special use permit to construct! reliaious assemblv facility on approximatelv 11 acres. located at 4505 and 4625 West Main Street. Catawba Maaisterial District. upon the petition of the Community Church 2. First readina of an ordinance. to rezone 2.22 acres from C-2S. General Commercial District with Special Use Permit. to C-2S. General Commercial District with Special Use Permit to amend the proffered site plan to construct! drive-in and fast food restaurant and retail buildina. located at the intersections of Brambleton Avenue. Colonial Avenue and Merriman Road. Cave Sprina Maaisterial District. upon the petition of Seaside Heiahts. LLC Supervisor Flora moved to approve the first readings and set the second readings and public hearings for August 28, 2007. The motion carried by the following recorded vote: INRE: AYES: NAYS: ABSENT: Supervisors Wray, Church, Altizer, Flora None Supervisor McNamara July 24, 2007 641 INRE: FIRST READING OF ORDINANCES 1. First readina of an ordinance authorizina the relocation of an electric line at Camp Roanoke and arantina of ! riaht-of-wav easement throuah property owned J2y the Roanoke County Board of Supervisors at Camp Roanoke, Catawba Maaisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) Mr. Haislip stated that this is a request to authorize the relocation of an electric line at Camp Roanoke that is currently located in an open play area between the dining hall and the pavilion. He stated that the power pole needs to be relocated as there are three wires coming down from pole and this could be a hazard with the number of children they have running and playing in this area. He further stated that Appalachian Power has outlined a plan to relocate the power line and has requested that the County convey an easement for the relocation. There was no discussion. Supervisor Church moved to approve the first reading and set the second reading for August 14, 2007. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara 642 July 24, 2007 INRE: SECOND READING OF ORDINANCES 1. Second readina of ordinances to exercise options and authorize the aCQuisition of certain real estate for the fleet maintenance facility. Hollins Maaisterial District. from the followina: (Anne Marie Green. Director of General Services) .f.!} Ted A. Garrison. Jr.. 5253 Hollins Road. approximately 4.02 acres; and 0-072407 -3 1Q} Carl D. Jannay and Pamela H. Jannay. 1132 Carlos Drive. approximately ~ acres 0-072407 -4 Ms. Green advised that this is the second reading of the ordinances to purchase the property for the new fleet maintenance facility, which will include the County garage, communications shop and welding shop. She further advised that the facility will also serve the Western Virginia Water Authority under a contract with the County. She stated that construction is estimated to begin in February/March 2008 with an opening planned for May 2009. She stated that the two pieces of property identified for the new facility are located at the intersection of Hollins Road and Carlos Drive and the purchase price is $100,000 per acre. She further stated that each of the owners has already received $6,000 as an option fee, which is credited against the purchase price. She also noted that there is personal property on this land which will be removed by the July 24, 2007 643 owners prior to settlement. She stated that the total cost of the properties is $902,000 and the remaining amount due is $890,000. She stated that funding is available in the County's major capital account. Ms. Green stated that it is staff's recommendation that the Board approve the second readings of the ordinances exercising the options on the properties and appropriate $890,000 from the County's major capital fund for payment of the remaining purchase price to the owners of the properties. Supervisor Wray stated that the Board has reviewed the plans for the fleet maintenance facility in work sessions with the staff and recognizes the need for the new facility. Supervisor Flora moved to adopt the ordinances. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara ORDINANCE 072407-3 EXERCISING AN OPTION AND AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE FROM TED A. GARRISON, JR. CONSISTING OF APPROXIMATELY 4.02 ACRES (TAX MAP NO. 39.05-2-4) FOR FUTURE COUNTY USE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, in February of 2007 Roanoke County entered into an option to purchase agreement with Ted A. Garrison for the purchase of approximately 4.02 acres in the Hollins Magisterial District for use as a possible fleet maintenance facility; and WHEREAS, the County now wishes to exercise said option and purchase this real estate; and 644 July 24, 2007 WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on July 10, 2007, and the second reading was held on July 24,2007. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the exercise of an option for the acquisition of approximately 4.02 acres of real estate (Tax Map No. 39.05-2-4) located off Old Hollins Road owned by Ted A. Garrison, Jr. for the sum of One Hundred Thousand Dollars ($100,000) per acre is hereby approved and further that the acquisition of said real estate is hereby authorized and approved. 2. That funds will be appropriated into the new county garage account from the major capital fund to pay all of the costs of this acquisition. