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HomeMy WebLinkAbout12/18/2007 - Regular December 18, 2007 1133 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 18, 2007 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the third Tuesday and the second regularly scheduled meeting of the month of December, 2007. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Michael A. Wray MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES Chairman McNamara advised that this is the first meeting to be held in the renovated Board meeting room at the Roanoke County Administration Center. He expressed appreciation to those responsible for the renovations, and to those who made it possible for the Board to meet at the former Public Safety Center while the renovations were being made. 1134 December 18, 2007 IN RE: INVOCATION The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Chairman McNamara announced that a reception to recognize Supervisor Wray's service on the Board will be held at 5:00 p.m. on the fourth floor of the Roanoke County Administration Center. He advised that a resolution of appreciation will be presented to Supervisor Wray at the evening meeting. IN RE: NEW BUSINESS .L Reauest for authorization to execute ~ Derformance agreement between Roanoke County. the Roanoke County Economic DeveloDment Authority (EDAl. and Virainia Blue Ridae LLC. (Doua Chittum. Director of Economic DeveloDmentl A-121807 -1 Mr. Chittum advised that a performance agreement has been negotiated between Roanoke County, the Roanoke County Economic Development Authority, and Virginia Blue Ridge. He reported that Granger Macfarlane, one of the principals with Virginia Blue Ridge, was present. Mr. Chittum advised that Virginia Blue Ridge desires to build a new hotel on a 2.8 acre tract of land located off Thirlane Road near the Peters Creek intersection. He advised that this would be a Candlewood Suites Hotel and represents an investment in the site of approximately $8.5 million. He advised that the December 18, 2007 1135 hotel will be a welcome addition to the retail mix in the area and that the site presented challenges to development due to issues with stormwater and access. Mr. Chittum advised that Virginia Blue Ridge has agreed to construct the hotel with all of the necessary improvements to the water and sewer extensions that the Western Virginia Water Authority (yVVWA) requires and upon completion and acceptance of the public improvements by the Virginia Department of Transportation (YDGT) and WWJA, it is proposed that a two-year grant be given to Virginia Blue Ridge in an amount equal to two years of new tax revenue for this facility. He advised that another out parcel will be developed in the future as part of this development and that the agreement is within the guidelines used by the County for public-private partnership agreements. Supervisor Altizer quoted the following sentence in Item C of the performance agreement: "The Company shall take all steps necessary to have the associated stormwater management system and the water and sewer extensions accepted by the Western Virginia Water Authority." Supervisor Altizer advised that he questioned whether or not the County should ask the WWJA to accept stormwater management facilities within developments. Supervisor Altizer stated that the performance agreement does not mention stormwater in Item B which states as follows: "Upon completion of the construction of the Site Development improvements described in paragraph 1, acceptance of the water and sewer utilities by the Western Virginia Water Authority..." Supervisor Altizer advised that he thought there might be an error in 1136 December 18, 2007 Item C in the performance agreement concerning acceptance by the WVWA of the stormwater management system. Mr. Mahoney advised that the WVWA has not been granted or given that power by the creating jurisdictions; therefore the stormwater management system should be subject to the review, approval, and if necessary, acceptance by the County, and the water and sewer utilities should be subject to inspection and acceptance by the WVWA. Supervisor Altizer asked Mr. Mahoney if a motion to approve the agreement should contain a change in Item C. Mr. Mahoney replied in the affirmative. There was no further discussion. Supervisor Flora moved to approve the staff recommendation (authorizing the execution of a performance agreement between Roanoke County, the Roanoke County Economic Development Authority, and Virginia Blue Ridge, LLC.) subject to changes in Item 1.C of the performance agreement as suggested by Supervisor Altizer. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 2. Resolution adoDtina ! leaislative Droaram for the 2008 session of the Virainia General Assembly. (Paul Mahoney. County Attorney) R-121807-2 Mr. Mahoney advised that he submitted a draft legislative program to the Board at their meeting on December 4, 2007, and since the Board indicated that it wanted an opportunity to review the program, the item was placed on today's agenda. December 18, 2007 1137 Mr. Mahoney advised that since the December 4th meeting, there have been two changes to the legislative program. He advised that the first change was a request from Supervisor Church to add an item that addressed payday lending. He advised that many local governments in the Commonwealth have adopted resolutions asking the General Assembly to address the payday lending problem. He explained that in 2002, the General Assembly amended legislation that dealt with the interest rates that banks could charge on certain kinds of loans and carved out a special legislation for the payday lenders which removed the cap on interest rates and created extreme instances where those interest rates could balloon up to 386 percent for some small loans. He advised that the proposed request to the General Assembly is to reinstate the cap on the interest rate to be similar to the rates that banks and other lenders can charge for short term loans of not more than 36 percent. Mr. Mahoney advised that the second addition was brought to his attention by Pete Haislip, Director of Parks, Recreation and Tourism, who reported that many of the local governments in the state have been asked to support the designation of a driving route to be called the Wilderness Road. Mr. Mahoney advised that the route would run from Winchester to Cumberland Gap with spurs to the Fincastle/Cumberland Turnpike and Carolina Road. He advised that the intent is to encourage both the historic, heritage, and cultural aspects of the Wilderness Road to promote tourism. 1138 December 18, 2007 Mr. Mahoney advised that the draft resolution is similar to the one which was submitted on December 4th, and includes the addition of Item 10, payday lending issue, and No. 11, support for the designation of the Wilderness Road. Supervisor Flora advised that under the Comprehensive Services Act, he learned that the Governor's budget intends to request an increase in the local share for residential placements of children from 29 percent to 49 percent. He advised that he does not know how many children in the County are provided with residential placement; however, this 65 percent increase could have a huge impact on costs for all governments. Supervisor Wray inquired if any legislation is anticipated concerning the annexation moratorium during the 2008 General Assembly. Mr. Mahoney advised that in the past, legislation has been introduced on a fairly routine schedule to extend the moratorium date and routinely passed by the General Assembly and signed into law by the Governor. He reported that during the 2007 session, Governor Kaine vetoed the requested legislation. He advised that from his discussions with Mr. Campbell, Executive Director, Virginia Association of Counties, it is anticipated that similar legislation will be introduced during the 2008 General Assembly; however, to date, no legislation has been pre-filed to extend the date of the annexation moratorium. Supervisor Wray advised that this legislation should be continually monitored as it is a very serious subject for the County, and if it becomes more than a monitoring situation, further action should be taken. December 18, 2007 1139 Supervisor Church expressed appreciation to Mr. Mahoney for the addition of the payday lending to the legislative program. He advised that there are 18 or 21 localities who are interested in that particular item. He stated that Roanoke County continues to be aggressive in addressing its needs as well as those of surrounding localities when they adopt their legislative program. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 121807-2 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2008 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2008 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2008 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2008 session of the Virginia General Assembly for its favorable consideration and adoption. 1. $1.7 million operating funds for the training of correctional officers in anticipation of the opening of the new regional jail in conjunction with Franklin and Montgomery Counties and the City of Salem 2. Funding for mental health services under the Comprehensive Services Act (SB 1332 in the 2007 session). This legislation substantially expands the pool of children eligible for funding for mental health services. By expanding this pool of potential eligible children the budget dollars will be insufficient to satisfy the demand for services. The State pays only a percentage of the cost of mandated services. State funds will be insufficient and localities will be required to shoulder a significantly greater share of these costs. Senate Bill 1332 will become effective only if it reenacted by the 1140 December 18, 2007 2008 Session. The General Assembly must provide local governments with the funding necessary to adequately meet the requirements of this expanded program. 3. Funding for pre-kindergarten education. This program will have significant operational and capital fiscal impacts on Roanoke County. The General Assembly must provide local governments with the resources necessary to adequately meet the requirements of this new program 4. Homestead Exemption Constitutional amendment (SJ 354) will have an adverse impact upon local governments and education. The Board requests that the General Assembly reject this proposal. 5. The General Assembly should fully fund its unfunded liabilities in the Virginia Retirement System and restore VRS to an actuarially sound status. 6. Support for funding of a joint venture of Carilion and Virginia Tech for a medical school and research institute at the Riverside Corporate Center in the City of Roanoke. Roanoke County, Roanoke City and the Alleghany Regional Planning District Commission have recommended that the General Assembly provide financial support for the construction and operation of this new medical school and research institute in Roanoke. 7. Annexation Moratorium. The Board requests the General Assembly extend the annexation moratorium. 