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HomeMy WebLinkAbout9/23/2008 - Regular September 23, 2008 677 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 23, 2008 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of September 2008. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. "Butch" Church, Joseph P. McNamara, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, County Administrator; Paul M. Mahoney, County Attorney; Mary V. Brandt, Assistant Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Reverend Barkley Thompson, Saint John's Episcopal Church. The Pledge of Allegiance was recited by all present. 678 September 23, 2008 REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney requested a closed session to discuss a real estate matter pursuant to Code of Virginia Section 2.2-3711.A.3, and Mr. Chambliss requested a closed session to discuss the appointment of a Clerk to the Board pursuant to Code of Virginia Section 2.2-3711.A.1. It was the consensus of the Board to add these closed IN RE: sessions. IN RE: NEW BUSINESS 1: Resolution adoctina coUey auideUnes for accroval of the creation of .! Community Develocment Authority (COAl. (Paul Mahoney. County Attorney) R-092308-1 Mr. Mahoney advised that this item is the result of a series of work sessions held by the Board concerning the creation of CDAs and that it is related to the second reading of an ordinance to elect to assume the power to consider petitions for the creation of CDAs that the Board will hear during the evening session. He added that the resolution has been revised since its distribution in the Board's agenda packet. Mr. Mahoney advised that the guidelines contained in the resolution establish a procedure to be used in creating CDAs including the information required from a petitioner/developer in order to develop a petition, a draft ordinance, and a memorandum of understanding in advance of the formal notice and public hearing September 23, 2008 679 procedures required by State code. He stated that the guidelines also require specific, detailed information regarding the public improvements that are to be constructed within a CDA; the business plan required by the project; pro-forma financial projections; preliminary bond issuance information; and the anticipated assessments and revenues to pay for these bonds. He added that the guidelines also require the payment of a $20,000 initial submission fee to cover the costs incurred by the County to review a CDA petition. Mr. Mahoney advised that the guidelines were based on guidelines in use in other localities in Virginia. He further advised that Doug Chittum, Director of Economic Development, and Bonnie France, Roanoke County's bond counsel, provided input during the development of the guidelines. In response to an inquiry from Supervisor Flora, Mr. Mahoney advised that the policy could be revised as necessary once the County begins to review petitions. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 092308-1 ADOPTING POLICY GUIDELINES FOR APPROVAL OF THE CREATION OF A COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, the Board of Supervisors of Roanoke County (the "Board") has determined that, under certain circumstances, the creation of a Community Development Authority ("CDA") can further the community and/or economic 680 September 23, 2008 development goals of Roanoke County (the "County") through the financing and/or provision of various services, facilities and improvements (a "Project"); and WHEREAS, in order to make informed decisions as to the proposed creation of a CDA and subsequent issuance of revenue bonds or other debt obligations by such CDA, if any (the "Bonds"), the Board needs to receive, and have an opportunity to review and discuss, certain background, financial, and structural information with respect to the CDA, the Project and the Bonds; and WHEREAS, the Board has determined that in order to facilitate petitions for, and the creation of, a CDA which will further the community and/or economic development goals of the County, the Petitioners requesting the creation of a CDA (the "Petitioners") should be provided an opportunity to submit to the Board over a scheduled period of time the information required to evaluate the petition, and that not all information which will be required by the Board prior to approving the issuance of the Bonds must be provided prior to the Board's consideration of an ordinance regarding the creation of the CDA itself. NOW, THEREFORE, be it resolved that the Board of Supervisors of Roanoke County approves and adopts the following Guidelines which are designed to ensure that the Board and the County staff, and the County's consultants and advisors, if any, receive and have an opportunity to review information necessary to make informed decisions as to both the creation of a CDA and the subsequent issuance of the Bonds, if any, while providing the Petitioners with an opportunity to provide such information over a period of time. Policy Guidelines I. Submission of Draft Petition. a. Submit a Draft Petition: the Petitioners must submit a petition for County staff review which is in accordance with Section 15.2-5154 VA Code Ann. The review of the draft petition shall be conducted by the County Administrator, County Attorney, Directors of Economic Development, Finance and Community Development, or their designees, and such outside consultants and advisors as they deem necessary. In particular, and in addition to any other information required thereby, such petition must contain the following information: (i) The name and boundaries of the proposed district, including an affidavit certifying that the Petitioners are the owners of at least 51 % of the assessed value or land area of the real property contained within the jurisdictional boundaries of the proposed CDA (the "CDA District"), a listing of the properties by tax map parcel number(s), and a map showing all of the properties and tax parcels within the CDA District. (ii) A general description of the