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HomeMy WebLinkAbout11/13/2007 - Regular November 13, 2007 1055 Former Roanoke County Public Safety Center 3568 Peters Creek Road Roanoke, Virginia 24019 November 13, 2007 The Board of Supervisors of Roanoke County, Virginia met this day at the former Roanoke County Public Safety Center, this being the first Tuesday and the first regularly scheduled meeting of the month of November 2007. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:07 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer and Joseph B. "Butch" Church MEMBERS ABSENT: Supervisor Michael A. Wray 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 IN RE: OPENING CEREMONIES The invocation was given by John Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. 1056 November 13, 2007 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1 Recoanition of Roanoke County and Hollins University for winnina the 2007 Virainia Municioal Leaaue President's Award for the annual Technoloav Education for Kids (TEK) Camo summer oroaram. (Doua Chittum. Director of Economic Develooment: Nancv Grav. President. Hollins University) Present were Nancy Gray, President of Hollins University; Richard Alvarez, Vice President of Finance, Hollins University; Doug Chittum, Director of Economic Development; Melinda Cox, Economic Development Specialist; Dr. Betty McCrary, Director of Social Services; Diana Rosapepe, Director of Library Services; Elaine Carver, Chief Information Officer; and Teresa Hall, Public Information Officer. Mr. Chittum explained that TEK Camp was developed for children from Roanoke County and the City of Salem who wanted to attend a summer camp and had technological abilities, but did not have the opportunities to attend a camp. President Gray and Mr. Hodge made remarks about the cooperative efforts and strong partnership between Hollins University and Roanoke County. The Board recognized Hollins University and Roanoke County staff for their work with TEK Camp and congratulated them on winning the VML President's Award. November 13, 2007 1057 IN RE: BRIEFINGS 1. Introduction of Mr. David Radford Chairman McNamara stated that the County is saddened by the recent death of AI Thomason, a member of the Roanoke County Planning Commission, who represented the Windsor Hills Magisterial District for many years. He stated that Mr. Thomason served in many capacities during his 80 years. Chairman McNamara introduced Mr. David Radford and explained that Mr. Radford would be appointed to the Planning Commission later in the meeting to complete the remaining term of the late Mr. Thomason. Mr. Radford thanked Chairman McNamara for his show of confidence in appointing him to the Planning Commission. IN RE: NEW BUSINESS 1. Reauest to aoorove an aareement with the Western Virainia Water Authoritv for construction and ooeration of ! new Fleet Maintenance (Garaae) Facilitv. (Anne Marie Green. Director of General Services) A-111307-1 Ms. Green stated that the County is planning to build a Fleet Maintenance Facility on Hollins Road at a cost of approximately $7.7 million. She explained that the Western Virginia Water Authority (Authority) is interested in partnering with the County 1058 November 13, 2007 on this project. She further explained that the County has been servicing their fleet since they became the Authority and it has been a good relationship both for them and the County garage, and staff on both sides would like to continue this arrangement. She stated that the agreement is a thirty (30) year agreement, and the Authority's initial share of the cost of the facility is 30 percent, which is based on the number of Authority vehicles in the fleet. She stated that if the Authority's percentage of the fleet increases, then the cost sharing could change. She explained that this will help to pay for the debt service for the facility. She further explained that the Authority would be paying an hourly rate, which will be identical to the County's rate, and this money will help cover the day-to-day operation of the facility. Ms. Green stated that the Authority does not have a fleet manager and the Authority will receive fleet management services, which will help them with specifications for vehicles, reporting on the performance of the fleet, suggestions for replacement vehicles, and the surplus of vehicles. Ms. Green explained that if the Authority opts to terminate the agreement in the first 10 years, the Authority will pay one-half of the remaining annual payments for the initial 10-year term. She further explained that if the Authority terminates the agreement after the initial 1 O-year term, no additional payment is required. November 13, 2007 1059 Ms. Green stated that the agreement provides for an Oversight Committee consisting of staff from the Authority and the County and in proportion to the number of vehicles served by the facility. Ms. Green explained that funds have already been appropriated for the acquisition of the real estate and for construction of the facility based upon future issuance of revenue bonds. She stated that staff is requesting that the Board authorize execution of the agreement. In answer to a question raised by Supervisor Altizer regarding the non- appropriation of funds in any fiscal year by either party and the notice of termination of the agreement, Mr. Mahoney explained that the non-appropriation of funds clause in the agreement takes precedence over the gO-day termination clause. Supervisor McNamara moved to approve the staff recommendation (authorize the County Administrator to execute the agreement). The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray 1060 November 13, 2007 2. Reauest to aDDrove the Route 220 Water Line Aareement with Franklin County and the Western Virainia Water Authority. (Paul Mahoney. County Attorney) A-111307-2 Mr. Mahoney stated that this is a three party agreement between Roanoke County, Franklin County and the Western Virginia Water Authority (Authority), which will provide for the construction of a water line down the Route 220 corridor to Wirtz Plateau in Franklin County. Mr. Mahoney explained that an agreement in principle was approved in April 2007 by the three governing bodies. He advised that the staffs of the three governing bodies have negotiated an agreement to construct the water line. He stated that Roanoke County's portion of the project is approximately $2.3 million, with a 20-year term of agreement. He further stated that there are some financial considerations being analyzed at this time by the finance staff of the Authority and Roanoke County and there are some benefits in going to a 15-year revenue bond that will be issued by the Authority. He explained that if a 15-year revenue bond is issued, Roanoke County's portion will be $220,000 per year, and with a 20-year revenue bond Roanoke County's share will be approximately $185,000 per year principal and interest. Mr. Mahoney stated that he had spoken with Diane Hyatt, the County's Chief Financial Officer, and it is believed the County can handle the increased cost through available funding. He noted that even though it results in a higher annual cost, it will result in a November 13, 2007 1061 cost savings to the citizens and taxpayers over the term of the agreement. Mr. Mahoney stated that he has had discussions with the Authority's attorney about the sharing of availability fees, especially with respect to large developments that may be built in the future, although this issue is not in the agreement. He stated that it had been thought that the Board at that time may consider a cash proffer from the developer to help defray the County's share of the water line extension costs. He advised that the Authority has asked