8. Transportation Funding. The Board requests the General Assembly provide funding for the widening of 1-81, construction of 1-73, and improvements to U.S. Routes 11/460, 220, and 221 9. Blue Ridge Parkway 75th Anniversary Celebration Funding. The Board requests the General Assembly to provide $100,000 funding per year for three years for the Blue Ridge Parkway 75th Anniversary Celebration in 2010. 10. Payday Lending. The Board requests the General Assembly to repeal the Payday Loan Act and cap interest rates on such loans to no more than 36 percent. 11. Wilderness Road: Virginia's Heritage Migration Route. The Board supports the designation of the Wilderness Road: Virginia Heritage Migration Route to include directional signs along the corridor to direct tourists along the driving trail and to the Roanoke Valley Visitor Information Center, and it supports the development of a national and international tourism product to increase visitation to western and southwestern Virginia. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor Timothy Kaine, Senator John S. Edwards, Senator Ralph Smith, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. December 18, 2007 1141 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 3. Reauest for authorization to execute ! Memorandum of Understandina between the Roanoke County Board of Supervisors and the Roanoke County School Board for the community use of Boole Field. (Pete Haislip. Director of Parks. Recreation and Tourism) A-121807 -3 Mr. Haislip advised that this item is a request for the County Administrator to execute a Memorandum of Understanding between the Board and the Roanoke County School Board for the use of Bogle Field. He advised that in 2007, the School Board installed artificial turf on Bogle Field at a cost of approximately $825,000 to support the increase in play resulting from the sharing of this facility by two high schools. He stated that the installation of artificial turf also allows new uses by community sports programs and to ensure that the facility is used and maintained in the appropriate manner and to provide for the long term replacement of the artificial turf, the School Board and County staff developed the Memorandum of Understanding. Mr. Haislip advised that having these guidelines written is important and stated that the Memorandum of Understanding defines specific times and seasons that the facility will be available, establishes time lines for the exchange of information and schedules between organizations, and provides for replacement of the artificial turf. 1142 December 18, 2007 Mr. Haislip advised that the agreement requires that the Board appropriate $25,000 per year to a restricted account for the sole purpose of turf replacement. He advised that the life of the turf is expected to be approximately twelve to fifteen years although there is no history concerning replacement. He stated that the replacement is anticipated to cost approximately $550,000 and that the agreement can be reviewed on a yearly basis. He advised that the County has agreed to pay the costs of lights and a supervisory position when the facilities are used by County programs. Mr. Haislip advised that staff recommends approval of the agreement. Supervisor Wray advised that he was glad that the schools and staff worked well together to bring about an acceptable agreement. He inquired if the replacement account stays with the County until such time as it is needed. Mr. Haislip advised that the account which will be restricted to turf replacement will be held by the schools. Supervisor Wray advised that when investments are made by the County and schools in an asset, he felt that the asset should be utilized by the entire community, and it should be used as a multi-use facility and not for only one sport. He advised that the artificial turf should be utilized, and that he would make a motion to approve the agreement at the appropriate time. Mr. Haislip advised that the goal is to make the facility available for all sports programs Countywide as it is felt that everyone should have an opportunity to play on the artificial turf. He advised that the community is excited about the opportunities. December 18, 2007 1143 Supervisor Church inquired why $24,000 was established as the amount that the County will appropriate each year for the turf replacement. Mr. Haislip advised that they felt this amount would be sufficient when considering that the amount necessary to replace the turf is approximately $550,000, and the County and schools will appropriate funds for approximately ten to twelve years. Supervisor Church advised' that if the replacement costs were $550,000, the County would be funding approximately $250,000. He recommended that the Memorandum of Understanding contain the details of scheduling for County use and questioned how extensive a schedule the County would have when they are providing 50 percent of the turf replacement costs. Mr. Haislip advised that the County and schools agreed that during the first few years, there will need to be give and take as schedules are determined; however, he feels that the County will receive value for its contributions. He further stated that there is a provision in the agreement that it can be reviewed yearly to determine if it should be amended or changed. He advised that he feels good about the partnership with the schools and that the County will get good use of the field. Supervisor Church advised that the reason for his inquiries was because the agreement provides that if the schools have cancellations, their schedules take precedence over any programs of the County, and he wanted to be sure that everyone understands the agreement. 1144 December 18, 2007 Supervisor Altizer inquired as to what percentage of time the County would utilize lights for night time hours. Mr. Haislip advised that they are projecting 250 hours at $25 per hour or both football and soccer from August through November. Supervisor Altizer advised that the reason for the question is that the County has only budgeted $1,000 for lights which only covers 40 hours, and the County is paying 50 percent of the capital replacement. Mr. Haislip advised that the agreement states that in the fall the County can use the facility half-day Saturday, all day Sunday, Monday night, and during the week. He advised that they plan to utilize the field in August and September to avoid using the lights, and they will choose to schedule other fields to avoid paying for the lights or the services of a supervisor. Supervisor Altizer advised that the $25 per hour and $1,000 in the budget informs him that the County is not planning on using the field at night. He advised that the County will not get the use at night that he perceives they should be getting or staff has not budgeted enough for the cost for the lights. Mr. Haislip advised that the cost is based on two to three nights per week for soccer and football and on Saturdays and Sundays they will not have to pay for lights. Supervisor Altizer advised that if you use lights for two hours per night at a cost of $50, this give you 20 days through the entire year to use lights, and he is questioning if this the appropriate. Mr. Haislip advised that they have not completed a fall schedule for this facility and schedules have not been completed for other potential groups which will use the facility. He advised that staff will work through the fall to make a determination of December 18, 2007 1145 the costs; however, $1,000 was budgeted based on information from the schools. He advised that it will take a year to work with the schools to see what the true schedule is for the fall and spring because the schools have not had the facility long enough to get their schedules in place yet. He advised that the agreement allows the County to make amendments to the agreement at the end of the year. Supervisor Altizer advised that whether or not there is a request to amend the agreement, he wants the Board to be informed after one year of the amount of hours made available to the County for the field. He would like to have this information before the Board makes an appropriation next year for the turf replacement. Supervisor McNamara advised that he thought it was a good agreement and when there is an investment such as this field, it makes good sense to use it. He advised that while there is a cost for lights, there would be a cost for lights at other fields also. He advised that he believes that splitting the turf replacement funds is reasonable and that the schools should have priority because it is a school facility. He advised that the parks and recreation department can utilize .it when the schools cannot. He advised that he is not too concerned about the $25,000 appropriation per year because the schools paid the costs of the artificial turf upfront, and the County will have use of two full life-spans of turf while paying 25 percent. He expressed appreciation to the staff and schools for working through this agreement, and stated that he would defer to Supervisor Wray for purpose of a motion. 1146 December 18, 2007 Supervisor Church advised that he agreed with Supervisor Altizer that the Board should review the usage of the field by the County after one year. Supervisor Wray moved to approve the staff recommendation (authorize the County Administrator to approve the Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board for the community use of Bogle stadium in substantially the form presented at the meeting). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 4. Reauest to accept! arant in the amount of $57.000 from the Virainia Department of Conservation and Recreation for the Walrond Park Trails Proiect. (Pete Haislip. Director of Parks. Recreation. and Tourism: Lon Williams. Park Planner) A-121807 -4 Mr. Williams advised that approximately a year ago, staff requested that the Board approve a grant application for this project. He advised that since that time, the grant had been approved in the amount of $57,000. He advised that the grant together with in-kind work by the County will assist in the construction of a new walking, hiking and biking trail system at Walrond Park in the Hollins Magisterial District and provide opportunities for an environmental interpretation educational program. Mr. Williams requested that the Board approve accepting the grant. December 18, 2007 1147 Supervisor Flora advised that there are unopened streets which access the park from the North Burlington Heights neighborhood, and he has received a number of calls from residents in that area hoping that those unopened streets will become part of the trail system so they will have access into the park. He inquired if Mr. Williams knew if this was planned. Mr. Williams advised that having these unopened streets become part of the trail system is not specifically planned as part of this project; however, there are plans to tie the smaller trail system into a larger trail system in the park and to make those connections where the opportunity exists. Supervisor Flora advised that this would be a huge benefit for the neighbors if they could walk to the park as opposed to using automobiles and utilizing the limited parking places. Supervisor Flora moved to approve the staff recommendation (accept and appropriate the Virginia Recreational and Trails Fund grant of $57,000 to the Roanoke County Parks, Recreation and Tourism department.). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 1148 December 18, 2007 IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor McNamara moved to approve the first readings and set the second readings and public hearings for January 22, 2008. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None .L First readina of an ordinance to obtain! Special Use Permit in an R-1. Low Density Residential District. to construct an accessory apartment on 4.36 acres located at 6678 Wellinaton Road. Windsor Hills Maaisterial District. upon the petition of Matthew A. Lester 2. First readina of an ordinance to rezone 0.92 acre from AG-1. Aaricultural/Rural Low Density District. to AV. AariculturalNillaae Center District. to construct! Fine Arts Studio business located at 2222 Wildwood Road. Catawba Maaisterial District. upon the petition of James Privitera 3. First readina of an ordinance to rezone 0.943 acre from R-2. Medium Density Residential District. to C-2. General Commercial District. and to obtain! Special Use Permit for! drive-in and fast food restaurant located at 7515 Friendship Lane. Hollins December 18, 2007 1149 IN RE: Maaisterial District. upon the petition of Grant Avenue Development SECOND READING OF ORDINANCES 1. Second readina of an ordinance reauestina the Economic Development Authority of the County of Roanoke to issue lease revenue bonds to finance various public facility proiects and authorizina the lease and financina lease of certain real estate. (Diane Hvatt. Chief Financial Officer) 0-121807-5 Ms. Hyatt advised that this is the second reading of an ordinance which will approve the lease revenue bonds for the capital projects that the County is currently considering. She advised that these projects are the 800MHz radio system upgrade, multigenerational recreation facility, North County fire station, County garage, and South County Library. She advised that this ordinance had a first reading on December 4, 2007, and after the reading of the ordinance today, the Economic Development Authority will be considering a similar resolution at their meeting tomorrow morning. She advised that staff is proceeding to get everything ready for financing in January; however, they may wait until February depending upon how the market looks at the time. She advised that staff wants to be ready to react whenever the more valuable opportunity for financing occurs. There was no discussion. 1150 December 18, 2007 Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 121807-5 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA REQUESTING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF ROANOKE, VIRGINIA TO ISSUE LEASE REVENUE BONDS TO FINANCE VARIOUS PUBLIC FACILITY PROJECTS, AND AUTHORIZING THE LEASE AND FINANCING LEASE OF CERTAIN REAL ESTATE WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and advisable to undertake the acquisition, construction, furnishing and equipping of various capital projects, including a library, a recreation center, a fire-station, a fleet maintenance facility and radio equipment (the "Financed Projects") for the County, and to obtain financing for the Financed Projects through lease revenue bonds (the "Bonds") to be issued by the Economic Development Authority of the County of Roanoke, Virginia (the "Authority"). WHEREAS, the County will initially lease the library, fire-station, fleet maintenance facility and radio equipment (the "Original Leased Projects") to the Authority pursuant to a lease (the "Lease") and will lease the Original Leased Projects back from the Authority pursuant to a financing lease between the Authority and the County (the "Financing Lease"). WHEREAS, the County has an option to purchase certain real estate for purposes of constructing the recreation center (the "Recreation Center Property"), pursuant to an Option to Purchase Agreement dated September 26, 2007, between the County and English Construction Company, Inc. WHEREAS, upon the acquisition of the Recreation Center Property, the County will lease the Recreation Center Property to the Authority pursuant to an amendment to the Lease and will lease the Recreation Center Property back from the Authority pursuant to an amendment to the Financing Lease (the "Recreation Center Property," together with the Original Leased Projects, the "Leased Projects"). WHEREAS, the Bonds will be payable solely from the revenues derived from the Financing Lease pursuant to which the County will agree to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the Bonds. December 18, 2007 1151 WHEREAS, the Bonds will be issued pursuant to the following documents: (i) an Indenture of Trust between the Authority and a trustee to be selected by the County Administrator or the Chief Financial Officer (the "Trustee"), with the form of the Bonds attached thereto; (ii) the Lease; (iii) the Financing Lease; (iv) a Leasehold Deed of Trust from the Authority to the individual trustees named therein; (v) an Assignment of Rents and Leases between the Authority and the Trustee; (vi) a Preliminary Official Statement (the "Preliminary Official Statement") and an Official Statement (the "Official Statement") with respect to the issuance and sale of the Bonds; and (vii) a Bond Purchase Agreement (the "Bond Purchase Agreement") among the County, the Authority and a group of underwriters lead by Davenport & Company LLC. (the "Underwriters"). All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Ordinance as the "Basic Documents." WHEREAS, pursuant to Section 18.04 of the Charter of Roanoke County a first reading of this ordinance was held on December 4, 2007 and a second reading on this matter was held on December 18, 2007. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum aggregate principal amount of $67,500,000 for purposes of financing the Financed Projects, to be paid from revenues derived from payments made by the County pursuant to the Financing Lease. 2. Authorization of Basic Documents. The Bonds and the Basic Documents are approved in substantially the forms on file with the County Administrator, with such changes, insertions or omissions (including, without limitation, changes of the dates thereof) as may be approved by the Chairman of the Board or the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. The execution and delivery of and performance by the County under the Bonds and the Basic Documents to which the County is a party are authorized. 3. Amendments to Basic Documents. The Chairman of the Board and the County Administrator, either of whom may act, are hereby authorized and directed to execute and deliver on behalf of the County any amendments to the Lease, Financing Lease, Deed of Trust and any other Basic Documents for purposes of subjecting the Recreation Center Property to the Lease, Financing Lease and Deed of Trust. 4. Authorization of Leases. The Board authorizes the Lease and Financing Lease of certain real estate identified as the Original Leased Projects and the Recreation Center Property with the Authority as provided in Section 18.04 of the Charter of Roanoke County. 5. Execution of Documents. The Chairman and the Vice Chairman of the Board and the County Administrator, or any of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if 1152 December 18, 2007 required, the County Administrator and the Clerk of the Board are authorized and directed to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. The Chairman and the Vice Chairman of the Board, the County Administrator and the Chief Financial Officer or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Ordinance or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 6. Sale of Bonds. The County Administrator and the Chairman of the Board, or either of them, are authorized and directed to consent to the terms of the sale of the Bonds by the Authority to the Underwriters and to execute and deliver the Bond Purchase Agreement, provided that (i) the true interest cost of the Bonds shall not exceed 6.00/0 (taking into account any original issue discount or premium), (ii) the aggregate principal amount of the Bonds shall not exceed the amount set forth in paragraph 1, (iii) the sale price of the Bonds to the Underwriters shall not be less than 990/0 of the aggregate principal amount thereof (not taking into account any original issue discount) and (iv) the final maturity of the Bonds shall not be later than 31 years from their date. The approval of such officer shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 7. Disclosure Documents. The Preliminary Official Statement is approved in substantially the form on file with the Board, with such changes, insertions or omissions as approved by the County Administrator or the Chief Financial Officer. The County Administrator or the Chief Financial Officer, or either of them, is authorized and directed to prepare and deliver the Official Statement. The use and distribution of the Preliminary Official Statement and Official Statement by the Underwriters is authorized and approved. The County Administrator and the Chief Financial Officer are authorized to execute the Official Statement, if required. The Preliminary Official Statement and Official Statement shall be published in such publications and distributed in such manner, including by electronic distribution, and at such times as the County Administrator, or such officers and agents of the County as he may designate, shall determine. The County Administrator, or such other officer or agent of the County as he may designate, is authorized and directed to deem the Preliminary Official Statement and the Official Statement "final" for purposes of Securities Exchange Commission Rule 15c2-12. 8. Nature of Obliaations. Nothing in this Ordinance, the Bonds or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease. The Financed Projects are hereby declared to be essential to the efficient operation of the County, and the Board anticipates that the Financed Projects will continue to be essential to the ~, December 18, 2007 1153 operation of the County during the term of the Financing Lease. The Board, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments under the Financing Lease and hereby recommends that future Boards do likewise during the term of the Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this Ordinance shall be subject to and dependent upon annual appropriations being made from time to time by the Board for such purpose. Nothing in this Ordinance, the Bonds or the Financing Lease shall constitute a pledge of the full faith and credit of the County. 9. Official Intent. The Board adopts this Ordinance as a declaration of official intent for purposes of Treasury Regulations Section 1.150-2. 10. Effective Date. This Ordinance shall take effect immediately. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 2. CONTINUED FROM DECEMBER ~ 2007. AT THE REQUEST OF THE BOARD. Second readina of an ordinance authorizina vacation of .!n unimDroved riaht-of-way between Lot 14. Block ~ Section 1 and Lot ~ Block ~ as identified on the Dlat of Glenvar East Subdivision. Section ~ in Plat Book L Paae 12. located in the Catawba Maaisterial District. (Paul Mahoney. County Attorney) 0-121807-6 Mr. Mahoney advised that the Board held a public hearing on this matter at the December 4, 2007, meeting and decided to postpone any action until the December 18, 2007, meeting. He advised that Supervisor Church requested that the 1154 December 18, 2007 Board members visit the property. He advised that Ms. Dehart, a petitioner for the vacation, and Arnold Covey, Director of Community Development, were present. He stated that he had requested that Dr. Misicko, Director of Operations for the Schools, attend; however, Dr. Misicko was not present. Mr. Mahoney advised that the Board members asked a series of questions with respect to this item and had inquired if there were any alternatives between vacating the right of way as requested by Ms. Dehart or refusing to vacate the right of way as recommended by the School Board. He advised that Mr. Hodge had asked Chief Burch, Fire and Rescue Department, to look at the property with the Chief of the Fort Lewis Fire Station to determine the emergency access for the Glenvar High School campus. He advised that he had not had the opportunity to discuss the subject with Chief Burch; however, he understands that Chief Burch and the Captain of the Fort Lewis Fire Station had indicated that they would use the other access point which is closer to the ball fields for emergency access. Mr. Mahoney advised that he also asked Mr. Covey for his assistance in this matter. Mr. Covey advised that in the future if the schools wanted to extend the driveway or make a connection there, it would not be a state maintained road but a private access that the schools would be responsible to maintain. He advised that according to the zoning ordinance, 25 feet would be wide enough to provide the right of way necessary for the schools. He advised that he thought the solution to the problem might be to vacate half of the right of way which would give Ms. Dehart an additional 25 December 18, 2007 1155 feet and convey the other 25 feet right of way to the School Board to remove the remaining right of way as a corner lot which has created the problem on the setback requirements. Mr. Covey advised that the schools would own the 25 foot right of way and whenever they or the other property owner near the corner wanted to improve the property, the 30 foot set back requirement would decrease to 10 foot or if the improvement was for the back yard, the set back requirement would be 3 feet. He advised that he recommended vacating half of the right of way and conveying the remaining right of way at a later time to the School Board. Supervisor Church extended appreciation to Ms. Dehart for the manner in which she has addressed the Board on this request. He advised that Ms. Dehart took care of the property for seventeen years, and that Mr. Covey had suggested a possible substitute solution. He inquired if Mr. Covey's suggestions would allow Ms. Dehart to do what is necessary. He advised that he would like to approve this item since he has reviewed the property and does not have any reservations about the vacation. Ms. Dehart advised that 25 feet would allow her to add the garage that she needs; however, she does not know how her neighbor would feel because he signed the request for vacation. She stated that her neighbor is interested in adding a garage to his property which is on the hill above the property that the County owns. She advised that she does not have a problem with the suggested solution and just wants to build her garage. Supervisor Church advised that he has talked to Mr. Hodge and Chief 1156 December 18, 2007 Burch; the other Board members have visited the site; and he is ready to move approval of the vacation of the right of way. He advised that he does not see that the problem as stated by the schools makes a major difference, and advised that at the proper time, he would move approval of the item. Supervisor Flora inquired about the difference in elevation between the street and the school's property. Mr. Covey advised that it was approximately 15 feet or 20 feet but could be more. Ms. Dehart advised that it is more than 20 feet and advised that her neighbor's driveway is part of the lot because if he had to go closer to his home it would be too much of an incline for his driveway. Supervisor Flora advised that since it is not feasible to put an access into the school because it would be too steep and the schools would have to get construction easements from the adjoining property owners, he would agree with Supervisor Church's comments. He advised that if it is not feasible to put the roadway in, the schools have a second entrance, and the schools have no representative present to oppose it, he thought the Board should vacate the entire right of way. He advised that if the schools have a second entrance up the road with better topography and it is already paved, he does not know why the Board would not vacate the entire right of way to make it fair and not create a neighborhood adversarial situation by vacating one portion of the right of way and retaining the other half. He advised that if the Board is going to vacate it, they should vacate the entire right of way. Supervisor Altizer advised that at the first public hearing, the documents showed that the other party was not interested in the vacation; however, when he asked December 18, 2007 1157 the question at that meeting, Ms. Dehart indicated that the neighbor had developed an interest in doing something with his property. He advised that he agreed with Supervisors Church and Flora that vacation of the entire right of way would be the best thing as opposed to vacating half of the right of way and having the neighbor come back at a later time. Supervisor Wray advised that having emergency exits was important and inquired if the schools had a plan in place for the future regarding emergency exits or had they approached the County for assistance. Mr. Covey advised that he was not aware of any plan and that Mr. Mahoney had contacted the schools about this right of way being closed. Supervisor Flora advised that the School Board adopted a plan approximately five or six years ago which stated that a second access would be acquired when a school was renovated. He advised that accesses have been acquired at all of the schools that have been renovated since the plan was adopted. He advised that the Glenvar school was renovated before the School Board's plan was adopted and that is why they do not have a second access. He advised that the School Board did not approach the County for assistance because they had an adopted plan to address the issue. Supervisor Church expressed appreciation to the Board members for their support of this item. 1158 December 18, 2007 Supervisor Church moved approval ot Item H.2 (to adopt the ordinance). The motion carried by the tollowing recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 121807 -6 AUTHORIZING VACATION OF AN UNIMPROVED RIGHT-OF-WAY BETWEEN LOT 14, BLOCK 1, AND LOT 1, BLOCK 2, AS IDENTIFIED ON THE PLAT OF GLENVER EAST SUBDIVISION, SECTION 1, IN PLAT BOOK 7, PAGE 12, LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Glenvar East Subdivision, Section 1, plat recorded in the Clerk's Office ot the Circuit Court ot Roanoke County, Virginia, in Plat Book 7, page 12, ("the Glenvar East Subdivision Plat") established an unimproved right ot way, 50' in width and approximately 110' in length, between Lot 14, Block 1 (Tax Map No. 54.02-3-15) and Lot 1, Block 2 (Tax Map No. 54.02-3-16), which now connects lngal Blvd. (Route 1119) with County School Board property known as Glenvar Middle School (Tax Map No. 54.02-4-3); and WHEREAS, the right-ot-way area designated and set aside tor public use on the above mentioned plat has never been improved or accepted into the Virginia State Secondary Road System; and WHEREAS, the above described unimproved right-ot-way is more clearly shown as "RIGHT-OF-WAY TO BE VACATED" on "Plat Showing Unimproved 50' Right-ot-Way to be Vacated and Retaining a 20' Waterline Easement and 12' AEP Easement - By Board ot Supervisors ot Roanoke County, Virginia", dated 11-13-2007, prepared by Roanoke County Department ot Community Development and attached hereto as Exhibit "A"; and WHEREAS, no other property owner will be affected by the vacation ot this undeveloped right-ot-way and that its current existence imposes an impediment to the adjoining property owners making improvements to their properties adjoining this previously dedicated but unimproved street; and WHEREAS, the adjoining property owners and residents ot Roanoke County, as the Petitioners, have requested that, pursuant to 9 15.2-2272 ot the Code ot Virginia (1950, as amended), the Board ot Supervisors ot Roanoke County, Virginia, vacate this unimproved right-ot-way on the plat ot the Glenvar East Subdivision, Section 1, Plat Book 7, Page 12, as 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 December 18, 2007 1159 WHEREAS, notice has been given as required by 9 1S.2-2204 of the Code of Virginia (19S0, 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 and public hearing of this ordinance was held on November 13, 2007, and a second reading of this ordinance was held on December 4, 2007, and continued to December 18,.2007. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (an unimproved right of way SO' wide and approximately 110' in length) 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 unimproved right-of-way is designated and shown as "RIGHT- OF-WAY TO BE VACATED" on Exhibit "A" attached hereto, said right-of-way being located on the west side of Ingal Blvd. (Route 1119,) between Lot 14, Block 1 and Lot 1, Block 2 and having been dedicated on the subdivision plat of Glenvar East Subdivision, Section 1, and recorded in the aforesaid Clerk's Office in Plat Book 7, page 12 in the Catawba Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to 9 1S.2-2272 of the Code of Virginia, 19S0, as amended. 4. That an existing 12' AEP public utility easement as shown on the above mentioned plat shall remain in full force and effect; and S. That a 20' wide waterline easement centered on the existing waterline as shown on the above mentioned plat be, and hereby is, retained for the Western Virginia Water Authority; and 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. S. 