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara ORDINANCE 072407-4 EXERCISING AN OPTION AND AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE FROM CARL D. JANNAY AND PAMELA H. JANNAY CONSISTING OF APPROXIMATELY 5 ACRES (TAX MAP NO. 39.05-2-5) FOR FUTURE COUNTY USE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, in February of 2007 Roanoke County entered into an option to purchase agreement with Carl D. Jannay and Pamela H. Jannay for the purchase of approximately 5 acres in the Hollins Magisterial District for use as a possible fleet maintenance facility; and WHEREAS, the County now wishes to exercise said option and purchase this real estate; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on July 10, 2007, and the second reading was held on July 24,2007. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: July 24, 2007 645 1. That the acquisition of approximately 5 acres of real estate (Tax Map No. 39.05-2-5) located off Old Hollins Road owned by Carl D. Jannay and Pamela H. Jannay for the sum of One Hundred Thousand Dollars ($100,000) per acre is hereby authorized and approved. 2. That the expenditure of funds for various studies, including environmental site assessments, geotechnical, soil tests and soil borings, survey, title insurance, and recordati.on fees is hereby authorized and approved. 3. That funds will be appropriated into the new county garage account from the major capital fund to pay all of the costs of this acquisition. 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara 2. Second readina of an ordinance authorizina the aCQuisition .Q.t. and reallocation of funds for, certain real estate from the Economic Development Authority consistina of approximately 25 acres located in the Center for Research and Technoloay (CRT), Catawba Maaisterial District. (Jill Loope, Assistant Director of . Economic Development) 0-072407 -5 Ms. Loope stated that this is a continuation of the master planning efforts for the Center for Research and Technology, which includes the acquisition and conveyance of a 25 acre parcel from the Economic Development Authority to the Board of Supervisors so that the entire parcel will remain under one ownership by the Board of Supervisors. 646 July 24, 2007 There was no discussion. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara ORDINANCE 072407 -5 AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE FROM THE ECONOMIC DEVELOPMENT AUTHORITY (FORMERLY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY) CONSISTING OF APPROXIMATELY 25 ACRES (TAX MAP NO. 63.00-01-01.00) LOCATED IN THE CENTER FOR RESEARCH AND TECHNOLOGY (CRT), CATAWBA MAGISTERIAL DISTRICT WHEREAS, in 2004 the Economic Development Authority (formerly the Industrial Development Authority of Roanoke County) purchased approximately 25 acres of real estate fronting on Prunty Road in the Dixie Caverns area of the County for the purpose of expanding the Center for Research and Technology; and WHEREAS, the Board of Supervisors recently adopted a revised Master Plan for the CRT which included incorporating this 25-acre tract into the business park, rezoning this parcel, and making it subject to the covenants and conditions regulating the development of the CRT; and WHEREAS, in order to further facilitate the marketability of this 25-acre tract, the Economic Development Authority has agreed to transfer ownership of this parcel to the Board of Supervisors of Roanoke County; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on July 10, 2007, and the second reading was held on July 24, 2007. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of approximately 25 acres of real estate (Tax Map No. 63.00-01-01.00) fronting on Prunty Road and located in the Center for Research and Technology from the Economic Development Authority for the sum of one hundred fifty thousand dollars ($150,000) is hereby authorized and approved. July 24, 2007 647 2. That funds are available in the public private partnership capital account to pay all of the costs of this acquisition. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara INRE: APPOINTMENTS 1: Capital Improvement Proaram (CIP) Review Committee Vice-Chairman Flora advised that the following one-year appointments will expire on August 31,2007: a) King Harvey, Catawba District b) James T. Anderson, Cave Spring District c) Steven A. Campbell, Hollins District d) Brian Garber, Windsor Hills District Supervisor Flora directed the Clerk to contact Steven Campbell, Hollins District, to determine if he is willing to serve another term and, if so, place confirmation of his appointment on Consent Agenda at the next meeting. 2. Clean Vallev Council Vice-Chairman Flora advised that the two-year term of Dennis "Chip" Harris expired on June 30,2007. 3. Economic Development Authority Vice-Chairman Flora advised that Craig W. Sharp, who lives in the Vinton District, has submitted his resignation effective at such time as a replacement may be 648 July 24, 2007 appointed or at the end of August 2007. He further advised that Mr. Sharp's three-year term will expire September 26, 2010. 4. Western Virainia Water Authoritv Board of Directors Vice Chairman Flora advised that the three-year term of Elmer C. Hodge expired on June 30, 2007. This will be discussed in closed session. INRE: CONSENT AGENDA R-072407-6; R-0724-07-6.e Supervisor Wray moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara RESOLUTION 072407-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 24, 2007, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of minutes - July 10, 2007 2. Request from the schools to accept and appropriate grant funds in the amount of $7,100 for Title II D educational technology regional training. 