services and facilities proposed to be undertaken by the CDA within the CDA District; (iii) A general description of the proposed plan for providing and financing such services and facilities within the CDA District; September 23, 2008 681 (iv) A general description of the benefits that can be expected from the provision of such services and facilities by the CDA and specifically in what manner the creation of the CDA would be in furtherance of the Comprehensive Plan and the community and/or economic development goals of Roanoke County; (v) The names, addresses, email addresses and phone numbers of those individuals recommended by the Petitioners to serve as the initial board members of the CDA; (vi) A request that the Board of Supervisors establish the proposed CDA for the purposes set forth in the petition; (vii) Any bonds issued by the CDA shall be a debt of the CDA and not of the County. The County shall not retire any part of the bonds or pay any debt service of the CDA out of revenues or funds derived from sources other than the special tax or assessment authorized in Section 15.2-5158 VA Code Ann., except as may be specifically provided in the ordinance creating the CDA; (viii) A provision stating that no amendment to an ordinance creating a CDA shall impose any financial obligation on the County that did not exist under the original ordinance; (ix) A provision stating that the Petitioners commit to cover all costs for staff time in reviewing and evaluating the documents required to create a CDA, advertising for public hearing, retaining financial, legal, engineering, and other consultants, printing, and other direct and indirect costs incurred in creating the CDA and obtaining the financing for the improvements sought, whether or not the Bonds are issued; (x) A provision stating that the CDA Board shall be comprised of five members who are appointed by the Board of Supervisors; the term of office shall be for four (4) years with each member subject to reappointment. One or more members of the Board of Supervisors and, County staff, as well as the Petitioners or their representatives may be appointed CDA Board members; no person residing outside Roanoke County may serve on the Board; (xi) The rate and method of the apportionment of assessments shall be fully disclosed to potential purchasers of property subject to a special assessment, and such assessment may be fully paid at any time and the obligation to make any annual payments thereunder may be permanently satisfied by payment of an amount computed in accordance with the assessment methodology. (xii) The CDA and/or Petitioner will reimburse the County for any costs incurred in levying and collecting the special tax or assessments, if any, and any other ongoing administrative costs of the County in connection with levying and collecting any such special tax or assessments and oversight of the CDA. b. Provide Funds Sufficient to Cover County Expenditures and Staff Time Incurred Creating the CDA and Reviewing Financing: At the time of submitting the petition, the Petitioners must provide: (i) A cashier's check in the amount of $20,000 (the "Initial Submission Fee") or a letter of credit or other surety acceptable to the County to cover the anticipated 682 September 23, 2008 costs of the County. If the County's costs exceed the Initial Submission Fee, the County may require the Petitioners to provide additional money, letter of credit or surety. (ii) Such surety will be called upon if the Petitioners fail to reimburse the County for the additional expenditures within 45 days of receipt of the invoice. c. Demonstrate Potential Community and Economic Development Benefits. (i) The initial information required to be provided with the draft petition must indicate that the proposed project or purpose for establishing the CDA has the potential for advancing the County's community and/or economic development goals in conformity with the County's comprehensive plan, zoning ordinance and capital improvements plan. (ii) A financial and land use assessment performed by the County or its agents must demonstrate that the CDA's proposed development and business plan is sound, and the proposed project or purpose for establishing a CDA is economically feasible and has a high likelihood of success. The analysis must confirm why establishing a CDA is superior to other financing mechanisms from a public interest perspective. d. Work with County Staff to Develop the Petition and the Ordinance creating the CDA: (i) The Petitioners will respond to and incorporate changes to the draft petition as requested by County staff prior to any notice of public hearing being published with respect to the proposed creation of the CDA. Failure to incorporate such changes will result in a staff recommendation to the Board against the creation of the CDA. (ii) The Petitioners will work with and cooperate with County staff to draft a proposed ordinance with respect to the creation of the CDA which will be available for public inspection at the time of publication of the notice. In addition to such other information as may be required by County Staff and the Board, the proposed ordinance shall contain a statement substantially to the effect that the adoption by the Board of an ordinance approving the creation of a CDA does not constitute approval of the issuance of any bonds or similar debt obligations by the CDA. e. The County will require the Petitioners to enter into a memorandum of understanding with the County setting forth, as a minimum, the following items. At the option of the County, such agreement will be entered into by the County and the Petitioners before any Petition is considered by the Board of Supervisors or at a later date. If such agreement will be entered into at a later date, a draft agreement will be provided to the County before consideration of any Petition. (i) The business plan of the CDA. (ii) The level, quality and type of public facilities and/or infrastructure to be financed by the CDA with such degree of