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 Court of Roanoke County, Virginia, in accordance with 9 1S.2-2272 of the Code of Virginia (19S0, as amended). On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 1160 December 18, 2007 IN RE: APPOINTMENTS .L Southwest Development Financina. Inc. The two-year term of Wendi Schultz, Tourism and Event Coordinator for the Parks, Recreation and Tourism Department, will expire on January 12, 2008. In response to Chairman McNamara's inquiry, Mr. Hodge advised that Ms. Schultz was eligible to be reappointed. It was the consensus of the Board to place confirmation of her appointment on the consent agenda. IN RE: CONSENT AGENDA R-121807-7; R-121807-7.a; R-121807-7.b; R-121807-7.c Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 121807-7 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 December 18, 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 5 inclusive, as follows: 1. Approval of minutes for November 13, 2007, and December 4, 2007 2. Acceptance of Coronado Street and the remaining portion of Fieldgate Road into the Virginia Department of Transportation Secondary System 3. Acceptance of Miller's Landing Circle into the Virginia Department of Transportation Secondary System December 18, 2007 1161 4. Acceptance of Charlestown Square and a portion of Elizabeth Drive into the Virginia Department of Transportation Secondary System 5. Confirmation of committee appointment 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 Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 121807-7.a REQUESTING ACCEPTANCE OF CORONADO STREET AND THE REMAINING PORTION OF FIELDGATE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition 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 ot Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department ot Transportation have entered into an agreement on March 9, 1999 tor 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 933.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding tees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-ot-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 Altizer Seconded by: None Reauired Yeas: Supervisors Wrav. Church. Altizer. Flora. McNamara Nays: None T 1162 December 18, 2007 RESOLUTION 121807-7.b REQUESTING ACCEPTANCE OF MILLER'S LANDING CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition 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 933.1-229, 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. 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 Altizer Seconded by: None Reauired Yeas: Supervisors Wrav. Church. Altizer. Flora. McNamara Nays: None RESOLUTION 121807-7.c REQUESTING ACCEPTANCE OF CHARLESTOWN SQUARE AND A PORTION OF ELIZABETH DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition 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 December 18, 2007 1163 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 933.1-229, 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. 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 Altizer Seconded by: None Reauired Yeas: Supervisors Wrav. Church. Altizer. Flora. McNamara Nays: None 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, McNamara NAYS: None .1: General Fund Unaoorooriated Balance 2. Caoital Reserves 3. Reserve for Board Continaency 4. Accounts Paid = November 2007 5. Statement of exoenditures and estimated and actual revenues for the month ended November 31.2007 1164 December 18, 2007 IN RE: 6. Statement of the Treasurer's accountability Der investment and Dortfolio Dolicv as of November 31. 2007 CLOSED MEETING At 3:53 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (3) discussion of the acquisition of real estate for public purposes, namely, economic development. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4: 10 p.m. until 4:45 p.m. CERTIFICATION RESOLUTION IN RE: R-121807-8 At 7:00 p.m., Supervisor McNamara 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, McNamara NAYS: None December 18, 2007 1165 RESOLUTION 121807-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: RECOGNITION Chairman McNamara recognized Ryan Baldwin, Scout Troop 410, Peters Creek Church of the Brethren, Catawba District, who was present to work on citizenship requirements. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .L Resolution of aDDreciation to Michael A. Wrav for his service as ! member of the Board of SUDervisors from 2004 throuah 2007 R-121807-9 1166 December 18, 2007 Chairman McNamara presented the resolution to Supervisor Wray and the Roanoke County throw to his wife, Marsha. Also present were Supervisor Wray's children, Corey and Kristin Wray. Each of the Supervisors and Mr. Hodge expressed their appreciation to Supervisor Wray for his service on the Board and wished him well in the future. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABST AI N: Supervisor Wray RESOLUTION 121807-9 OF APPRECIATION TO MICHAEL A. WRA Y FOR HIS SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 2004 THROUGH 2007 WHEREAS, Michael A. Wray was first elected to the Board of Supervisors of Roanoke County to represent the Cave Spring Magisterial District in November 2003, and served from January 1,2004, until his retirement on December 31,2007; and WHEREAS, Supervisor Wray exhibited leadership by serving as Vice-Chairman during 2005; and as Chairman in 2006; and WHEREAS, Supervisor Wray has demonstrated a generosity of spirit in his service to the citizens of Roanoke County and worked diligently in his role as a supervisor to provide assistance to those in his district; and WHEREAS, during Supervisor Wray's tenure on the Board, Roanoke County embarked on the following projects and initiatives: > The approval or completion of numerous major County capital improvement projects including: the new public safety center, South County library, North County fire station, fleet maintenance facility, 800 MHz radio upgrade, and the multigenerational recreation center. > School capital projects including: the renovation of Northside High School, the upgrade of the technology infrastructure and telephone system, and the installation of security systems in all County schools. December 18, 2007 1167 > The approval or completion of the following regional projects: the formation of the Western Virginia Water Authority, the Western Virginia Regional Jail, the Route 220 water line extension into Franklin County, and continued inter- jurisdictional cooperation on parks and recreation programs, library services, and public safety. > The institution of environmental initiatives which earned the County an Environmental Excellence Award from the Virginia Department of Environmental Quality including: a recycling program with drop off locations at Hollins University and in the Cave Spring District, participation in the Ozone Early Action Plan Compact, and joining Local Governments for Sustainability (ICLEI), an international association committed to improving the global environment through local action. > The development of financial policies and practices to build capital reserves and fund County and Schools Capital Improvement Programs which have garnered national attention and which will protect the County during times of economic recession. > The recruitment and expansion of over fifty businesses with an investment of more than $268 million and the creation of thousands of new jobs. WHEREAS, in addition to his duties as a Board member, Supervisor Wray also served with distinction on many committees and boards including the Roanoke Valley- Alleghany Regional Commission and Metropolitan Planning Organization; the Social Services Advisory Board; Juvenile Diabetes Research Foundation Board; the Clearbrook Civic League; the Citizens Advisory Committee for the Roanoke County Comprehensive Plan; the YMCA Central Branch Board of Directors; the Roanoke County Council of PT A's Board of Directors; and the Roanoke County Career and Technical Education General Advisory Council. 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 MICHAEL A. WRA Y for his capable, and dedicated service to Roanoke County; and BE IT FURTHER RESOLVED that the Board of Supervisors wishes Supervisor Wray continued success in his future endeavors. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSTAIN: Supervisor Wray 1168 December 18, 2007 IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1: CONTINUED FROM NOVEMBER ~ 2007. AT THE REQUEST OF THE PETITIONERS. 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 construction of an extended stav hotel. located near the intersection of Hershberaer Road and Oakland Boulevard. Hollins Maaisterial District. upon the petition of Auslo. Inc. (Philip Thompson. Deputy Director of Planninal R-121807-10 - Denial Mr. Thompson advised that item was continued from the November 13, 2007, Board meeting, and the proposed project is a rezoning to construct an extended stay hotel. He advised that the proposed project includes a new 4,500 square foot L- shaped building of three stories with 35 units and an office. He advised that one of the changes from the November 13th meeting is that the petitioner is proposing a public access to the site from Hershberger Road and making the access to Oakland Boulevard an emergency access only. He advised that the project will have 40 parking spaces and be served by public water and sewer. Mr. Thompson advised that the surrounding zoning is C-2, General Commercial, to the north and east, R-7, Residential, in Roanoke City, and R-3, Residential, to the south and west. He described the surrounding land uses as office, December 18, 2007 1169 commercial and residential to the north; vacant land for the proposed North County Fire Station to the east and west; and single family homes to the south. Mr. Thompson advised that the Community Plan designates this property as transition which is described as a future land use that encourages the orderly development of highway frontage parcels. He stated that transition areas generally serve as developed buffers between highways nearby or adjacent and lower intensity development, and intense retail and highway oriented commercial uses are discouraged. He stated that transition areas are suited for office, institutional and small- scale, coordinated retail uses. Mr. Thompson advised that twenty citizens attended a community meeting on September 12, 2007, at Mountain View Elementary School. He advised that their questions and concerns included traffic, limited sight distance on the property, impact to property values, safety concerns, and impacts to Carvins Creek. Mr. Thompson advised that the Planning Commission public hearing was continued from October 2, 2007, to November 5, 2007, and that four citizens spoke at each meeting. He stated that a petition was presented with more than 200 signatures of citizens who opposed the request. He reported that citizen concerns included traffic, safety, security, property values, screening, and the impact on Carvins Creek. Mr. Thompson advised that the planning commissioners had similar concerns regarding impacts to surrounding neighborhood, impacts to Carvins Creek, 1170 December 18, 2007 access, surrounding land use, lighting, and safety issues. He stated that the Planning Commission recommended denial of the rezoning request by the vote of four to zero. Mr. Thompson advised that the developer originally proffered six conditions at the November 13, 2007 meeting, however, the developer has now offered ten conditions which include the following: (1) Limiting the use of the property for a hotel/motel/motor lodge use. (2) Conformity with concept plan, grading plan, and landscape plan. (3) Conformity with building elevations that are submitted with the application. (4) Limiting signage to a 5 foot tall by 8 foot wide monument sign that will be ground lit. (5) Signage on the building will be less than 5 percent of the fayade. Lettering on the building will not exceed 18 inches in height. (6) Lighting fixtures