3. Request to accept and appropriate $22,500 in grant funds from the Virginia Department of Emergency Management to Fire and Rescue for the continuation of the Regional Citizen Corps Council and Community Emergency Response Team (CERT) training. July 24, 2007 649 4. Request to accept and appropriate grant funds in the amount of $91,901 from the Department of Criminal Justice Services for a juvenile justice and delinquency prevention program. 5. Request to accept the donation of a new 20-foot public drainage easement across property of Irvine Access Floors, Inc. Lot 2A, Block 1, Section 2, "Castle Hill Development", Plat Book 3, page 34, in the Cave Spring Magisterial District. 6. Acceptance of Pine Valley Lane, Cascades Court, Sawgrass Court, and Valhalla Court into the Virginia Department of Transportation secondary system. 7. Request to authorize amendment to the performance agreement between Roanoke County, Roanoke County Economic Development Authority, and Virginia Air Distributors. 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 Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara RESOLUTION 072407-6.e REQUESTING ACCEPTANCE OF PINE VALLEY LANE, CASCADES COURT, SAWGRASS COURT, AND VALHALLA COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form LA-5(A) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to ~33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. 650 July 24, 2007 BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Moved by: Supervisor Wray Seconded by: None Reauired Yeas: Supervisors Wray. Church. Altizer. Flora Nays: None Absent: Supervisor McNamara IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara ~ General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 4. Accounts Paid - June 2007 5. Claims activity for the self-insurance proaram for the period ended June 30. 2007 6. Public Safety Center Buildina Proiect Budaet Report 7. Public Safety Center Buildina Proiect Chanae Order Report July 24, 2007 651 INRE: CLOSED MEETING At 4:02 p.m., Supervisor Flora moved to go into closed meeting pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion or consideration of appointment and performance of specific public officers to regional boards and commissions. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara IN RE: CERTIFICATION RESOLUTION R-072407-7 At 7:00 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara RESOLUTION R-072407-7 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: 652 July 24, 2007 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara INRE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Second readinq of an ordinance revokinq Ordinance 111400-8 and qrantina ! special use permit to operate activities, meetinqs, day camps, after-school proarams, and overniaht campina on 63.12 acres located at 5488 Yellow Mountain Road, upon the petition of Girl Scouts of Virainia Skyline Council, Inc., Cave Sprina Maqisterial District. (David Holladay, Senior Planner) 0-072407 -8 Mr. Holladay advised the Board that the Planning Commission held a public hearing on July 9, 2007, and five citizens spoke with most of the concerns being traffic, lighting and other uses of the facility. He stated that the staff suggested several conditions for consideration. He explained that the first condition was that the property shall be developed in substantial conformance with the following three documents submitted in the application: (1) Concept Plan Program Center, Girl Scouts of Virginia Skyline Council, by Schmidt, Copeland Parker, Stevens, dated May 9, 2007; (2) Girl July 24, 2007 653 Scouts of Virginia Skyline Council Facility Schedule, by Schmidt, Copeland Parker, Stevens, pages 1-3 and Phasing Plan, page 1; and (3) Narrative description of activities entitled "Girl Scouts of Virginia Skyline Council, Inc. Program Center, Tax Map Parcels 99.00-2-6.2 and 99.00-2-6.3", two unnumbered pages. He further stated that the second condition suggested by staff is that the effective date of the ordinance be September 30, 2007, which will allow Rising Star's camp to continue their summer programs at the facility and not shut down their operation by revoking the existing ordinance, and it will also follow the date scheduled for closing of the property. Mr. Holladay stated that the third and fourth conditions were suggested by the Planning Commission at their hearing. He explained that the third conditions states that signage shall be limited to one ground-level, unlit monument-style sign at the main entrance not to exceed 4-feet tall and 6-feet long. He stated that the fourth condition states that lighting shall be down-lit lamppost style not to exceed 10-feet in height. Mr. Holladay stated that since the Planning Commission meeting, staff has met with the petitioners and the Virginia Department of Transportation (VDOT) traffic engineering manager to determine what the Girl Scouts need to do for their traffic impact analysis. He stated that some of the concerns expressed at the Planning Commission meeting were with traffic on Route 220 turning onto Yellow Mountain Road, parking along Yellow Mountain Road, finding the entrance to the camp or missing it and turning around in driveways, and on-site parking and how the Girl Scouts would handle traffic when they hold large events. He stated that a meeting was held on July 17 with 654 July 24, 2007 the Girl Scouts representative, their traffic engineer, County staff, and VDOT concerning