specificity as may be required by the County, including a statement identifying the anticipated public owner or owners of such public facilities and/or infrastructure. (iii) Protections for the benefit of the County with respect to repayment of debt. September 23, 2008 683 (iv) Protections for the benefit of individual lot owners within the CDA's boundaries with respect to foreclosure and other collection actions should their respective assessment be paid or is current (v) That, if the CDA requests the County to levy a special tax on its property owners, the CDA will pay the County for the costs to levy and collect the special tax and any other ongoing administrative costs of the County. II. Prior to the Postino of a Notice of a Public Hearino. The Petitioners shall submit the following items prior to the notice of public hearing being published with respect to the proposed ordinance providing for the creation of the CDA. a. Detailed Information Regarding the CDA. The following information and/or descriptions must be provided: (i) A general description of the Project itself, including background and other information with respect to the Petitioners and/or developers of the Project, and the boundaries of the proposed CDA District; (ii) The improvements, services and facilities anticipated to be financed by the Bonds, including preliminary cost estimates, project phasing, and projected land absorption within the CDA District; (iii) A detailed summary of the CDA's proposed financing structure, including a schedule of the proposed CDA financing and debt service; (iv) A discussion of the security for, and means by which, debt service on the Bonds will be paid, including a discussion of any applicable debt service reserve fund, capitalized interest financing, and estimated lien-to-value ratios at both the time the Bonds will be issued and once the development is expected to be complete. (v) A detailed summary of the assessment methodology to be used in determining the apportionment of benefits and special assessments within the CDA District, including a description of the anticipated assessment liens and the means of imposing, collecting and terminating installment payments payable pursuant to such assessment liens. (vi) Initial Pro-Forma Projected Financial Information with respect to the Bonds. (vii) Delivery of Pro-Forma Financial projections which indicate sufficient debt service coverage and lien-to-value ratios to successfully market the Bonds, with such projections being prepared by an organization or consultant with recognized experience and reputation in such matters. (viii) A business plan relating to the projected development of the property within the proposed CDA District and an appraisal with respect to commercial property or other property which is expected to provide additional funds for debt service coverage on the Bonds or which will be included as additional security for the Bonds, unless otherwise directed by the Board. (ix) A preliminary estimate of the aggregate face amount, interest rate and amortization period for the Bonds based on current market conditions. 684 September 23, 2008 b. A certification that the proposed community development authority will not provide services which are provided by, or obligated to be provided by any authority already in existence unless the existing authority certifies that the proposed community development authority will not have a negative impact upon any existing authority's operational or financial condition. c. The Petition, Ordinance and Supporting Documents. The Petitioners shall provide the County with fifteen (15) copies of the Petition, the Ordinance, and all supporting documents which will be distributed to the Board and made available to the public for inspection. III. Prior to the Issuance of Bonds. a. Consent of Board. The adoption of the Board of an ordinance approving the creation of a CDA does not constitute approval of the issuance of any bonds or similar debt obligations by the CDA. Accordingly, the CDA may not issue any bonds or similar debt obligations without the prior consent of the Board. The final assessment methodology must be submitted to the Board of Supervisors for its consent prior to the issuance of the bonds; such submittal must be within a reasonable time prior to the Board's consideration. b. Additional Information May be Requested. Subsequent to the adoption of an Ordinance creating a CDA, but prior to the issuance of the Bonds, the Board may request such additional information from the Petitioner and/or developer of the Project as it may reasonably deem necessary, including but not limited to, evidence that the Petitioners and/or developers have provided such information and satisfied such conditions to the issuance of the Bonds as the County may reasonably impose, precedent to the issuance of the Bonds required by the commitment letter referred to above. c. Statement in Financing Documents. The principal financing documents prepared with respect to the issuance of the Bonds and the Project shall reflect the fact that the County has no financial liability for present or future improvements connected with the Project, d. Executed Commitment Letter. A copy of an executed commitment letter from a reputable buyer or underwriter to finance, purchase, or otherwise place an offering of the Bonds, which shall be in form and substance acceptable to the Board of Supervisors must be submitted which shall include, among other things, the following conditions that must be satisfied prior to the issuance of the Bonds: (i) Receipt of the unqualified opinion of Bond Counsel, in form and substance acceptable to the Underwriter, that the Bonds will be the legal, valid and limited obligations of the CDA. (ii) Delivery of Pro-Forma Financial projections which indicate sufficient debt service coverage and lien-to-value ratios to successfully market the Bonds, with such projections being prepared by an organization or consultant with recognized experience and reputation in such matters. September 23, 2008 685 (iii) A feasibility study relating to the projected development of the property within the proposed CDA District and an appraisal with respect to property which is expected to provide additional funds for debt service coverage on the Bonds or which will be included as additional security for the Bonds, unless otherwise directed by the Board of Supervisors. (iv) A preliminary estimate of the aggregate face amount, interest rate and amortization period for the Bonds based on current market conditions. These guidelines shall be subject to review, waiver and/or modification by the Board at any time. That this resolution is effective September 24, 2008. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2. Reauest to approve the issuance of revenue bonds ~ the Economic Development Authority (EDA) of Roanoke County in an aaareaate amount not to exceed J10.5 million for the benefit of Richfield Retirement Community. (Doua Chittum. Director of Economic Development) R-092308-2 Mr. Chittum reported that staff is recommending approval of this request to allow Richfield Retirement Community to sell up to $10.5 million in revenue bonds. He advised that Section 147 of the State code provides that the governing body that has jurisdiction over the issuer of private activity bonds must approve the sale of those bonds. He added that the EDA authorized the sale of the bonds at their meeting on September 17, 2008. He reported that after the Board adopts the resolution, the EDA will take the final action. 686 September 23, 2008 Mr. Chittum advised that Richfield Retirement Community is located in the Catawba District and that the company plans to use the funds to refinance three financing packages and to expand its facility. He reported that the EDA has held the necessary public hearing on the matter. He concluded that there will be no financial impact on the County and that this action will not affect the County's ability to issue qualified debt in the future. In response to Supervisor Flora's inquiry regarding impact fees, Mr. Chittum reported that fees would be collected to cover expenses. He added that although Richfield is tax exempt, the company does pay a 20-percent surcharge in lieu of taxes. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 092308-2 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE APPROVING THE ISSUANCE OF REVENUE BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY IN AN AGGREGATE AMOUNT NOT TO EXCEED $10.5 MILLION FOR THE BENEFIT OF RICHFIELD RETIREMENT COMMUNITY WHEREAS, the Economic Development Authority of the County of Roanoke, Virginia (the "Authority"), (a) has considered the application of Richfield Retirement Community (the "Borrower"), an organization which is described in Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), whose address is 3615 West Main Street, Salem, Roanoke County, Virginia 24153 (the approximately 50 acres of land within the County of Roanoke, Virginia, owned by the Borrower at and adjacent to such address being referred to as the "Property") requesting the issuance of the September 23, 2008 687 Authority's revenue bonds, at one time or from time to time in one or more series, in an amount not to exceed $10,500,000 (the "Bonds"), to assist the Borrower in all or a part of the following plan of financing (collectively, the "Plan of Financing") for the benefit of the Borrower: (i) refunding all or a portion of the Authority's outstanding Industrial Development Revenue Bond (Richfield Retirement Community, 1996) originally issued on December 19, 1996, to finance, in whole or in part, the acquisition, construction and equipping of an approximately 49,200 square foot single-story assisted living facility located at 3939 Daugherty Road on the Property; (ii) refunding all or a portion of the outstanding Industrial Development Authority of the City of Salem, Virginia, Industrial Development Revenue Bond (Richfield Retirement Community) originally issued on December 31, 1992, to finance, in whole or in part, the construction and equipping of an approximately 45,000 square foot single-story assisted living facility located at 3706 Knollridge Road on the Property; (iii) refinancing of a loan previously issued to finance, in whole or in part, the construction and equipping of an approximately 12,500 square foot single-story professional building owned and operated by the Borrower for use by providers of medical services and products located at 3737 West Main Street on the Property; (iv) financing, at an approximate cost of $5,800,000, the construction and equipping of two approximately 22,000 square foot three-story buildings, each comprising ten residential units, for use as facilities for the residence of the aged to be located on the Property; and (v) other costs associated with the foregoing, to the extent financeable, including, without limitation, costs of issuance, credit enhancement costs, capitalized interest and/or working capital and (b) has held a public hearing on September 17, 2008; and WHEREAS, Section 147(f) of the Code provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the County of Roanoke, Virginia (the "County"), the Plan of Financing concerns certain improvements located and to be located in the County, and the Board of Supervisors of the County (the "Board") constitutes the highest elected governmental unit of the County; and WHEREAS, the Authority has recommended that the Board approve the Plan of Financing and the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the Plan of Financing and the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing, and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board approves the Plan of Financing and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended. 688 September 23, 2008 2. The approval of the Plan of Financing and the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the Borrower. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. First readina of an ordinance upon the petition of Mel Wheeler. Inc. to obtain! Special Use Permit in an AG-3. Aaricultural/Rural Preserve District. for the construction of ! 