will not exceed 14 feet in height. (7) Height of the building will not exceed 45 feet. (8) Limiting public access to Hershberger Road. (9) Emergency access to the property will be only from Oakland Boulevard. (10) A double row of silt fence will be installed during the grading and construction along the Carvins Creek area to limit erosion and siltation. Will Dibling, advised that he was with the law firm of Gentry, Locks, Rakes and Moore, and commended the Board on their newly renovated Board meeting room. He advised that the room is beautiful as well as functional and will serve the Board and citizens for years to come. Mr. Dibling advised that he represented the petitioner, and that Philip Bane, President of Auslo, Inc.; Dan Early, Project Manager; and Wayne Wilcox, Landscape Architect, ACS Design; were present. He advised that Mr. Thompson December 18, 2007 1171 accurately described the parcel which is currently zoned R-3, medium density multi- family residential, and advised that the proposal is for a very small hotel, an extended stay facility, with only 35 units and a small office which is about 4,500 square feet. He advised that they are requesting that the property be rezoned to C-2, General Commercial, with a number of conditions that have been carefully thought out and are responsive to concerns of the County's staff and citizens. He advised that the petitioner owns one of the last undeveloped parcels along Hershberger Road and it is near the Friendship Retirement Community parcel which is zoned C-2, and that property immediately across Hershberger Road on the north side is zoned C-2. He advised that the property to the east is owned by Roanoke County and zoned C-2, and to the west across Oakland Boulevard, Roanoke County's property is zoned R-3 and Roanoke City's property is zoned R-7. He advised that the property across Oakland Boulevard which is in both jurisdictions is undeveloped and on the market. He advised that the Roanoke City neighborhood to the south is buffered by Carvins Creek and a substantial stand of mature hardwood trees that will be unaffected by this project. Mr. Dibling advised that Mr. Thompson pointed out that the County's Comprehensive Plan designates the property as transitional and that designation encourages the orderly development of highway frontage parcels for office, institutional, higher density residential and small scale coordinated retail uses. He advised that with the proposed proffers, the petitioner is proposing a low-intensity commercial use that will be an excellent buffer between the Hershberger Road C-2 zoned parcels and the 1172 December 18, 2007 residential neighborhood to the south. He advised that by memorandum of November 5, 2007, County staff concluded and he quoted "that with the newly provided information, staff concludes that the proposal for the extended stay hotel does conform to the transition future land use category as described in the Roanoke County Comprehensive Plan." Mr. Dibling advised that since the Planning Commission considered the matter, the petitioner has filed revised proffers dated December 10, 2007, which Mr. Thompson has described in summary. Mr. Dibling advised that proffer #1 strictly limits the use, and proffer #2 agrees to build the project in substantial conformity with four drawings that are being proffered. He advised that the first drawing is the concept plan and that Mr. Wilcox would point out the dimensions of the hotel, the acquired number of parking placed, the setback and the public access. Mr. Dibling advised that there is only one access which is from Hershberger Road and it is 200 feet from the intersection of Oakland Boulevard and Hershberger Road and that the access has abundant sight distance of 716 feet to the west and 765 feet to the east. He advised that the conceptual grading plan has been proffered which shows that the parking lot for the hotel will be 10 feet below the existing grade and there can be no run off of water to Carvins Creek. He advised that the conceptual grading plan shows the areas of non-disturbance, and there is no construction activity that will occur within the flood plain of Carvins Creek. December 18, 2007 1173 Mr. Dibling advised that they also proffered the conceptual landscape plan. He stated that there is a 10 foot landscape buffered on three road sides and a 20 foot buffer at the southwest corner of the facility which will serve to provide additional screening for the neighborhood. He advised that within the landscape buffer and the islands they will plant 28 large deciduous trees and 253 shrubs. He displayed the rendering of the building and advised that it has been proffered. He advised that they submitted proffer #4 to meet neighborhood concerns and limited the heights of the building to 45 feet and stated that in a C-2 zoning there is no restriction on building height. He advised that proffers #5 and #6 relate to the signage on the building and the modest signage is considerably less than would be allowed under the zoning ordnance. He advised that proffer #10 relates to erosion and sediment control and although these are normally addressed in site plan review, they proposed a double silt fence that would be between the project and Carvins Cove. Mr. Dibling advised that he wanted to mention that proffer #7 which stated that the lighting will not exceed 14 feet in height was submitted as requested by the Planning Commission. He advised that there will be only one public access which is proffer #8, and this was proffered in an effort to meet neighborhood concerns that the access onto Oakland Boulevard would be for emergencies only because fire and rescue wants two entrances. He advised that the emergency access will have impervious paving with blocks and a grassy surface and there will also be included a malleable curb about six inches high with signs above ground and on the surface. He advised that 1174 December 18, 2007 there has been some discussion about the width of the emergency access and they proffered 12 feet; however, they learned last night that County staff would prefer 20 feet. He advised that the petitioner is flexible concerning the width of the emergency access and it can be resolved in the site plan review. Mr. Dibling advised that the petitioner has made considerable efforts to meet the neighborhood concerns and keep traffic off Oakland Boulevard. He advised that traffic was the primary neighborhood concern but he pointed out that the initial staff report stated that traffic generation is not expected to be significant and that a Virginia Department of Transportation traffic analysis was not required because of the lack of concern with traffic at this facility. He advised that they believe the traffic that will be generated will be similar to that generated by a 16 unit apartment complex which could be built on the site by right. He advised that out-of-town guests at the facility will not want to go into unknown neighborhoods and will take Hershberger Road to access shops, restaurants, and other locations. He advised that the citizens expressed concern about the speed limit on Hershberger Road and the petitioner would endorse a reduction in the speed limit on Hershberger Road to 25 miles per hour. Mr. Dibling advised that in response to neighborhood concerns, they have limited the height of the building to 45 feet and because it is set down 10 feet, the building will appear to be 35 feet in height. He advised that the neighbors are concerned about visibility from the south and they are providing an extensive buffer of hardwood trees to go along with the existing trees. He advised that with respect to December 18, 2007 1175 Carvins Creek, no land disturbance will occur in the flood plain, there will be no run off to the creek from the parking lot, erosion and sediment control will be strictly controlled by the County, and they have proffered over and above the requirements of the planning ordinance to have a double silt fence between the project and Carvins Creek. Mr. Dibling advised that this is not a land use issue but the citizens have expressed concern about an old landfill which was located there approximately 35 years ago, and he advised that the site has been thoroughly examined by geotechnical experts with borings. He advised that they found native soil at 10 feet, and that is where the building will rest, and anything that is not native soil will be removed and transported to a lawful landfill which will make the site better environmentally than it is now. He advised that in conclusion, the County's Comprehensive Plan designates the property as transitional; the current residential zoning is not appropriate; and the property will not be developed as single family residential as the neighbors want. He advised that they are presenting a low-intensity commercial use which is compatible with the neighborhood and meets a community need. Mr. Dibling advised that the question has been asked as to why they would build an extended stay hotel at this site, and he advised that there is a national trend to locate extended stay hotels contiguous to or close to medical facilities or healthcare facilities such as the Friendship Retirement Community in order for family members to stay close to those residents. He advised that the proffered rendering shows an attractive building which the County staff says is complimentary to 1176 December 18, 2007 Hershberger Road and the surrounding neighborhood. He advised that the project is well screened and buffered and they have removed the Oakland Boulevard public access and limited the height of the building. He advised that Roanoke City staff had the opportunity to comment on this rezoning and after stating as background the zoning of the City neighborhood, Roanoke City staff stated that they would suggest that the use of an extended stay hotel be proffered, which has been done, and that the rezoning be subject to substantial conformity with the proposed site plan attached to the memorandum of August 30, 2007, which has also been done. Mr. Dibling stated that the City's planning staff's concerns have been met. He advised that the proposed site is compatible with the transition designation and the County's Comprehensive Plan, and he urged the Board to approve the rezoning to C-2. The following citizens spoke in opposition to approval of the rezoning: (1) Jane McDaniel, 4516 Northridge Street; (2) Dan Wooldridge, 15 Benbrook Circle; (3) Michael Henninger, 4511 Oakland Boulevard; and (4) Martha J. Grimes, 4527 Oakland Boulevard. Their concerns included the potential for decreases in property values, belief that the site was not suitable for a facility of this kind, that there are two extended stay hotels within miles of this site, and there will be increased traffic and safety issues at a location that already has those problems. Supervisor Altizer inquired if it was staff's position that the hotel use is not a preferred use in a transitional designation. Mr. Thompson advised that a high intensity retail use is not preferred in a transitional area; however, this is one of those -~ December 18, 2007 1177 marginal areas because the project has 35 units of high intensity retail, and