that the County credit any cash proffer to the principal and interest payments for this project. Mr. Mahoney stated that the staff requests that the Board favorably consider the approval of the agreement, and authorize the County Administrator to execute the agreement on behalf of the County. He further stated that the Authority and Franklin County will review the agreement at their meetings within the next month. Supervisor McNamara stated that he thought this is a great regional project and hopefully may result in the enlargement of the Western Virginia Water Authority. Supervisor McNamara moved to approve the staff recommendation (approval of the Route 220 Water Line Agreement between Franklin County, Roanoke County, and the Western Virginia Water Authority). The motion carried by the following recorded vote: 1062 November 13, 2007 AYES: NAYS: ABSENT: A-111307-3 Supervisors Church, Altizer, Flora, McNamara None Supervisor Wray 3. Reauest Irl David Shelor for increase in rental Davment for easement on Fort Lewis Mountain. (Elmer Hodae. County Administrator) Mr. Hodge explained that in 1990, Mr. Shelor granted the County a 4.6 mile easement through his property for access to a radio tower site on Fort Lewis Mountain. He further explained that in 1996, we entered into an agreement with Mr. Shelor for an exchange of the easement to the tower site for a piece of property that had originally been a reservoir/well lot. He stated that the former Roanoke County Public Service Authority purchased the well lot; however, it was discovered that the Public Service Authority never had clear title to the well lot. He stated that the County and Mr. Shelor agreed to a rate of $5,000 per year for use of the easement through his property until the title issue could be resolved. He advised that Mr. Shelor has requested an increase in the yearly payment since it has taken more time than anticipated to clear the title. Mr. Hodge explained that on other tower lease agreements, the County increases the lease agreements yearly based on the Consumer Price Index (CPI). He explained that the County maintains this roadway easement. November 13, 2007 1063 Mr. Mahoney stated that the County has been unsuccessful in negotiating with the people who own the property due to a long-running dispute since the County took them to court in the 1980s. He explained that the County is reluctant to exercise eminent domain and it is anticipated that it could take several more years to clear the title. Supervisor Altizer asked if the new rental rate of $6,644 would remain constant and Mr. Hodge explained that Mr. Shelor has asked that this be increased each year based on the increase in his taxes. He explained that the staff is still working on this and asked for flexibility in making the decision as to whether it would be better to increase the lease payment based on the taxes or the CPI. Supervisor Church stated that he thought this was fair and that it gives us access to an important tower site. He thanked Mr. Shelor for his partnership with the County. Supervisor Church moved to approve the staff recommendation (approval of the request by Mr. Shelor for an increase in the annual rent payment to $6,644, and directed the County Attorney to continue his efforts to permanently resolve the title issue). The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray 1064 November 13, 2007 1. Resolution arantina ! waiver to Hiah Country Concrete. Inc.. on behalf of ODDidan Investment ComDanv. under Section 13- 23 of the Roanoke County Code to the Drovisions of the County's Noise Ordinance. Article !h Noise of ChaDter 13: Offenses = Miscellaneous to eXDedite construction. (Doua Chittum. Director of Economic DeveloDment) R-111307-4 Mr. Chittum explained that a request has been received from High Country Concrete for a waiver of the noise ordinance for a three-day period on November 19-21, 2007, for the purpose of pouring the floor for the Gander Mountain facility. He explained that only two days are actually needed to pour the floor; however, they have asked for three days in the event of bad weather or unforeseen circumstances. He advised that the County has granted waivers similar to this one for such facilities as Mennel Milling and Wal-Mart. He stated that High Country Concrete has requested a waiver so they can begin work at 4:00 a.m. and continue to 12:00 a.m. for two different days. Mr. Chittum advised that letters will be sent to the neighboring residents. November 13, 2007 1065 Mr. Flora asked Mr. Chittum if the contractors realized this request is the day before Thanksgiving and asked that they not go into the Thanksgiving holiday. Mr. Chittum explained the contractor is anticipating that the concrete will be poured on Monday and Tuesday and they are hoping that Wednesday before Thanksgiving is not needed. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray RESOLUTION 111307-4 GRANTING A WAIVER UNDER SECTION 13- 23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13: OFFENSES - MISCELLANEOUS OF THE ROANOKE COUNTY CODE, OPPIDAN INVESTMENT COMPANY WHEREAS, High Country Concrete, a subcontractor for the construction of the Gander Mountain and Camping World retail stores for Oppidan Investment Company on a 40-acre site west of Plantation Road and south of Interstate 81 in Roanoke County, has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver. to permit the pouring of concrete floors for a three day period beginning on November 19, 2007, and ending November 21, 2007; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article II. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13-23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to High 1066 November 13, 2007 Country Concrete from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning not earlier than 4:00 a.m. and ending not later than 12:00 a.m. on each day, beginning on Monday November 19, 2007 through Wednesday, November 21, 2007. b. Whether the noise is intermittent or continuous: The noise produced will be continuous during the hours of 4:00 a.m. and 12 a.m. of each day. c. The extensiveness of the noise: Construction noise may be extensive from time to time. This schedule will allow for the least amount of inconvenience possible to complete this project. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: To achieve the desired goal of opening these retail stores in the Fall of 2008, to complete construction activities prior to the onset of winter, to assure a controlled environment for placing and finishing concrete, and to minimize escalation of costs, this waiver is necessary. e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: The hours of construction will minimize the duration of the construction period, benefiting adjoining residences and businesses. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this phase of construction of the Gander Mountain and Camping World retail stores is normal and expected for this type of operation. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13- 21. Specific acts as noise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for High Country Concrete without producing any substantial benefit to the public either living in the area of this construction or generally. 3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES- MISCELLANEOUS be WAIVED from November 19, 2007 until November 21, 2007. 4. This Waiver is granted specifically to High Country Concrete, its officers, employees and agents for construction related activities at the Oppidan Investment Company site located on approximately 40 acres west of Plantation Road and south of November 13, 2007 1067 Interstate 81 in Roanoke County, Virginia. 5. All construction vehicles and activities must enter the property from Plantation Road and not from any adjoining residential streets. 6. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 7. That this Resolution shall be in full force and effect from its passage. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. First readina of an ordinance to rezone 1.41 acres from AVC. AariculturalNillaae Center District with Conditions. to A VC. AariculturalNillaae Center District with amended conditions. and to obtain .! Special Use Permit to operate .! construction yard in an A VC. AariculturalNillaae Center District with Conditions. located at 7119 Bent Mountain Road. Windsor Hills Maaisterial District. upon the petition of Dalton Heatina & Air Conditionina. Inc. Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for December 18, 2007. The motion carried by the following recorded vote: 1068 November 13, 2007 AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray IN RE: SECOND READING OF ORDINANCES 1. Second readina of an ordinance convevina the former Public Safety Center to the Roanoke County School Board. (Paul M. Mahonev. County Attornev) 0-111307-5 Mr. Mahoney advised that this is the second reading of the ordinance, and there have been no changes to the ordinance since the first reading. He explained that this ordinance authorizes conveyance of the old Southview School back to the School Board. There was no discussion. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray ORDINANCE 111307-5 CONVEYING THE FORMER PUBLIC SAFETY CENTER TO THE ROANOKE COUNTY SCHOOL BOARD November 13, 2007 1069 WHEREAS, the Board of Supervisors acquired this property located at 5368 Peters Creek Road consisting of two parcels containing 2.281 acres and 3.723 acres from the School Board by deed dated October 15, 1990, and recorded in Deed Book 1337, page 1345; and WHEREAS, in August 1992, the Board conveyed the 2.281 acre parcel to the Virginia Public Building Authority for the State Forensics Lab; and WHEREAS, the remaining property served as the Public Safety Building until completion of the new Public Safety Building located on Cove Road in 2006; and WHEREAS, a Memorandum of Understanding between the Board of Supervisors and the School Board provided for the Boards to cooperate in the provision of a site for a new Public Safety Building in exchange for the then current Public Safety Building and the construction of a new warehouse for the School Board; and WHEREAS, this ordinance authorizes the conveyance of the former Public Safety Building (the former Southview Elementary School) located at 3568 Peters Creek Road to the Roanoke County School Board; 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 October 23, 2007, and the second reading was held on November 13, 2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of a 3.72 acre parcel of real estate located at 3568 Peters Creek Road (Tax Map No. 37.10-1-21.2) to the Roanoke County School Board is hereby approved and authorized; and 2. 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 Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray 1070 November 13, 2007 2. Second readina of an ordinance to acceot ! donation of 89.82 acres on Read Mountain from Alfred and Beth Durham. (Janet Scheid. Planner) 0-111307-6 Ms. Scheid stated that in 2002, Dr. and Mrs. Durham donated a conservation easement of approximately 90 acres on Read Mountain to the Western Virginia Land Trust. She explained that they are now offering to donate the fee simple ownership of this property to the County for public park purposes. She stated that the conservation easement that encumbers the property does not allow any further subdivision of the property, and the easement expressly states that the property can be used as a public park. She explained that no building or structure can be built within 100 feet in elevation from the ridge line. She advised that this acreage, combined with the 152 acre donation made in 2006 by Fralin & Waldron, Inc., gives the County almost 250 acres of protected land on Read Mountain. She stated that through the generous, civic-minded efforts of citizens such as the Durhams, and Frank and David Radford who also donated land several years ago, that the County can hope to be successful in its efforts to protect the Blue Ridge Parkway. Supervisor Flora stated that the County should recognize the Durhams at a future Board meeting for their donation of this property. November 13, 2007 1071 Supervisor Flora moved to adopt the ordinance. He stated that he hoped the County could master plan the property for passive, non-intrusive type activity. The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray ORDINANCE 111307-6 TO ACCEPT THE CONVEYANCE OF 89.82 ACRES OF REAL ESTATE (TAX MAP NO. 39.00-1-8) LOCATED ON READ MOUNTAIN FROM ALFRED AND BETH DURHAM TO THE BOARD OF SUPERVISORS WHEREAS, Alfred and Beth Durham wish to donate to the County a parcel of real estate consisting of 89.82 acres located on Read Mountain; and WHEREAS, this parcel is encumbered with a conservation easement in favor of the Western Virginia land Trust that limits the uses of this property; and WHEREAS, the Durhams will convey this property without cost to the County of Roanoke to protect this portion of Read Mountain for the benefit of the citizens of and visitors to the Roanoke Valley; and WHEREAS, the acceptance of this conveyance is consistent with the adopted Community Plan, and it will support the open space and viewshed protection policies and goals of the County and provide enhanced opportunities for passive recreational uses; 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 will be held on October 23, 2007, and the second reading will be held on November 13, 2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition by donation from Alfred and Beth Durham of a 89.82 acre parcel of real estate located on Read Mountain (Tax Map No. 39.00-1-8), is hereby authorized and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of 1072 November 13, 2007 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 Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray IN RE: APPOINTMENTS 1: Blue Ridae Behavioral Healthcare Board of Directors Chairman McNamara advised that the three-year term of Linda Manns, Roanoke County member, will expire on December 31, 2007. He stated that Ms. Manns was completing the unexpired term of Roger Laplace and is now eligible to serve a full three-year term. Ms. Mann has advised that she is willing to serve an additional term. It was the consensus of the Board to add this appointment to the consent agenda. Chairman McNamara advised that the three-year term of Mrs. Dana Barnes Lee, member at large, will expire on December 31, 2007. He advised that the member at large must be confirmed by the Cities of Roanoke and Salem. He advised that Mr. Tim Steller, Executive Director, has advised that the Blue Ridge Behavioral Healthcare Board recommends that Mrs. Lee's appointment be ratified. It was the consensus of the Board to add this appointment to the consent agenda. 2. Caoitallmorovement Proaram (CIP) Review Committee (aooointed ~ district) November 13, 2007 1073 Chairman McNamara advised that the following one-year terms expired on August 31, 2007: King Harvey, Catawba District; James T. Anderson, Cave Spring District, (Mr. Anderson has advised that he does not wish to serve an additional term); and Brian Garber, Windsor Hills District. Supervisor Church advised that he will have an appointment the first meeting in December. Chairman McNamara advised that Wes Thompson has agreed to serve on the CIP Committee representing the Windsor Hills Magisterial District. It was the consensus of the Board to add this appointment to the consent agenda. 