170-foot broadcast tower on 3.06 acres located at 8131 Honeysuckle Road. Windsor Hills Maaisterial District 2. First readina of an ordinance upon the petition of Bonsack Baptist Church to obtain ! Special Use Permit in an R-1. Low Density Residential District. for the purpose of Reliaious Assembly on approximately 3.30 acres located at the 4800 and 4900 blocks of Cloverdale Road. Hollins Maaisterial District Supervisor Flora moved to approve the first readings and set the second readings and public hearings for October 28, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None September 23, 2008 689 IN RE: FIRST READING OF ORDINANCES 1. First readina of an ordinance amendina Chapter 20 "Solid Waste" of the Roanoke County Code. (Anne Marie Green. Director of General Services) Ms. Green advised that these revisions to the Solid Waste ordinance are the result of citizens' requests and are routine in nature. She reported that the six changes are: (1) To begin picking up small amounts of building materials at homes. She reported that citizens are currently required to take the debris to the transfer station and that many residents have indicated difficulty in transporting this waste. (2) To delete the specific zoning districts applying to removing trash containers from public right of ways and add a specific distance that containers must be pulled away from the street. (3) To add a provision that material in containers must be bagged. She reported that this will eliminate complaints from residents concerning overturned trash cans and trash blowing when it is dumped into the truck in addition to making it easier for staff to collect missed pick ups since those collections are not handled with an automated truck. (4) To begin charging all county residential customers for second containers. She advised that the cost of the containers continues to rise, that this will bring Roanoke County in line with the cities of Roanoke and Salem and other localities throughout the state that provide automated service, and that the funds collected will offset purchases of new cans. (5) To require homeowners to purchase a new container when the loss is due to burning. She reported that this is the department's current practice because the 690 September 23, 2008 loss usually results from negligence on the part of the homeowner, and staff wants to codify that practice. (6) To increase the size of the brush which can be picked up and to include small tree stumps with the pick up service. She stated that this is a service requested by many homeowners and should not be difficult with the County's boom trucks and the new grinder at the transfer station. In response to Supervisor Altizer's inquiry, Ms. Green advised that the definition of a "small amount of building materials" could be clarified. Supervisor Altizer inquired about the bulk collection schedule and the practice of contractors advising clients to leave construction debris out for pick up. Ms. Green responded that the pick up schedule may change and that Solid Waste's drivers report construction activity being performed at someone's home in an attempt to discourage abuse of the pick up service by contractors. If the debris left out is less than a pickup truck full, Solid Waste generally removes it; however, if the quantity is greater than that, the homeowner is told to take the debris to the transfer station. Supervisor Altizer requested that "small amounts of building materials" be better defined. Supervisor Church commented that the changes were beneficial and will provide continuity and consistency throughout the County. In response to Supervisor Moore's inquiry, Ms. Green advised that replacement containers are provided free of charge if the container is stolen or damaged beyond repair. September 23, 2008 691 Supervisor Flora advised that he shared Supervisor Altizer's concerns regarding the definition of "small amounts of building material" and suggested that a measurement of cubic feet might be more effective. He inquired if the increase in the diameter of brush to be picked up would cause difficulties. Ms. Green advised that there will be no difficulties as a result of these changes. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for October 14, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: SECOND READING OF ORDINANCES 1: Second readina of an ordinance to amend Section 8.1-6 of Chaoter 8.1 "Erosion and Sediment Control" of the Roanoke County Code to add certified landscaoe architect as ~ orofessional to oreoare erosion and sediment control olans. (Tarek Moneir. Deouty Director of Develoomentl 0-092308-3 Mr. Moneir advised that there have been no changes to the ordinance since the first reading. He added that this amendment will allow staff to accept erosion and sediment control plans from certified landscape architects and brings the ordinance into conformance with State code. 692 September 23, 2008 There was no discussion on this item. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 092308-3 AMENDING SECTION 8.1-6 OF CHAPTER 8.1 "EROSION AND SEDIMENT CONTROL" OF THE ROANOKE COUNTY CODE TO ADD CERTIFIED LANDSCAPE ARCHITECT AS A PROFESSIONAL TO PREPARE EROSION AND SEDIMENT CONTROL PLANS WHEREAS, Section 8.1-6 (a) (2) and (3) provide that an erosion and sediment control plan must be prepared by a professional engineer; and WHEREAS, Acts of Assembly 2006, Chapter 643 amended Section 54.1-409 of the State Code to provide that a certified landscape architect is authorized to prepare subdivision plans, site plans, plans of development including erosion and sediment control plans; and WHEREAS, the Roanoke County Code must be amended to conform with the State Code; and WHEREAS, the first reading of this ordinance was held on September 9, 2008, and the second reading was held on September 23, 2008. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 8.1-6 (a) (2) and (3) be amended to read and provide as follows: 2) Where the land-disturbing activity results in between five thousand (5,000) square feet and ten thousand (10,000) square feet and/or five hundred (500) to seven hundred fifty (750) cubic yards of disturbed area, either a plot plan prepared by a certified responsible land disturber or an engineered plan prepared by a professional engineer or a certified landscaDe architect showing the erosion and sediment control measures must be submitted and executed by the plan-approving authority. A certified responsible land disturber must be named. (3) Where the land-disturbing activity results in ten thousand (10,000) square feet or more and/or seven hundred fifty (750) cubic yards or more of disturbed area, an erosion and sediment control plan must be submitted which has been prepared by a professional engineer or a certified landscaDe architect. For disturbed areas of less than September 23, 2008 693 ten thousand (10,000) square feet, refer to the chart below to determine requirements for the site. TABLE INSET: Square And/Or Cubic Requirements Feet Yards <2,500 0 Exempt from E&S Plan; *building permit plot plan required 2,500-- 250-- "Agreement in Lieu" of a plan; permit fee; *building 5,000 500 permit plot plan required 5,000-- 500-- Certified RLD, *building permit plot plan by a 10,000 750 certified RLD, cerlified landscaDe architect. or a P.E.; permit fee Rill, Erosion and sediment control plan prepared >10,000 >750 by a P.E. or cerlified landscaDe architect, agreement; surety; a *building permit plot plan, if required by the building commissioner 2. That this ordinance shall be in effect from and after the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: APPOINTMENTS 1: Blue Ridae Behavioral Healthcare Chairman Flora advised that the three-year term of Linda H. Bannister, member at large, will expire on December 31, 2008, and that Ms. Bannister is not eligible for reappointment due to term limits. He added that the Blue Ridge Behavioral Healthcare Board is requesting ratification of the appointment of Larry Cadd as an at- large member. 694 September 23, 2008 It was the consensus of the Board to add the ratification of Larry Cadd's appointment to serve a three-year term as an at-large member beginning January 1, 2009, and expiring December 31,2011, to the Consent Agenda 2. Disability Services Board Chairman Flora advised that the three-year term of Debbie Pitts, County appointee, expires on December 31, 2008, and that Ms. Pitts has retired and is no longer eligible to serve on this Board. He reported that Mandi Smith, Therapeutic Recreation Supervisor for the Parks, Recreation, and Tourism Department, is willing to serve as the County's appointee. It was the consensus of the Board to add confirmation of the appointment of Mandi Smith, Parks & Recreation, to serve the unexpired portion of Debbie Pitts' current term and to serve an additional three-year term beginning January 1, 2009, and expiring December 31,2011, to the Consent Agenda 3. Library Board CaDDointed !ri: district) Chairman Flora advised that Lisa Boggess, who represents the Vinton District, has notified Supervisor Altizer that she is no longer a County resident and that her four-year term expires on December 31,2008. 4. Social Services Advisory Board CaDDointed !ri: district) Chairman Flora advised that the four-year term of Douglas C. Forbes, Vinton Magisterial District, expired on July 31, 2008, and that Mr. Forbes is not eligible for reappointment as he has served two consecutive terms. He added that the September 23, 2008 695 representative from the Catawba Magisterial District has resigned and that this four-year term expires on July 31, 2009. IN RE: CONSENT AGENDA R-092308-4 Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 092308-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 23, 2008 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 3 inclusive, as follows: 1. Approval of minutes-August 26, 2008 2. Confirmation of committee appointments 3. Request to accept and appropriate Division of Motor Vehicle Grants in the amount of $93,810 and Bureau of Justice Assistance Grant in the amount of $10,833 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 ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 696 September 23, 2008 IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaencv 4. Accounts Paid = Auaust 2008 2. Statement of expenditures and estimated and actual revenues for the month ended Auaust 31. 2008 3. Proclamations sianed !rl the Chairman CLOSED MEETING IN RE: At 3:30 p.m., Supervisor Flora moved to go into closed meeting pursuant to the Code of Virginia Section 2.2-3711.A.1 for the discussion and consideration of the employment and appointment of public officers, namely the County Administrator and the Clerk to the Board; Section 2.2-3711.A.7 for consultation with legal counsel pertaining to probable litigation, namely litigation with respect to enforcement of proffered conditions for a planned residential development; and Section 2.2-3711.A.3 for discussion of the disposition of publicly held real estate located in Jack Smith Industrial Park. The motion carried by the following recorded vote: September 23, 2008 697 AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None The closed meeting was held from 3:40 p.m. until 6:00 p.m. A dinner recess was declared from 4:40 p.m. until 4:55 p.m. IN RE: CERTIFICATION RESOLUTION R-092308-5 At 7:00 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 092308-5 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 698 September 23, 2008 IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1.: (CONTINUED UNTIL OCTOBER ~ 2008. AT THE REQUEST OF THE PLANNING COMMISSION) Second readina of an ordinance upon the petition of Starkey Medical. PC to modify existina proffered conditions in ! C-1 C. Office District with Conditions. on 1.241 acres located at 5681 Starkey Road. Cave Sprina Maaisterial District. (Philip Thompson. Deputy Director of Plannina) Chairman Flora advised that this item had been continued until October 28, 2008, at the request of the Planning Commission. 