their traffic impact analysis, and all parties agreed on how to quantify the data. He stated the Girl Scouts presented data to the staff on their anticipated traffic numbers; however, some of the data was based on a Girl Scout Camp in Colorado and some was generated by the Girl Scouts themselves. He also stated that some of the data was from Rising Star Camp as a comparison, but VDOT wanted more information from the Girl Scouts to substantiate those numbers. He advised that timeframes for the traffic study were agreed upon with projections for 2008 and 2014. He stated that times of day to be studied were Fridays 3:00-8:00 pm, Saturdays 7:00-9:00 am and 4:00-6:00 pm, Sundays 12:00-2:00 pm, and weekdays 2:00-7:00 pm. Mr. Holladay stated that Supervisor Wray had inquired about rental of the property to other groups. He stated that Mr. Mahoney crafted a fourth condition that has been sent to the Board for their consideration which states that Community Use of the Girl Scouts property shall be considered an accessory use to the program center, and shall be limited as follows: a. Hours of use shall be limited to 7:00 am to 10:00 pm., except for overnight camps conducted with public schools. b. Community Use shall occur only Sunday thru Thursday c. Maximum 500 participants daily. d. Maximum 150 days per calendar year. July 24, 2007 655 e. The Girl Scouts of Virginia Skyline Council, Inc. shall keep records of community use, including dates, times and total attendance, and the records shall be available for inspection by County of Roanoke staff. Mr. Holladay also noted that Mr. Mahoney has recommended that the Board amend the "Community Use" definition to clarify that it includes the continuation of the sports and recreation activities of the indoor soccer league and adult volleyball leagues allowed for Rising Star, but that such use shall be limited to Sunday through Thursday. Mr. Holladay stated that Mr. Mahoney has recommended that the Board consider modifying condition #2, which currently reads as follows: "Signage shall be limited to one ground-level, unlit monument-style sign at the main entrance not to exceed 4 ft. tall and 6 ft. long." In further discussing Mr. Mahoney's memo to the Board, Mr. Holladay explained that the Zoning Ordinance currently limits overall size of signage in this zoning district to 30 square feet for identification signs, and a maximum height of 15- feet. He stated that a taller, lighted sign might better serve the area, since a taller, lighted sign would be more visible. He also stated that the Board could delete this condition and allow the existing Code limitations to take effect. Mr. Holladay explained that Mr. Mahoney has also recommended that the Board consider modifying condition #3, which currently reads, "Lighting shall be down lit lamppost style not to exceed 10-feet in height;" and has recommended changing this 656 July 24, 2007 condition to read "Any free-standing lighting shall not exceed 10-feet in height and shall be downlit." Supervisor Flora asked Mr. Holladay to clarify the recommendations that the Planning Commission had placed on the sign and what the zoning ordinance allows. Mr. Holladay stated that the Planning Commission recommended a monument-style sign, unlit, maximum 4-feet tall by 6-feet long for a total of 24 square feet, and the Zoning Ordinance allows a 15-feet high sign and 30 square feet. Supervisor Flora asked if there had been any discussion on the location of the sign because a 4-feet high sign could be an obstruction. Mr. Holladay advised that it was stated that the sign would be at the entrance. Attorney Edward A. Natt spoke on behalf of the petitioner. He stated that this is a request for a special use permit on 63 acres of land on property of Rising Star Camp. He further stated that they heard concerns in the community meetings about the operation of Rising Star, and he stated that the Girl Scouts is a different user. He stated that they are a community organization that has been around for many years, they recently sold a site in Roanoke County, and they feel that this site will be a perfect fit. He stated that the camp will be built over a number of years. He stated there were questions about the amphitheater which will be in a natural, rustic setting, will seat no more than 300, with no amplification and activities ending by 10:00 pm. He also stated that there would be no tolerance of alcohol on the premises. July 24, 2007 657 Mr. Natt advised that over a period of 12-18 months there would be full time resident manager who will live on site. He further advised that until that time, someone from the Girl Scouts would supervise activities on the property. He stated that the petitioner had no issues with the conditions that the staff recommended. He stated that the issue of community use has been addressed. He explained that one of the concerns they have heard from the neighbors is the location of the sign and that people would miss it and then turn around in driveways to go back to the entrance to the site. He stated that the petitioner is seeking permission to erect a lighted, 30 square feet sign, so the entrance will not be missed. Jean Ann Hughes, Chief Operations Officer for Girl Scouts of Virginia Skyline, stated that they are active in approximately 36 counties in Virginia covering 18,000 square miles and that the $11 million in improvements at this site will be phased in over several years. Supervisor Church asked Mr. Natt if there had been any thought given to directional signage when people missed the entrance. Supervisor Church also stated that he agreed with the 30 square feet sign. Mr. Natt explained that the petitioner thought the 30 square feet sign would be more easily identifiable. He also advised that registrants who would be attending the camp will have written directions in advance. 