3. Grievance Panel Chairman McNamara advised that the three-year term of Lee Blair, Alternate, expired on October 10, 2007. He stated that the Clerk's Office has determined that Ms. Blair is eligible for reappointment and is willing to serve an additional term and her reappointment is recommended. by Joe Sgroi, Director of Human Resources. It was the consensus of the Board to add this appointment to the consent agenda. 1074 November 13, 2007 4. Library Board (aDDointed ~ district) Chairman McNamara advised that the four-year terms of Josie Eyer, Catawba Magisterial District, and Sheryl Ricci, Windsor Hills Magisterial District, will expire on December 31,2007. He noted that Ms. Eyer is not eligible for reappointment since she has served three consecutive terms. He stated that Ms. Ricci has informed the Library Board that she does not wish to be reappointed. Supervisor Church advised that Herman Lowe has agreed to serve on the Library Board, representing the Catawba Magisterial District. It was the concurrence of the Board to add this appointment to the consent agenda. Chairman McNamara asked that Ms. Rosapepe suggest replacements for the appointment for the Windsor Hills Magisterial District. 5. Roanoke County Plannina Commission (aDDointed ~ district) Chairman McNamara advised that the four-year terms of Gary Jarrell, Hollins Magisterial District, and Rodney W. McNeil, Cave Spring Magisterial District, will expire on December 31, 2007. Supervisor Flora asked that the appointment for the Hollins Magisterial District be carried to the December agenda. November 13, 2007 1075 Chairman McNamara advised that David Radford had agreed to serve the term left vacant by the recent death of AI Thomason, representing the Windsor Hills Magisterial District, which term will expire on December 31, 2008. It was the consensus of the Board to add this appointment to the consent agenda. 6. Roanoke Vallev Resource Authoritv Chairman McNamara advised that the four-year term of Anne Marie Green will expire on December 31, 2007. It was the consensus of the Board to reappoint Ms. Green to the RVRA and to add the appointment to the consent agenda. 7. Western Virainia Reaional Jail Authoritv Chairman McNamara advised that the one-year terms of Richard C. Flora, elected representative; Michael W. Altizer, alternate elected representative; John M. Chambliss, administrative official; and Diane D. Hyatt, alternate administrative official, will expire on December 31, 2007. Chairman McNamara advised that these appointments will be made at the last meeting in December. 1076 November 13, 2007 IN RE: CONSENT AGENDA R-111307-7 Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray RESOLUTION 111307-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for November 13, 2007, 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 11 inclusive, as follows: 1. Approval of minutes for August 28,2007, and October 9,2007 2. Request from the Police Department to accept and appropriate a donation in the amount of $250 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects 3. Request from the Police Department and Sheriffs Office for acceptance of a Bureau of Justice Assistance Bulletproof Vest Partnership grant in the amount of $14,180 4. Resolution of appreciation to Ida-Lee R. Mcllwraith, Sheriff's Office, upon her retirement after twenty-five years of service 5. Request from the schools to appropriate $2,500, an increase in grant funding from the James Madison University TTAC, to be used for fees and materials related to Autism 6. Request from the schools to appropriate $30,180.78 from the Virginia Department of Education to the National Board Certified Teachers November 13, 2007 1077 7. Request from the schools to appropriate $10,937.28 from the Virginia Department of Education to testing and remediation accounts to replace local funds spent on the Project Graduation Summer Academy 8. Request from the schools to appropriate $64,320 from the 2007-2008 Virginia Tobacco Settlement Foundation Grant to provide Elementary Student Assistance Program services to reduce the use of tobacco and other drugs 9. Request from the schools to appropriate $6,713 from the 2007 Virtual Summer School revenue to pay for the unfunded portion of the 2007-2008 Blackboard license 10. Request to adopt a resolution approving a bank-qualified financing project in Roanoke County through the Craig County Industrial Development Authority (IDA) for the Girl Scouts of Virginia Skyline Council on Yellow Mountain Road 11. Confirmation and ratification of committee appointments 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 Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray RESOLUTION 111307-7.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO IDA-LEE R. McILWRAITH, SHERIFF'S OFFICE, UPON HER RETIREMENT AFTER. TWENTY-FIVE YEARS OF SERVICE WHEREAS, Ida-Lee R. Mcllwraith was employed by Roanoke County on January 16, 1982, as a Deputy Sheriff in the Sheriffs Office; and advanced to Corporal and Sergeant Deputy Sheriff; and WHEREAS, Sg1. Mcllwraith retired from Roanoke County on November 1, 2007, after twenty-five years and ten months of service; and WHEREAS, Sg1. Mcllwraith contributed to the betterment of operations in the Roanoke County/Salem Jail by assisting in the design and implementation of programs, and WHEREAS, Sg1. Mcllwraith's assistance was instrumental to the success of the accreditation process for the Sheriff's Office; and 1078 November 13, 2007 WHEREAS, Sgt. Mcllwraith, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to IDA-LEE R. MclLWRAITH for more than twenty-five years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Church, Altizer, Flora, McNamara None Supervisor Wray RESOLUTION 111307-7.i APPROVING A BANK-QUALIFIED FINANCING PROJECT IN ROANOKE COUNTY THROUGH THE CRAIG COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE GIRL SCOUTS OF VIRGINIA SKYLINE COUNCIL ON YELLOW MOUNTAIN ROAD WHEREAS, the Industrial Development Authority of Craig County (the "Authority") has considered the application of Girl Scouts of Virginia Skyline Council, Inc. (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $4,000,000 (the "Bonds") to assist in financing the acquisition, construction, renovation and equipping of (a) a tract of land of approximately 63 acres, (b) a building now located thereon and containing approximately 21,000 square feet and (c) buildings and other structures to be constructed thereon, which may include lodges, cabins, an aquatics center, a manager's residence, an outdoor pavilion, an amphitheater and other improvements (such land, existing building, other buildings and structures and equipment therefor being referred to, collectively, as the "Project"), to be used by the Borrower as a Girl Scout program center, located at 5488 Yellow Mountain Road, in Roanoke County, Virginia (the "County"), the Project will be owned and operated by the Borrower (except that a portion of the Project may, on an occasional basis, be leased to entities or individuals to be used for business and individual gatherings), and the Authority has held a public hearing thereon; and November 13, 2007 1079 WHEREAS, it has been requested that the Board of Supervisors of the County (the "Board") approve the financing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The Board approves the financing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing of the Project. The Board concurs with the inducement resolution adopted by the Authority on October 31, 2007 with respect to the Bonds and the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the County, Craig County (the "Locality") and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Locality, the County and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray 1080 November 13, 2007 1:. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 4. Accounts Paid: October 2007 5. Statement of expenditures and estimated and actual revenues for the month ended October 31.2007 6. Telecommunications Tax Report 7. Statement of the Treasurer's accountability per investment and portfolio policy as of October 31. 2007 8. Proclamation sianed !rl the Chairman WORK SESSIONS 1. Work session to discuss current status of capital improvement proiects. (Brent Robertson. Director of Manaaement and Budaet) The work session was held from 4:35 p.m. until 5:04 p.m. The following County staff members were present: Elmer Hodge, County Administrator; Brent Robertson, Budget Director; Anne Marie Green, Director of General Services; Jim Vodnik, Assistant Director of General Services; and David Anderson, Fleet and Garage Supervisor. IN RE: November 13, 2007 1081 Others present were Bill Huber and Granville Grant from Spectrum Design. Supervisor McNamara asked if there were any changes to the capital improvement projects, and Mr. Robertson advised that there were no changes. Supervisor McNamara then requested that if there are no changes in the CIP in the future that this information could be included in reports. If there are changes, then a work session can be held. Mr. Robertson explained that Ms. Green was present to review the new garage facility with the Board. Ms. Green introduced Mr. Vodnik and Mr. Anderson, County staff, and Mr. Huber and Mr. Grant from Spectrum Design. She explained that a team representing the County and the Western Virginia Water Authority 0NVWA) would describe the design process and their visits with several municipalities to view their garage facilities. She advised that they have incorporated the most practical features they have seen, but not the most expensive features. She explained that the new building will be LEAD certified which means it has to meet certain standards in relation to the environment including the materials used in construction and the plantings. 1082 November 13, 2007 Ms. Green state that the size of the facility is based on input from consultants along with the review of specifics from other local governments. Ms. Green distributed a chart comparing the number of employees and number of vehicles serviced in Roanoke County with other localities. Ms. Green stated that they are proposing that the garage have three heavy truck bays and six light vehicle bays. She stated that they are hoping that within the budget they can possibly add an additional heavy truck bay based on the size of the fleet and the fact that the vast majority of the WVWA vehicles are heavy truck vehicles. She stated that the extra bay will be a bid alternate. She also explained that a bay that had been shown on the original plans has been removed because the communications and welding shops, which had been proposed to be located in the new facility, will not be moving to the facility because they do not fit into the cost of the facility. Ms. Green explained the chart that was handed out compares the number of vehicles to the number of bays available in the varying localities. She advised that Roanoke County will be servicing 53 vehicles/bay in the new facility, as compared to 28/bay in Roanoke City, 24/bay in the City of Salem, and 41/bay currently in the Roanoke County School system. She advised that this number will go to 27/bay when the schools takes over the current County garage facility. November 13, 2007 1083 Mr. Grant, Project Manager with Spectrum Design, advised that the facility fronts on Hollins Road and Carlos Drive, and there will only be one entrance into the facility which will be off of Hollins Road. He explained that this will be a dual-traffic flow entrance. Mr. Grant pointed out the different sections of the garage facility on the rendering of the building. He also stated that a fenced and secured area with 20 spaces is proposed on the northeast corner of the site for vehicles that have been repaired and storage of vehicles and equipment. He also explained that several existing structures on the property will be sold or demolished. He stated they are also addressing stormwater management on the property. Ms. Green stated that the garage currently has 11 employees, however, they anticipate 13 employees when the facility starts up. Mr. Huber explained that the public entrance to the building is on the left close to the entrance to the site so it can be easily located. He also explained that skylights will be installed in the repair areas to allow for some natural lighting. He stated that there is a common area between the heavy and light duty bays for bulk storage. He pointed out that there is also a mezzanine area that will be used for mechanical equipment and bulk storage. 1084 November 13, 2007 Mr. Huber stated that all entrances to the facility will have covers over them so the doors can be opened in good weather. He explained that the exterior wall will be 12-inch concrete masonry unit. He explained that the only exception will be the office area which is synthetic stucco and glass. He stated that the roof will be minimal slope using a synthetic material that will be white in color. Mr. Grant explained that one existing storage tank will be moved to the site and another one will be purchased and installed for waste oil to be pumped into the domestic water heater and the boiler to provide heating and domestic water to the facility. He advised that this will be the primary heating source with a backup of fuel oil if needed. He stated that with current consumption rates and the amount of waste oil generated by the facility operation, there should be a sufficient quantity of waste oil. He also explained that they will plan for the future installation of natural gas equipment in case it is needed, but the equipment will not be purchased initially. Supervisor Altizer stated that he wanted to make sure that the type of oil used for the majority of the fleet is bought in bulk rather than by the quart. November 13, 2007 1085 2. Work session to discuss Erosion and Sediment Control. (Arnold Covey. Director of Community Development: Elmer Hodae. County Administrator) The work session was held from 5:04 p.m. until 5: 11 p.m. The following County staff members were present: Elmer C. Hodge, County Administrator; Arnold Covey, Director of Community Development; Tarek Moneir, Deputy Director of Development; and Philip Thompson, Deputy Director of Planning. Mr. Hodge stated that the staff would like to give the Board an overview of a process they will be going through in the next two to three months, which should be completed by late January or early February. He explained that the staff has been going through the processes and procedures in Community Development and think there is an opportunity to improve some of the turn-around times with some of the processes and with erosion and sediment control. He stated that they cannot relax any state or federal rules or regulations. However, he stated that he thinks the staff can be a help to the development community and the County staff. He explained they would like to involve the development community and other stakeholders in this process. 