he felt it was a judgment call as to whether it would or would not fall into that category. Mr. Thompson advised that the question should be is this the appropriate site for this use and is the petitioner trying to fit too much on this site. In response to Supervisor Altizer's inquiry about his opinion, Mr. Thompson advised that he thought the petitioner was trying to fit too much on the site. Supervisor Altizer advised that in the earlier staff report, retaining walls were mentioned and staff has questioned the height of those walls, and he inquired if anything had been submitted which alleviated that problem and showed the location of the retention walls. Mr. Thompson pointed out the retaining walls on the concept plan and advised that they go from ground level to approximately 10 feet to 11 feet in different places. Supervisor Altizer inquired about the length of the retaining walls, and Mr. Thompson estimated the length at 150 feet. Mr. Wilcox also responded to Supervisor Altizer's inquiry by pointing out on the concept pl~n the locations and varying heights of the retaining walls. Supervisor Church advised that he was not convinced that this was the proper use of this site. He stated that he has been very consistent in his view that a citizen's home is a lifetime investment and he sees the potential here to disrupt that way of life. He advised that he has visited the site and feels that the terrain is not compatible although Roanoke City's planning staff has a different opinion. He advised that the County has to focus on all of the information available to make a decision. He advised 1178 December 18, 2007 that he is not convinced that this neighborhood is the place for this project, and he will not support it. Supervisor Wray asked Mr. Thompson to explain the details that go into the makeup of the emergency exit. Mr. Thompson advised that he did not have a lot of information but he believes there will be a curb at the entrance that most vehicles would be inclined not to go over but emergency services vehicles could easily traverse. He advised that it will be done with impervious pavement materials with blocks so that grass can grow through it. He advised that the emergency exit is proposed to be 12 feet wide; however, the County Emergency Medical Services prefer 20 feet and if the rezoning is approved, he will delete the reference to dimensions and it can be decided by VDOT and Fire and Rescue during the site plan review. He advised that the plan is to limit the access by putting a curb there to restrict traffic and have signage and markings on the ground to keep people away. He advised that there were discussions about removing the exit and that the petitioner sees this as an alternative to that removal. He advised that the general public would not use this emergency exit. Supervisor Wray advised that it seems that the petitioner is attempting to put something on the property that does not fit. He advised that they should be discussing whether or not the project is a suitable use. He advised that as stated by Mr. Wooldridge, the project keeps changing as it goes forward to make it fit on the site, and Supervisor Wray stated that he does not think this is the appropriate way to look at the use of this site. December 18, 2007 1179 Supervisor Flora inquired about the plans for stormwater management. Mr. Wilcox advised that stormwater management is a site plan review issue that will be addressed in detail. He advised that there will probably be underground detention in the parking lot and after the stormwater is treated for both quality and quantity in terms of flow and volume according to state regulations, it would probably be discharged either towards John Richardson Road to the right and downhill towards Carvins Creek or towards Hershberger Road and then downhill towards Carvins Creek. Supervisor Flora inquired if the stormwater management system would be constructed along with the project or at some other time. Mr. Wilcox advised that it would be necessary that construction of the stormwater system be part of the original construction. Supervisor Flora advised that this is a land use issue and the question of whether or not they can construct the building on the site is not nearly as important as whether or not a C-2 zoning is appropriate for that site. He advised that he asked the County Administrator to check with the Police Department to find out what kind of calls they had at the extended stay on Florist Road, and it was almost nil; they have had no issues that originated on the site, and he cannot argue that it is a law enforcement issue. He advised that he questioned whether a C-2 zoning should back up to what is essentially an R-1 residential district. He advised that although he knows that the residential district is located in Roanoke City and those citizens do not vote in the County, they are the County's neighbors. He advised that when Roanoke City was building the bus garage on the airport site, they would not even return the County's 1180 December 18, 2007 phone calls, and he did not want to be put in the same category. He advised that the County should listen to their neighbors even in another jurisdiction. Supervisor Flora advised that he has a problem with approving a C-2 zoning which backs up to a R-1 zoning. He advised that the surrounding C-2 zonings were designated when there were no residential zonings adjacent. He advised that the County is building a fire station nearby; however, that use is not intense and it is a public safety issue. Supervisor Flora advised that he has struggled with whether or not this is an appropriate use of the property, and he had hoped that during this process, the answer would become clear to him. He advised that if he was going to err, it would be on the side of caution, and advised that at the appropriate time, he would move that the request be denied. Supervisor McNamara advised that he had concluded also that the structure does not fit on the site, and there is no compelling reason to try to make it fit. Supervisor Flora moved to deny the rezoning. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 121807-10 TO DENY THE REZONING OF 1.42 ACRES FROM R-3, MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, FOR THE CONSTRUCTION OF AN EXTENDED STAY HOTEL LOCATED AT THE CORNER OF HERSHBERGER ROAD AND OAKLAND BOULEVARD (TAX MAP NOS. 38.15-1-9 AND 38.15-1-10), HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF AUSLO, INC.lPHILlP BANE December 18, 2007 1181 WHEREAS, the first reading of this ordinance was held on September 25, 2007, and the second reading and public hearing were held November 13, 2007, and continued to December 18, 2007; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 2, 2007, which was continued to November 5, 2007; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Flora to deny the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 2. Second 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! Soecial Use Permit to ooerate ! construction yard in an A VC. AariculturalNillaae Center District with Conditions. located at 7119 Bent Mountain Road. Windsor Hills Maaisterial District. uoon the oetition of Dalton Heatina & Air Conditionina. Inc. (Philio Thomoson. Deoutv Director of Plannina) 0-121807 -11 Mr. Thompson advised that Dalton Heating & Air Conditioning, Inc. is requesting to rezone 1.41 acres to amend the existing proffered conditions in the Agricultural Village Center (A VC) District, and to obtain a special use permit to operate a construction yard. He reported that the property was rezoned in 1982 to allow for the construction of a medical office with the following two proffers: (1) limiting the use only 1182 December 18, 2007 to a medical office; and (2) not allowing an entrance onto Route 694, Twelve O'Clock Knob. Mr. Thompson advised that the proposed project includes the following: (1) existing 3,350 square foot building with no exterior alterations proposed; (2) one interior alteration which is for removal of one, non-load bearing wall used for a sheet metal workshop in the building; (2) utilize the existing entrance on Bent Mountain Road; (3) twenty-four existing parking spaces on site; (4) utilize the existing monument sign; and (5) the addition to the site of a 20 foot x 8 foot x 8 foot storage container which will be screened by fencing. He stated that the utilities are private wells and septic systems. Mr. Thompson advised that the surrounding properties are zoned Agricultural Village Center (A VC) and Agricultural/Residential (AR). He stated that the surrounding land uses include the Back Creek Fire Station to the north; single family homes to the east and west; and Back Creek Elementary School to the south. Mr. Thompson advised that the Community Plan has this site designated as Village Center and the commercial and institutional activities in the Village Center areas should be designed, scaled and marketed to best serve the product and service needs of the residents from the surrounding rural areas. Mr. Thompson advised that a community meeting was held on November 12, 2007, at the Back Creek Elementary School with thirty-five citizens attending. He reported that there were questions about the use and magnitude of the construction yard, types of visual impacts, traffic, and alterations to the building. He advised that the December 18, 2007 1183 Planning Commission held a public hearing on December 4, 2007, and there were no citizens to speak. He stated that the planning commissioners had questions and concerns regarding screening of the storage container, intensity of the use, and maintaining the appearance of the property. Mr. Thompson advised that the Planning Commission took two actions on this request. He advised that the Planning Commission recommended approval of the rezoning request and to amend the proffered condition as follows: (1) The subject property will be utilized solely as a general office, medical office, or administrative services by right or as a construction yard with a special use permit. Mr. Thompson advised that the Planning Commission recommended approval of the special use permit for a construction yard with five conditions: (1) The construction yard shall be limited to a heating and air conditioning contractor. (2) There shall be no exterior alterations to the existing building or expansions of the existing parking area. (3) All business operations and storage shall take place within the existing building, with the exception of the enclosed storage container. (4) The storage container shall be located at the rear of the building, out of the 1 DO-year f1oodway, and shall be screened with fencing. (5) Signage shall be limited to refacing the existing sign on site. Daniel Barnes attorney with Osterhoudt, Prillaman, and Natt, advised that he was representing the petitioner, and that Darrell and Patrice Dalton were present. He advised that the staff report accurately sets forth the proposed use of the property and the petitioners worked with the County staff to create a list of conditions and proffers to ensure 1184 December 18, 2007 that the project will have a limited impact on their neighborhood. He advised that they appreciated