658 July 24, 2007 Supervisor Altizer stated that a 15-feet monument sign that has been erected in a commercial district in Vinton is unsightly, and he expressed concern about a 15-feet sign being erected in a rural, residential community. When asked by Supervisor Altizer who would monitor the number of participants attending community events since there would be a maximum number of 500 participants daily, Mr. Natt stated that the Girl Scouts would monitor those events and keep records for County use. Mr. Natt also stated that the proffered community-use will only be Sunday night through Thursday and there will be no community use on Friday, Saturday or Sunday during the day, and most of these activities will be recreational league activities. He further noted that the purpose of allowing the community use is for potential revenues for the camp. Supervisor Wray stated that there are concerns about special events that will be taking place at the camp. He asked Teresa Becher, Roanoke County Traffic Engineer, to explain the purpose of a traffic impact study. She stated that a traffic impact analysis looks at three conditions: (1) existing conditions with current traffic; (2) background conditions with the growth expected by the build-out of the proposed development, and (3) future conditions with the development in place. She also stated that an actual traffic impact study has not been received from the Girl Scouts. July 24, 2007 659 Mr. Natt stated that in the event of large events with large numbers of people attending the camp for single-day activities, arrangements have been made to run shuttle buses to the Girl Scouts camp from Clearbrook Elementary School and Towers Shopping Center. He further stated that participants of smaller events and overnight camping will have specific directions to the camp. Ms. Hughes stated that in other Girl Scout Councils, a confirmation letter goes to the scout leader with specific directions as to the time and location of the shuttle bus to the camp and she said this has worked very well. Supervisor Wray asked how the Girl Scouts would address the issue of an outside group renting the facility with large numbers of people and how they would address the traffic and parking situation. Ms. Hughes stated that they would enter into a contract with the group and the contract would state that there is a limit of 500 people and on-site parking for 96 vehicles, and it would be up to the group to determine how to get 500 people in and out of the site. Ms. Hughes also stated that a Girl Scout representative would be on-site during these events to monitor the number of people and the number of vehicles. 660 July 24, 2007 Supervisor Wray asked Ms. Becher if they had received comments from VDOT as follows: proposed rezoning could result in a change in the potential traffic generated from the site; the posted speed limit along this section of Yellow Mountain Road is 40 mph; minimum required site distance is 445-feet and appears to be adequate; additional information on the existing traffic conditions along Yellow Mountain Road should be presented as well as combined full build-out conditions including turning movement diagram; left and right turn lane warrant analysis should be performed in light of reviewing new redevelopment of the site for the proposed use; evaluation of the proposed vehicle use should be considered as part of redevelopment of the site, and if changes are needed to the current entrance configuration, review and approval of the plan will be required as well as a commercial entrance permit and/or land use permit for work within VDOT right-of-way; and any information regarding changes to the existing drainage system should also be submitted for review. Mr. Natt stated that the Girl Scouts are committed to making any road improvements that VDOT requires at the Yellow Mountain Road entrance to the property. July 24, 2007 661 Supervisor Wray asked staff if the rezoning is approved and the Girl Scouts sell the property in the future, could the next purchaser of the property assume these same conditions. Mr. Holladay stated that the zoning district would remain AG-3, but after two years the special use permit would cease by default. He also stated that it would be difficult for another organization to assume the conditions because they are geared to the Girl Scouts. Supervisor Wray asked if the property is sold as a commercial campground, could the prospective purchaser use these conditions. Mr. Mahoney stated that the special use permit would convey to another user, but it would be difficult to find another user that would fit the very narrow confines of the special use permit that is under consideration by the Board. Supervisor Wray asked about the possibility of installing "No Parking" signs along Yellow Mountain Road and Mr. Holladay stated that this would be the responsibility of VDOT. Supervisor Church stated that he is not comfortable with a sign that is 15- feet high. Mr. Natt explained that the ordinance requires the sign to be 15-feet from the level of the ground where it is installed. He further stated that they do not know where it will be placed to give it the best identification. 