1086 November 13, 2007 Mr. Covey stated that we all can agree that the pendulum has gone from one side of the clock to the other and they are trying to balance it out. He stated that the staff is concerned because they get just as many complaints over small lots being filled or graded as they do a massive site plan development for a subdivision. He stated they have to balance those issues and have to decide where to draw the line when it becomes a gray area when someone wants to get an erosion and sediment control plan to grade a piece of land to market the property. He explained that individuals and developers need to understand that when you market a piece of property, it could be quite an impact to that area. He explained that citizens who live in an area where the grading is taking place on a piece of property want to know what is being developed on that piece of land. He stated that the staff tells them there is nothing going on the land right now and it is being graded to make it marketable. He explained that a prime example is Slate Hill where the intent was to market the property. He stated that these are the things that need to be balanced out - from the person who wants to put in a driveway to market a piece of property, to the people who want to make improvements to the land to market the property. He stated that the staff is looking to see how to best work this out with everyone. Supervisor McNamara stated that he appreciates the staff looking into this. He stated he understands that it is a balancing act and agreed the pendulum has shifted away from the middle. He stated that he would encourage having the November 13, 2007 1087 stakeholders, homebuilders and citizens involved in the process. He stated that the ordinance should have some flexibility for common sense, so that if there is something that makes perfect sense, there would be a way to address it. He stated that this would be the key to a good ordinance. Supervisor Altizer stated that he would like to ensure good customer service and whether we are meeting with a homeowner or developer, that staff understands what they are looking for and that the citizen understands what they are being told to do. He stated that he hoped this is looked into so it does not make double work for everyone involved. Mr. Hodge explained that education and communication will be major parts of this process and the staff will keep the Board updated. IN RE: BRIEFINGS O. IIntroduction of Was ThomDson Chairman McNamara introduced Wes Thompson who was appointed at the afternoon session of the Board to serve on the CIP Committee representing the Windsor Hills Magisterial District. 1088 November 13, 2007 .L Presentation of results of operations for fiscal year ended June 30. 2007. (Rebecca Owens. Director of Finance) Ms. Owens advised that fiscal year 2006-2007 was a year of strong financial position achieving many Board initiatives. She stated that actual revenues for the year ended June 30, 2007, were approximately $5.2 million over-budgeted revenues. She advised that of this amount, $672,501 was used during the 2007-2008 budget leaving a balance of approximately $4.5 million. She stated that the positive balance this year can be attributed to several factors: (1) Investment income increased by 87.2% from the previous year - this is a source of revenue which fluctuates with the direction of interest rates and is, therefore, difficult to predict; (2) Revenues from the real estate taxes increased 7.5% as a result of the increase in the assessed valuation; and (3) Revenues from other local taxes increased on average 6% as a result of a positive economic climate; however, the future of the economy is uncertain. She stated that most of these revenues were anticipated during the 2007 -2008 budget preparations, were discussed with the Board, and are included in the current year's budget. She stated that departmental expenditure savings amounted to $944,054. She stated that the Board of Supervisors and the School Board previously adopted a joint funding policy to provide for a funding stream for capital improvements in future years. The policies adopted by the Board allocates year-end funds to the General November 13, 2007 1089 Fund unappropriated balance and the capital reserve. She explained that based upon these policies the year end balances from both the revenues and expenditures will be appropriated as follows: (1) Approximately $2.2 million will be added to the General Fund unappropriated balance bringing that balance total to $16.7 million or 9.50/0 of general fund revenues; (2) Approximately $2.3 million will be added to the major capital reserve; (3) Approximately $454,919 will be allocated to departments for capital purchases; and (4) Approximately $489,135 will be added to the minor capital reserve bringing this balance to approximately $1.7 million. Ms. Owens stated that the year-end results are very favorable for the County. She stated that the County was able to meet their policy goal of increasing the unappropriated balance, as well as adding to the capital reserves. She explained that this will position the County to be able to accomplish some of the much-needed capital projects and priorities of the Board. She stated that since the Board has either approved by policy or Board action the information presented this requires no action by the Board. Supervisor Church asked Ms. Owens to explain what the unappropriated balance does for Roanoke County and why the County is concerned about keeping the fund growing. Ms. Owens stated that the County will have an unappropriated balance of $16.7 million and that is considered a rainy day fund. She explained that this is the amount of money that can be used by the Board in the event the County doesn't meet 1090 November 13, 2007 the revenue projections. She explained that it is important to build a healthy reserve so that if the County doesn't meet their revenue projections they would have this money in reserve. She also explained that this fund is reviewed by bond raters to be sure the County is in a healthy position in the event of unforeseen circumstances. Supervisor Flora stated that fund balance is generally referred to as a percentage of total revenue and asked Ms. Owens about the County's fund balance and what is recommended for local governments. Ms. Owens stated that with the addition of the funds on June 30th, the County will be at 9.5% of general fund revenues, and the ultimate goal is 110i<>. She stated that the County has implemented guidelines from policies of the Government Finance Officers Association, and the County is in a good position of working toward that goal of 110/0. Supervisor Altizer asked Ms. Owens to describe the difference between the major and minor capital accounts. Ms. Owens explained that the major capital account is used for such items as purchase of land and large renovations. She further explained that the minor capital account is mainly set aside and reserved for items smaller in nature such as new equipment for buildings, new roof or smaller renovations that did not meet the definition of major projects, which would be less than $500,000. Supervisor Altizer also noted that this allows the County to pay cash for some projects and not have to borrow the funds. November 13, 2007 1091 Supervisor McNamara stated that he thought the County had been very conservative this year in their revenue projections and while the State is experiencing a shortfall, the County is about 3.5% over budget. He stated that this is almost a trend in the County and traditionally the County under-forecasts revenues. He stated he did not want to confuse the County's unappropriated balance with the rainy day account of the state and that he preferred to call it a bank account. He stated that he thought a fund balance of 1001<> is sufficient. He commended the Finance Department on doing a nice job. IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public hearina and resolution to amend the Roanoke County ComDrehensive Plan to include the Route 220 Corridor Study. (David Holladav. Senior Planner) R-111307-8 Mr. Holladay thanked the Community Development staff for their help in developing this plan. Mr. Holladay advised that the amendment to the Comprehensive Plan was initiated with the proposal for the new water line extension