the assistance of the County staff in working towards this rezoning and special use permit. He advised that there were no concerns raised at the Planning Commission meeting; however, he would like the opportunity to respond to any questions by the community or Board. There were no citizens present to speak on this item. In response to Supervisor Wray's inquiry, Mr. Barnes stated that the hours of the business will be 8:30 a.m. until 5:00 p.m. Supervisor Wray inquired if the petitioner understood the condition on the special use permit that limits the business to heating and air conditioning. Mr. Barnes advised that the limitations on the special use permit are set forth in the proffer, and he confirmed to Supervisor Wray that that the construction yard will be limited to heating and air conditioning. Supervisor McNamara inquired as to what will occur inside the building since it does not seem that there will be any major fabricating inside the building. Mr. Dalton advised that basically they will be doing light fabrication of sheet metal products to take to job sites to install. He advised that the industry is going through a change and instead of spending 25 or 30 hours per week on fabrication in the shop, they are going to two or three hours per week in the shop. He advised that most of the construction fabrication is done off site, and there will be more office use than fabrication. December 18, 2007 1185 Supervisor McNamara inquired if the screening of the storage building would eliminate it from the view shed. Mr. Dalton advised that it would and they will probably use a vinyl fencing that can be cleaned and will be appropriate in appearance. In response to Supervisor McNamara's inquiry, Mr. Dalton advised that there will be sixemployees not counting his wife and himself, and they will have five trucks. Supervisor McNamara advised that this building has been vacant for a couple of years; it is not located in a commercial area; and he believes this is a suitable C- 1 type of use although it is zoned AV. He advised that he felt that a light commercial project or a medical office would be suitable uses. He advised that he would have more concerns if heavy fabrication would occur in the building and noise was being created. He advised that it seems that the choice is a light commercial use versus another and the only difference is that there will be five trucks with the same markings parked there instead of five or six different cars. Supervisor McNamara advised that he would like to move approval of the ordinance and special use permit and opened the floor for further discussion. There was no further discussion. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 1186 December 18, 2007 Supervisor Altizer asked Mr. Mahoney if only one vote was needed to accomplish the desired actions. Mr. Mahoney advised that the Board only needed one vote and he understands that the Planning Commission likes to follow a slightly different procedure and take separate votes for rezonings and special use permits. Mr. Mahoney advised that the Board over the years has wanted those actions wrapped into one transaction and the ordinance was drafted to accomplish both actions. ORDINANCE 121807-11 TO REZONE 1.41 ACRES FROM AYC, AGRICUL TURALNILLAGE CENTER DISTRICT WITH CONDITIONS, TO AYC, AGRICULTURALNILLAGE CENTER DISTRICT WITH AMENDED CONDITIONS, AND TO OBTAIN A SPECIAL USE PERMIT TO OPERATE A CONSTRUCTION YARD IN AN AYC DISTRICT, LOCATED AT 7119 BENT MOUNTAIN ROAD (TAX MAP NO. 95.01-1- 4), WINDSOR HILLS MAGISTERIAL DISTRICT UPON THE APPLICATION OF DALTON HEATING & AIR CONDITIONING, INC. WHEREAS, the first reading of this ordinance was held on November 13, 2007, and the second reading and public hearing were held December 18, 2007; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 4,2007; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.41 acres, as described herein, and located at 7119 Bent Mountain Road (Tax Map Number 95.01-1-4) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AVC, AgriculturalNillage Center District with conditions, to the zoning classification of A VC, AgriculturalNillage Center District with amended conditions. 2. That this action is taken upon the application of Dalton Heating & Air Conditioning, Inc. December 18, 2007 1187 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1) The subject property will be utilized solely as a general office, medical office, or administrative services by right or as a construction yard with a special use permit. 4. That the Board finds that the granting of a special use permit to Dalton Heating & Air Conditioning, Inc. to operate a construction yard to be located at 7119 Bent Mountain Road in the Windsor Hills 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 construction yard shall be limited to a heating & air conditioning contractor. 2) There shall be no exterior alterations to the existing building and/or expansions of the existing parking area. 3) All business operations and storage shall take place within the existing building, with the exception of a 20' x 8' X 8' enclosed storage container. 4) The storage container shall be located at the rear of the building, out of the 1 DO-year floodway, and shall be screened with fencing. 5) Signage shall be limited to the refacing of the existing 30 square foot monument sign. 5. That said real estate is more fully described as follows: Being all of Tax Map No. 95.01-1-4 containing 1.41 acres 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Flora: (1) He commended Supervisor McNamara for the way he handled being chairman this year and for the fine job he did at the investiture 1188 December 18, 2007 ceremony this morning. He advised that he was glad to participate in the investiture without having to go through a five-month campaign. (2) He congratulated Supervisor Church on his re-election by a landslide against two opponents. (3) He advised that the Board had already said their good byes to Supervisor Wray; however, he felt the Board would never really say goodbye to him. (4) He advised that he looked forward to next year and wished staff, fellow Board members, and the public a Merry Christmas and Happy New Year. Supervisor Wrav: (1) He expressed appreciation to the Board members, staff, and the citizens of Roanoke County, and the citizens in the Cave Spring District, for their support during his four-year term. He advised that the political process is not always smooth and you cannot please everyone as you make decisions. He stated that you have to make the best decision you can with the information you have while knowing that your decisions can affect the Cave Spring district, the County, and ultimately the Roanoke Valley. (2) He advised that he is looking forward to spending more time with his family who attended the Board meeting tonight. He advised that he could not have served on the Board without the strength and support of God, his family, and the citizens of Cave Spring and Roanoke County. He advised that he devoted a great deal of his time talking with and listening to citizens while trying to resolve situations. (3) He wished everyone a Merry Christmas and Happy New Year. (4) He advised that he enjoyed working with the Board members, and complimented December 18, 2007 1189 Supervisor McNamara on being chairman this year. (5) He expressed his appreciation for all the comments which were made earlier at the reception. SUDervisor Church: (1) He thanked Supervisor McNamara for a job well done as chairman this year. (2) He advised the citizens in the North Lakes area, and Green Ridge Court, that their phone calls and emails are not going unnoticed and that he is working with Arnold Covey and staff regarding the cul-de-sac and the development. He thanked them for contacting him by email because it is hard to answer numerous phone calls due to the Christmas season and other commitments. (3) He advised that the citizens of Roanoke County, including Sarah Franklin who was present, and staff members have made this year beneficial and many things have been accomplished. (4) He advised that Supervisors Altizer and Flora commented that he was the "poster child" for the Board since he was the only incumbent in the election and therefore was blamed for everything. He advised that this was OK and part of the job. (5) He thanked each member of the Board and advised that they worked together to approve a number of progressive actions for the County. (6) He thanked Cody Lowe, reported at the Roanoke Times, for the fairness that he exhibited while reporting on County news. He wished Mr. Lowe and his family a joyous Christmas. SUDervisor Altizer: (1) He thanked the 60 citizens who came to the meeting at Falling Creek last night for participating in the process, for their support, and stated that he appreciated their patience and trust in the County and staff. (2) He thanked Supervisor Wray for his service to the citizens and for his friendship. He 1190 December 18, 2007 advised that Supervisor Wray did a great job and deserves to spend time with this family. (3) He concurred with the opinion that Supervisor Church was the "poster child" for the things that the Board tried to accomplish this year, and he congratulated him upon winning re-election by a sizable margin. (4) He thanked the staff for their outstanding efforts this year and advised that it is the accumulation of people and talents that make things happen. He expressed appreciation to the Board members for their progressive actions this year and believes that they are visionaries with the skills of knowing when and when not to make things happen. (5) He advised that it has been a great year for Roanoke County, and he believes that as the projects come to fruition, the citizens will understand that they were done for the right reasons. He advised that the Board's actions position Roanoke County to be the place to live, work and play, and to become the most populous area west of Richmond. He advised that this is not quick growth but manageable growth. (5) He wished staff, the citizens, and fellow Board members the greatest of holiday seasons. (6) He congratulated Supervisor McNamara on the great job he did as chairman this year, and advised that he appreciate the time and effort he put into this position. Supervisor McNamara: (1) He thanked the citizens of the County and the Windsor Hills District for the opportunity of representing them for the tenth year. (2) He advised that they will miss Supervisor Wray being on the Board; however, they welcome Ms. Moore as a member of the Board. (3) He advised that unless there is a special meeting, he will remain Chairman until January 8 at 2:00 p.m. when the December 18, 2007 1191 organization meeting will be held, followed by the regularly scheduled Board meeting at 3:00 p.m. (4) He thanked the Board members for their support during the year and advised that many things were accomplished. (5) He wished everyone a safe and happy holiday season. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 8:38 p.m. Submitted by: Approved by: ~~~ Brenda J. olton, CMC Deputy Clerk to the Board ~ s ph P. McNamara airman 1192 December 18, 2007 (This page left intentionally blank)