662 July 24, 2007 Deb Smith, 5512 Yellow Mountain Road, stated that she supports the Girl Scouts and thinks it is a good way to utilize the area. However, she stated that she would like to request that the maximum number of people allowed at special events be less than 500. She also stated she is concerned with the turn-lane off Route 220. She also suggested erecting the sign right before the fourth camp entrance off of Route 220. Supervisor Wray stated that the camp is looking for a source of water in the event of a fire and stated that some suggestions were an outdoor pool on the site and Back Creek. Supervisor Wray asked Mr. Holladay to comment on this issue. Mr. Holladay stated that officials in the Fire Department had made comments regarding the closest fire department and the closest available source of public water. Mr. Holladay advised that the suggestions about drawing water from the camp's outdoor pool and Back Creek were written into the staff report, but the Fire Department officials stated they would rather not get into a pump and haul situation, and suggested that another source of water be developed. Mr. Holladay stated that the extension of water to Franklin County would bring water closer to the intersection of Route 220 and Yellow Mountain Road. Mr. Holladay also stated that there is a dry hydrant in a pond across from the Yellow Mountain Road mobile home park, which is a little more than one-half mile from the camp. July 24, 2007 663 Supervisor Wray asked Mr. Holladay to address the issue of well and septic permits approved and issued by the Health Department. Mr. Holladay advised that well and septic permits are issued by the state office of the Roanoke County Health Department and any buildings that the Girl Scouts would construct with bathroom facilities must have adequate wells and septic disposal approved by the Health Department for that facility. He also stated that at the Planning Commission hearing it was mentioned that the Girl Scouts would bring in port-a-johns for large events because their facilities are not equipped to handle such an event. Supervisor Wray asked Mr. Holladay about the use of the adjoining property by the Girl Scouts. Mr. Holladay stated that they have advised the Girl Scouts that the road along the knoll at the upper part of the property originating off their site is not subject to this special use permit. He stated that the staff has mentioned to the Girl Scouts, and they have acknowledged, that it cannot be used as access to the pavilion and upper parts of their property. Supervisor Wray asked Wendy Mellenthin, Executive Director of the Scouts of Virginia Skyline Council, about the operation of the proposed amphitheater. Ms. Mellenthin stated there would be a stage, campfire site, and benches that would seat 300. She also stated that the Girl Scouts would like to keep the site as a camping environment and having increased lighting would interfere with that environment. 664 July 24, 2007 Supervisor Wray asked Ms. Mellenthin if they would have an event schedule for the camp on a monthly or quarterly basis and she stated that they publish a book twice a year of the council-sponsored activities. Supervisor Wray also stated that he would like for the staff that will be staying at the camp to introduce themselves to the neighbors, and Ms. Mellenthin said they planned to have an open house for that purpose. Supervisor Altizer asked if the monument sign would be a closed-based sign and Mr. Holladay verified that it would be. Supervisor Altizer asked if the location of the sign would have to be approved by VOOI. Mr. Holladay stated that the sign would not be in the road right-of-way and by County code would have a minimum set back of 15-feet from the property line and would not require VOOT approval. Mr. Holladay also stated that the monument-style enclosure sign should not obstruct the view of traffic if it is setback the proper distance of 15-feet. Supervisor Altizer stated that a sign 15-foot in height is not going to look well from an aesthetic standpoint, and suggested that the Board impose a condition of a lit sign, maximum 24 square feet and not to exceed eight (8) feet above the road grade of Yellow Mountain Road. Mr. Natt stated that the Girl Scouts would like to request a 30 square feet sign, and agreed with the eight (8) feet above the road grade of Yellow Mountain Road. He also stated they agreed with the condition that the sign must be located on Girl Scout property. July 24, 2007 665 Supervisor Flora asked if directional signs could be constructed in addition to the larger Girl Scout sign and Mr. Holladay said that could be done. Supervisor Wray asked if the Girl Scouts needed a maximum of 500 participants for a rental event at the camp. Mr. Natt noted that the 500 figure is from the provision in the County's ordinance for outdoor gatherings. He stated that the Girl Scouts may have to limit the number of people due to the limited parking on the property. Ms. Hughes stated she had no objection to a figure of a maximum of 300 people. Supervisor Wray moved to adopt the ordinance with conditions (2) and (3) being modified and condition (4) added as follows: (2) Signage shall be limited to a pedestal-style, not to exceed 8 feet above the elevation of the driveway where it intersects with Yellow Mountain Road. (3) Any free-standing lighting shall not exceed 10 feet in height and shall be down lit. (4) Community Use of the Girl Scouts property, as described in condition (1) c above, shall be considered an accessory use to the program center, and shall be limited as follows: (a) Hours of use shall be limited to 7:00 am to 10:00 pm, except for overnight camps conducted with public schools. (b) Community use shall occur only Sunday through Thursday. (c) Maximum 300 participants daily. 