along Route 220 into Franklin County to address transportation and growth issues arising from the construction of the new water line. He stated that the plan is the result of five months of study by Community Development staff, as well as monthly work sessions with the Planning 1092 November 13, 2007 Commission, and the result is a study that inventories existing conditions in the corridor, including land use, zoning, transportation and environmental factors. Mr. Holladay explained that the study proposes three alternatives for amending the future land use maps in the Comprehensive Plan. He further explained that these alternative scenarios take into consideration the background information in the study, as well as the proposed water line, proposed sewer pump station, potential impacts of future 1-73 interchange, and the desire to encourage business and commercial development along the highway frontage, rather than residential development. He stated that along with their resolution of support for the Route 220 Corridor Study, the Planning Commission recommended Future Land Use Scenario 3 as their preferred alternative for amending the Future Land Use Map in the Comprehensive Plan. Mr. Holladay stated that the study also proposes guidelines for future rezoning applications. He advised that most of the frontage property lies in one of the County's agricultural zoning districts, so the conversion of land to commercial use will require amending the zoning district through legislative review by the Planning Commission and Board of Supervisors. He stated that the proposed guidelines would communicate the overall themes for future land use in the corridor, and provide a checklist for rezoning applicants. November 13, 2007 1093 Mr. Holladay advised the Board that their recommendations on the rezoning guidelines made at the joint meeting with the Planning Commission on October 16, 2007, have been incorporated into the Corridor Study, those being under Section 4.2.1 Study Area that residential development is discouraged along the commercial frontage properties, and mixed use development that includes a residential component may be appropriate in other locations along the corridor. He also stated that the requirement that new projects must connect to sanitary sewer service if within 300 feet of existing sewer has also been included in the study. He noted that the language had been softened to read that new projects may need to provide a preliminary grading plan with rezoning applications, instead of reading that they must provide a preliminary grading plan. Supervisor Altizer verified with Mr. Holladay that if this resolution is approved and water and sewer is extended, it will not be mandatory for existing residents to connect to water and sewer. Mr. Holladay answered that this is correct. Supervisor Flora noted that some of the core area, which is designated commercial, goes deep into residential areas in the Crowell Gap and Bandy Road area. Mr. Holladay noted that in the future land use maps and the comprehensive plan this area is designated transition. There were no citizens to speak on this issue. 1094 November 13, 2007 Supervisor McNamara moved to approve the resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray RESOLUTION 111307 -8 APPROVING AND ADOPTING AN AMENDMENT TO THE COMPREHENSWE PLAN FOR ROANOKE COUNTY, VIRGINIA, INCORPORATING THE ROUTE 220 CORRIDOR STUDY WHEREAS, on October 2,2007, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan incorporating the Route 200 Corridor Study, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia, and on October 16, 2007, adopted a resolution recommending that the Board of Supervisors review and adopt a revised Comprehensive Plan for Roanoke County; and WHEREAS, on November 13, 2007, the Board of Supervisors held a public hearing on an amendment to the Comprehensive Plan incorporating the Route 220 Corridor Study, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia; and WHEREAS, Roanoke County, Virginia, has a long and successful history of community planning that has emphasized citizen involvement and participation; and WHEREAS, Section 15.2-2223 of the Code of Virginia requires that the Planning Commission of every jurisdiction shall prepare and recommend a comprehensive plan for the physical development of their jurisdiction; and WHEREAS, Section 15.2-2229 of the Code of Virginia provides for amendments to the comprehensive plan by the Planning Commission if so directed by the Board of Supervisors; and WHEREAS, on April 16, 2007, the Board of Supervisors of Roanoke County directed the Planning Commission and County staff to conduct a Route 220 corridor study to address transportation and growth issues arising from the construction of a 12 mile waterline extension along route 220 into Franklin County to determine if this public utility extension is substantially in accord with the Comprehensive Plan; and November 13, 2007 1095 WHEREAS, the Planning Commission has reviewed and recommended an amendment to the Comprehensive Plan for Roanoke County entitled "Route 220 Corridor Study", and said plan has been prepared in accordance with Sections 15.2- 2223, 2224, and 2229 of the Code of Virginia; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Comprehensive Plan is hereby amended by the adoption of the Route 220 Corridor Study, including future land use scenario #3, dated November 13, 2007, and incorporating this study into the Plan. 2. That this Resolution is effective from and after November 13, 2007. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray IN RE: PUBLIC HEARINGS AND FIRST READING OF ORDINANCE 1: First readina of an ordinance authorizina vacation of an unimDroved riaht-of-wav between Lot 14. Block .L Section 1 and Lot .L Block ~ as identified on the Dlat of Glenvar East Subdivision. Section .L in Plat Book L. Paae 12. located in the Catawba Maaisterial District. (Paul Mahonev. County Attorney) Mr. Mahoney noted that the applicants to this request to vacate the unimproved right-of-way are the property owners on either side of the paper street and, if approved, the property will be divided between the abutting property owners. He stated that there are two utility easements within this paper street, one belonging to Appalachian Power Company and one to the Western Virginia Water Authority, and these easements will be reserved if this vacation is approved. 1096 November 13, 2007 Mr. Mahoney stated that the rear of this property adjoins the property of the Glenvar Middle School and High School campuses. He stated that he had discussed this situation with Mr. Misicko of the School Administration staff. He stated that at the last School Board meeting, he met with the School Board prior to their meeting and the School Board indicated to him that it was requesting that the Board of Supervisors deny this request. He stated that it was unusual to have controversial street vacation issues and that he wanted to relay the position of the School Board to the Board of Supervisors. One of the petitioners, Mrs. DeHart, stated they have lived at this property for over 17-1/2 years and want to build a double car garage. She asked that the Board not make a decision tonight until they have had time to research and view the property. She also stated that there is another emergency access road to the campus that is partially paved. Supervisor McNamara noted that this is a first reading of an ordinance and typically no decision is made at the first reading. There were no citizens to speak on this issue. Supervisor Flora requested that the staff provide a broader view of access to the school's property at the next meeting. November 13, 2007 1097 Mr. Mahoney stated that the DeHarts have offered to convey an easement to the schools for emergency ingress and egress. However, Mr. Mahoney stated that in order to obtain VDOT school access funding and take the access road into the VDOT system, the property must be fee simple ownership and an easement is not sufficient. Supervisor Church moved to approve first reading. Second reading is scheduled for December 4,2007. The motion carried by the following recorded vote: YES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCE ~ Second readina of an ordinance to rezone 1.421 acres from R-3. Medium Density Multi-Familv Residential District. to C-2. General Commercial District with conditions. for the ooeration of an extended stav hotel. located near the intersection of Hershberaer Road and Oakland Boulevard. Hollins Maaisterial District. uoon the oetition of Auslo. Inc. (Philio Thomoson. Deouty Director of Plannina) Chairman McNamara noted that the attorney for the petitioner has requested that action be delayed on this rezoning request and that the public hearing be continued at a later date. He stated that there is a Board policy that the request to delay 1098 November 13, 2007 must be received by Thursday at noon prior to the Board meeting and this request was not received in sufficient time. He stated that the Board will hold the public hearing this evening and keep the public hearing open until the December meeting, assuming the applicant will agree to advertise the public hearing. Mr. Thompson stated that this request is for a rezoning 1.421 acres for an extended stay hotel. He stated that it is proposed to construct a new 4,500 square foot building that will be three stories in height, and access will be from Hershberger Road and Oakland Boulevard. He stated that the Planning Commission held a public hearing on this request on November 5, 2007, and four citizens spoke in opposition, and a petition was presented with over 200 signatures in opposition to this request. He stated that citizens' comments included concerns regarding traffic, safety, security, property values, screening, use of the property, and the impact on Carvins Creek. He stated that the Planning Commission recommended denial of this request. Wil Dibling stated that he was the attorney for the petitioner, Auslo, Inc. He stated that his firm had been retained the previous Friday and that they have not had adequate time to analyze the petition. He stated that they want to carefully review the proffers to determine if there is anything they can do to satisfy some of the concerns that have been raised. He stated that they apologize for any inconvenience to the Board and citizens and respectfully requests an extension to December 18. He also November 13, 2007 1099 stated they would be willing to pay for any additional advertisements of the public hearing. Kim Novak, 184 Houston Avenue, spoke to the Board about concerns of speeding between Oakland Boulevard and Plantation Road. Dan Woolridge, 15 Benbrook Circle, spoke about environmental issues and runoff into Carvins Creek and the volume of traffic. Michael Henninger, 4511 Oakland Boulevard, spoke with regards to the volume of traffic on Oakland Boulevard. Jane McDaniel, 4516 Northridge Street, stated that she would wait to speak at the December 18 meeting. Gordon Peters, 4534 Oakland Boulevard, stated that this site had been a landfill and expressed concerns about the foundation of a building on the property. Chairman McNamara stated that he would leave the public hearing open until the Board meeting on December 18, 2007. 1100 November 13, 2007 Supervisor Flora moved that this item be continued until the December 18, 2007, meeting at 7:00 p.m. and that the petitioner be responsible for advertising the public hearing on December 18. Supervisor Church stated that he will approve the motion to continue the public hearing to December 18; however, he stated that if there is another continuance that this Board consider heavily to deny that. The motion carried by the following recorded vote: YES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He extended his heartfelt sorrow to AI Thomason's family. He stated that Mr. Thomason could be intimidating, but his heart was good, and he cared a lot about Roanoke County and the people who live here. He stated that it is with much sorrow that he passed and that he would miss him. (2) He thanked the citizens of the Glenvar-Northside-Catawba area for the faith the citizens placed in him in the recent election and that it was very much appreciated, and he would do his best to uphold that faith and trust. November 13, 2007 1101 Supervisor Altizer: (1) He extended his condolences to the family of AI Thomason and stated that this is a big loss for Roanoke County. He stated that Mr. Thomason was a very good friend of his as to all the Board members and he will be sadly missed. He stated that Mr. Thomason did a wonderful job on the Planning Commission and gave a lot of direction and teaching to folks who were appointed to that commission. He thanked Mr. Thomason for what he did for Roanoke County and his service to the people of the County. Supervisor Flora: (1) He stated that he concurred with what has been said about AI Thomason and that he had been colorful at times and very solemn at times and that he will be missed. (2) He explained that Roanoke City sets the speed limit on Hershberger Road in the city, and VDOT sets the speed limit in the County. He asked staff to contact VDOT and ask them to study the speed limit on that section of Hershberger Road in the County. (3) He stated that on the issue of the continuance of the public hearing for the rezoning request on Oakland Blvd., he felt all people should be treated fairly. He stated that he felt the petitioner should be given the continuance and everyone should be given an opportunity to speak on the matter; therefore, the public hearing was held tonight and will be continued on December 18. He stated that when the Board makes their decision on December 18, he doesn't want anyone to think they have been denied equal opportunity. He stated that he would not let anyone know in advance how he will vote on this issue. He also stated that these decisions are 1102 November 13, 2007 difficult and get wrapped up in a lot of emotions, and when decisions are made on emotions, bad decisions are made. He stated that the issue is land use and whether or not the C-2 designation is the appropriate zoning for the property. He stated that when decisions are made they need to be made on good, solid planning principles. (3) He sent congratulations to the cheerleaders and coaches of William Byrd High School, Hidden Valley High School, Glenvar High School, and Salem High School who went to the state cheerleading competition. He stated that the Glenvar High School team (of which is granddaughter is a member) was one of the five teams to make it to the second round of competition. Supervisor McNamara: (1) He stated that AI Thomason did a wonderful service for Roanoke County, his family, the Valley, and the state and will be sadly missed. (2) He welcomed Supervisor Church to the Board for another four years. (3) He welcomed Charlotte Moore, supervisor-elect for the Cave Spring Magisterial District, who will be joining the Board after the first of the year and stated he was looking forward to her coming on-board. (4) He welcomed David Wymer and Fuzzy Minnix to the School Board and stated that he looked forward to working with them. He congratulated all who participated in the public races and all who took the time to vote. November 13, 2007 1103 IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 8:05 p.m. Submitted by: Approved by: ~~'~Jo- Clerk to the Board ph P. McNamara airman 1104 November 13, 2007 (This page left intentionally blank)