666 July 24, 2007 (d) Maximum 150 days per calendar year. (e) Continuation of the sports and recreation activities of the indoor soccer league and adult volleyball leagues allowed for Rising Star, such use being limited to Sunday through Thursday. (f) The Girl Scouts of Virginia Skyline Council, Inc. shall keep records of community use, including dates, times and total attendance, and the records shall be available for inspection by County of Roanoke staff. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara ORDINANCE 072407-8 REVOKING ORDINANCE 111400-8 AND GRANTING A SPECIAL USE PERMIT TO OPERATE ACTIVITIES, MEETINGS, DAY CAMPS, AFTER-SCHOOL PROGRAMS AND OVERNIGHT CAMPING ON 63.12 ACRES LOCATED AT 5488 YELLOW MOUNTAIN ROAD (TAX MAP NOS. 99.00-2-6.2 AND 99.00-2- 6.3) CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF GIRL SCOUTS OF VIRGINIA SKYLINE COUNCIL, INC. WHEREAS, Girl Scouts of Virginia Skyline Council, Inc. has filed a petition for a special use permit to operate activities, meetings, day camps, after-school programs, and overnight camping to be located on 63.12 acres at 5488 Yellow Mountain Road (Tax Map Nos. 99.00-2-6.2 and 99.00-2-6.3) in the Cave Spring Magisterial District; and WHEREAS, on November 14, 2000, the Board of Supervisors granted special use permits to C & H Enterprises, LLC and Rising Star Sports and Adventure Camp to operate a camp and a day care center on this property; and WHEREAS, it will be necessary to revoke or repeal the numerous conditions imposed on the operation of the camp and day care center; and WHEREAS, the Planning Commission held a public hearing on this matter on July 9, 2007; and July 24, 2007 667 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 26, 2007; the second reading and public hearing on this matter was held on July 24,2007. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Girl Scouts of Virginia Skyline Council, Inc. to operate activities, meetings, day camps, after- school programs, and overnight camping to be located on 63.12 acres at 5488 Yellow Mountain Road in the Cave Spring Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The property shall be developed in substantial conformance with the following three documents submitted with the application: a. Concept Plan Program Center, Girl Scouts of Virginia Skyline Council, by Schmidt, Copeland Parker, Stevens, dated May 9, 2007. b. Girl Scouts Virginia Skyline Council Facility Schedule, by Schmidt, Copeland Parker, Stevens, Facilities, pages 1-3, and Phasing Plan, page 1. c. Narrative description of activities entitled "Girl Scouts of Virginia Skyline Council, Inc. Program Center, Tax Map Parcels 99.00-2-6.2 and 99.00-2-6.3, two unnumbered pages. (2) Signage shall be limited to a pedestal-style, not to exceed 8 feet above the elevation of the driveway where it intersects with Yellow Mountain Road. (3) Any free-standing lighting shall not exceed 10 feet in height and shall be down lit. (4) Community use of the Girl Scouts property, as described in condition (1) c above, shall be considered an accessory use to the program center, and shall be limited as follows: a. Hours of use shall be limited to 7:00 a.m. to 10:00 p.m., except for overnight camps conducted with public schools. b. Community use shall occur only Sunday through Thursday. c. Maximum 300 participants daily. d. Maximum 150 days per calendar year. e. Continuation of the sports and recreation activities of the indoor soccer league and adult volleyball leagues allowed for Rising Star, such use being limited to Sunday through Thursday. 668 July 24, 2007 f. The Girl Scouts of Virginia Skyline Council, Inc. shall keep records of community use, including dates, times and total attendance, and the records shall be available for inspection by County of Roanoke staff. 2. That the special use permits granted by Ordinance 111400-8 to operate a camp and day care center are hereby revoked and repealed. 3. That this ordinance shall be in full force and effect from and after September 30, 2007. 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 Wray to adopt the ordinance with conditions 2 and 3 modified and condition 4 added. The motion was carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara 2. Second readina of an ordinance authorizina Quitclaim and release of ~ slope easement within the boundaries of Pine Vallev Lane dedicated in Plat Book 24. ~ 52. The Fairwavs at Hanaina Rock. Catawba Maaisterial District. (Arnold Covey. Director of Community Development) 0-072407 -9 Mr. Covey stated that the first reading was heard before the Board on July 10 and there have been no changes since the first reading. There were no citizens to speak on this matter. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: July 24, 2007 669 AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara ORDINANCE 072407-9 AUTHORIZING QUITCLAIM AND RELEASE OF A SLOPE EASEMENT WITHIN THE BOUNDARIES OF PINE VALLEY LANE, THE FAIRWAYS OF HANGING ROCK, DEDICATED IN PLAT BOOK 24, PAGE 52, IN THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID SLOPE EASEMENT BEING LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Roanoke College Investment Corporation in March, 1992, dedicated a road and slope easement for the extension of Edgebrook Road, Virginia Secondary Route 1150, to guarantee the stability of the right-of-way for the extension of Edgebrook Road, upon a plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 14, Page 27, ("Road and Easement Dedication Plat For Roanoke College Investment Corporation"); and WHEREAS, Graham-Thomas, LLC, is the owner of property adjoining on the north the property upon which said road and slope easement were dedicated by the Roanoke College Investment Corporation in Plat Book 14, page 27, said property of Graham-Thomas, LLC, being designated as "The Fairways at Hanging Rock," a resubdivision of New Tract 4, Roanoke College Investment Corp. Map, Plat Book 14, Page 58; and WHEREAS, Graham-Thomas, LLC, is requesting that a portion of the existing slope easement for the dedication of the extension of Edgebrook Road, Virginia Secondary Route 1150, recorded in Plat Book 14, Page 27, be quitclaimed and released as shown on "Map of THE FAIRWAYS AT HANGING ROCK, Property of GRAHAM-THOMAS. LLC.", recorded in Plat Book 24, page 52, as shown on Exhibit "A" attached hereto; and WHEREAS the dedicated slope easement adjacent to Edgebrook Road, Virginia Secondary Route 1150, will no longer be necessary due to the construction of Pine Valley Lane and in order further to permit the acceptance of Pine Valley Lane, Sawgrass Court, Valhalla Court, and Cascades Court into the state secondary road system; and WHEREAS, the Virginia Department of Transportation (VDOT) has requested release of the designated slope easement in order that the right-of-way of Pine Valley Lane may be free and clear of any third party rights or encumbrances as a condition of the acceptance of the aforesaid streets into the state secondary road system; and 670 July 24, 2007 WHEREAS, the quitclaim and release of the designated slope easement shall be for so long as the subject section of Pine Valley Lane is used as part of the public street or highway system; and WHEREAS, the owner, as the Petitioner, has requested that, pursuant to Section15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, quitclaim and release this slope easement, designated as "SLOPE ESMT TO BE VACATED P.B. 14, PG 27" on the "MAP OF THE FAIRWAYS AT HANGING ROCK, PROPERTY OF GRAHAM-THOMAS. L.L.C. BEING A RESUBDIVISION OF NEW TRACT 4, ROANOKE COLLEGE INVESTMENT CORP. MAP P.B. 14, PG. 58, SITUTATE ON EDGEBROOK ROAD - ROUTE 1150, CATAWBA MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA", Plat Book 24, Page 52, as now shown on the attached Exhibit "A"; and WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and WHEREAS, notice has been given as required by Section15.2-2204 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. 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 July 10, 2007, and a second reading and public hearing of this ordinance was held on July 24, 2007. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (a slope easement within the boundaries of Pine Valley Lane) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That this slope easement, being designated and shown as A SLOPE EASEMENT TO BE VACATED, P.B.14, PG.27" on Exhibit "A" attached hereto, said slope easement being located adjacent to Edgebrook Road, Route 1150, and having been dedicated on the plat of Roanoke College Investment Corporation, and recorded in the aforesaid Clerk's Office in Plat Book 14, Page 27, in the Catawba Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2- 2272 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 Petitioners. 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, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit July 24, 2007 671 Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia (1950, as amended). On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora NAYS: None ABSENT: Supervisor McNamara INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Wrav: He requested that Mr. Hodge send a blind copy of the letter that will be sent to Congressmen Goodlatte and Boucher seeking guidance and assistance in obtaining funding for establishing quiet zones at railroad grade crossings to those citizens who have called with concerns about the blowing of train whistles at the Starkey, Benois and Garman railroad crossings. Supervisor Church: He stated that to follow up on what he had mentioned at the last meeting, on June 28, 2007, he was honored to be a part of an event for PGA professional Chip Sullivan and declaring June 28 as Chip Sullivan Day in Roanoke County. He stated that he had airing dates for the program, The Road to the PGA, which will highlight Chip Sullivan. This program will be aired nationally on the following stations: CBS: Sunday, July 29 at 2:00 pm; Golf Channel: Sunday, August 5 at 1 :00 pm, Monday, August 6 at 8:00 pm, Tuesday, August 7 at 3:00 am, 6:00 am, 7:00 pm, Wednesday, August 8 at 11 :30 am, and Thursday, August 9 at 10:00 am. 672 July 24, 2007 Supervisor Church stated that Mr. Sullivan is a professional golfer and has qualified for the national tournament. He stated that Roanoke County may be featured on television this weekend and in the coming weeks with the airing of the show featuring Mr. Sullivan. He stated that he was proud of Mr. Sullivan and what he has done for the area. INRE: ADJOURNMENT Vice-Chairman Flora adjourned the meeting at 8:40 p.m. Submitted by: Approved by: ~CYJ.'P~ Wanda G. Riley Clerk to the Board qv.J~ C~ Richard C. Flora Vice Chairman