2. Second readina of an ordinance to amend Ordinance 0-120506-3 to accept the conveyance of ! total of 153.029 acres of real estate located on Read Mountain from Fralin & Waldron. Inc. (Pete Haislip. Director. Parks. Recreation and Tourism: Janet Scheid. Greenway Planner) 0-092308-6 Mr. Mahoney advised that Fralin and Waldron, Inc. donated acreage on Read Mountain several years ago for public park purposes; however, when staff began designing the trail system, it was found that the existing topography did not support the best trail layout. He reported that staff concluded the best course of action was to request an additional donation of land to complete the trail system which Fralin and September 23, 2008 699 Waldron has generously agreed to do and that the adoption of this ordinance is required to accept the donation of the additional land. There was no discussion on this item. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 092308-6 TO AMEND ORDINANCE 120506-3 TO ACCEPT THE CONVEYANCE OF A TOTAL OF 153.029 ACRES OF REAL ESTATE (PORTIONS OF TAX MAP NO. 39.00-01-01.05 AND 40.01-01-22.00) LOCATED ON READ MOUNTAIN FROM FRALIN & WALDRON, INC. TO THE BOARD OF SUPERVISORS WHEREAS, by Ordinance 120506-3, the Board of Supervisors accepted the donation to Roanoke County by Fralin and Waldron, Inc of a parcel of real estate consisting of 152.274 acres located on Read Mountain on December 5, 2006; and WHEREAS, an additional area of 0.755 acres has been determined to be necessary to permit completion of a trail system to provide adequate access and trailhead parking for the previously donated property on Read Mountain which has been generously agreed to by the owner; and WHEREAS, F & W Community Development Corp. will convey this additional property without cost to the County of Roanoke to permit the appropriate enjoyment of this portion of Read Mountain for the benefit of the citizens of and visitors to the Roanoke Valley; and WHEREAS, the acceptance of this conveyance is consistent with the adopted Community Plan, and it will support the open space and view shed protection policies and goals of the County and provide enhanced opportunities for passive recreational uses; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on September 9, 2008, and the second reading and public hearing will be held on September 23, 2008. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 700 September 23, 2008 1. That Ordinance 120506-3 is hereby amended to permit the acquisition by donation from F & W Community Development Corp. of an additional 0.755 acre parcel of real estate located on Read Mountain (Portions of Tax Map No. 040.00-01-22.00), in order to create a new parcel of 153.029 acres designated as "New Parcel 2-8-1" as designated on a plat of survey by Lumsden Associates, P.C., dated July 7, 2008, is hereby authorized and approved. The location of this parcel of 0.755 acres is shown on "SITE PLAN - READ MOUNTAIN PRESERVE" dated September 2,2008, attached as Exhibit "A". 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 3. Second readina of an ordinance upon the petition of Kroaer Limited Partnership to obtain ~ Special Use Permit in ! C-2. General Commercial District. to operate! drive-in and fast food restaurant on 18.02 acres located at 3940 Vallev Gatewav Boulevard. Vinton Maaisterial District. (Philip Thompson. Deputy Director of Plannina) 0-092308-7 Mr. Thompson advised that the petitioner is requesting a special use permit in order to lease space in one of their buildings at their Valley Gateway location to Dominos Pizza. He reported that Dominos Pizza is considered a fast food restaurant which requires a special use permit to operate at this location. He reviewed the zoning for the adjacent properties and advised that the future land use designation is core, heavy commercial use. September 23, 2008 701 Mr. Thompson advised that the Planning Commission held a public hearing on September 2, 2008, and that no citizens spoke. He reported that although the Planning Commission had some concerns, they recommended approval of the project with the following conditions: (1) the drive-in or fast food restaurant shall not exceed 1,400 square feet; (2) no drive-through window shall be constructed or installed; (3) there shall be no temporary signage on site; and (4) there shall be no parking of commercial vehicles with business advertisement on site. Supervisor Altizer inquired if condition 4 would create problems for the business's delivery vehicles. Mr. Mahoney advised that his understanding was that condition 4 would not apply to the business's delivery vehicles but rather to other vehicles. Mr. Thompson concurred. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 092308-7 GRANTING A SPECIAL USE PERMIT TO OPERATE A DRIVE-IN AND FAST FOOD RESTAURANT ON 18.02 ACRES LOCATED AT 3940 VALLEY GATEWAY BOULEVARD (TAX MAP NO. 50.01-1-5.8) VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF KROGER LIMITED PARTNERSHIP WHEREAS, Kroger Limited Partnership has filed a petition for a special use permit to operate a drive-in and fast food restaurant to be located at 3940 Valley Gateway Boulevard (Tax Map No. 50.01-1-5.8) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 2, 2008; and 702 September 23, 2008 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 26, 2008; the second reading and public hearing on this matter was held on September 23, 2008. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Kroger Limited Partnership to operate a drive-in and fast food restaurant to be located at 3940 Valley Gateway Boulevard in the Vinton 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 drive-in or fast food restaurant shall not exceed 1,400 square feet. (2) No drive-through window shall be constructed or installed. (3) There shall be no temporary signage on site. (4) There shall be no parking of commercial vehicles with business advertisement on site. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 4. Second readina of an ordinance electina to assume the power to consider petitions for the creation of Community Development Authorities (COAst (Paul Mahoney. County Attorney) 0-092308-8 Mr. Mahoney advised that there were no changes in the ordinance since the first reading. He advised that this ordinance is required by State code and is the enabling legislation. He reported that the Board was required to hold an advertised public hearing and that adoption of this ordinance is the first step the Board must take to September 23, 2008 703 grant itself the authority to consider petitions for the creation of CDAs. He added that this ordinance is the end result of a series of work sessions held by the Board and represents the beginning of the process. There was no discussion on this item. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 092308-8 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, ELECTING TO ASSUME THE POWER TO CONSIDER PETITIONS FOR THE CREATION OF COMMUNITY DEVELOPMENT AUTHORITIES WHEREAS, the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the "Act") empowers any county, by ordinance, to elect to assume the power to consider petitions for the creation of community development authorities in accordance with the Act; and WHEREAS, following a public hearing held in accordance with the Act, the Board of Supervisors of the County of Roanoke, Virginia, has determined that it is in the best interest of the County of Roanoke, Virginia (the "County") for the County to elect to assume such power to consider petitions for the creation of community development authorities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The County hereby elects to assume the power to consider petitions for the creation of community development authorities in accordance with the Act. 2. This Ordinance shall become effective upon adoption. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, certifies that the foregoing constitutes a true, complete, and correct copy of an Ordinance adopted at a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 23, 2008. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: 704 September 23, 2008 AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None 5. Second readina of an ordinance to accept the conveyance of three parcels of unimproved real estate for the extension of Huffman Lane. Route 761. Vinton Maaisterial District. and to authorize the addition thereof to the State Secondary System of Hiahwavs. (Paul Mahonev. County Attornev) 0-092308-9 Mr. Mahoney advised that this ordinance authorizes the acceptance of three parcels so that a cul-de-sac can be constructed and accepted into the Virginia Department of Transportation's Secondary Road System. He added that a correction to one of the tax map numbers had been made subsequent to the first reading but that otherwise there were no changes. There was no discussion on this item. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None September 23, 2008 705 ORDINANCE 092308-9 TO ACCEPT THE CONVEYANCE OF THREE PARCELS OF UNIMPROVED REAL ESTATE FOR THE EXTENSION OF HUFFMAN LANE, ROUTE 761, TO THE BOARD OF SUPERVISORS AND TO AUTHORIZE THE ADDITION THEREOF TO THE STATE SECONDARY SYSTEM OF HIGHWAYS WHEREAS, as part of the extension of Huffman Lane, State Route 761, as part of a Roanoke County's Rural Addition project funded in partnership with the Virginia Department of Transportation (VDOT), three adjacent land owners desired to donate portions of their property in fee simple to Roanoke for right-of-way purposes to permit the construction of a cul-de-sac at the terminus of Huffman Lane; and WHEREAS, James W. Logan, Jr. and Sheila H. Logan, Steven E. Greer and Patsy K. Greer, and Catherine L. McCain have freely and voluntarily entered into deeds to the Board of Supervisors of the County of Roanoke, Virginia, to thus allow the Board of Supervisors to obtain ownership of each property for purposes road construction upon approval of this ordinance and recordation of a deed; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests to the County of Roanoke be accomplished by ordinance; the first reading of this ordinance was held on September 9,2008, and the second reading and public hearing was held on September 23,2008. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from James W. Logan, Jr. and Sheila H. Logan of approximately 0.0087 acres of real estate for purposes of location and construction of extensions and improvements of Huffman Lane, Route 761, as shown on a plat entitled "PLAT SHOWING RIGHT-OF-WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY JAMES W. JR. & SHEILA H. LOGAN ROANOKE COUNTY TAX MAP PARCEL #80.00-02-25.00 SITUATED ALONG HUFFMAN LANE, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA" dated July 15, 2008; is hereby authorized and approved. 2. That the acquisition from Steven E. and Patsy K. Greer of approximately 0.0283 acres of real estate for purposes of location and construction of extensions and improvements of Huffman Lane, Route 761, as shown on a plat entitled "PLAT SHOWING RIGHT-OF-WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY STEVEN E. & PATSY K. GREER ROANOKE COUNTY TAX MAP PARCEL #80.00-02-21.00 SITUATED ALONG HUFFMAN LANE, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA" dated July 15, 2008, is hereby authorized and approved. 3. That the acquisition from Catherine L. McCain of approximately 0.1203 acres of real estate for purposes of location and construction of extensions and improvements of Huffman Lane, Route 761, as shown on a plat entitled "PLAT SHOWING RIGHT-OF-WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY CATHERINE L. McCAIN ROANOKE COUNTY TAX MAP PARCEL #80.03-01-26.00 SITUATED 706 September 23, 2008 ALONG HUFFMAN LANE, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA" dated July 15, 2008, is hereby authorized and approved. 4 That the addition of the extension and improvement of Huffman Lane, Route 761, to the Secondary System of State Highways of the Commonwealth of Virginia is hereby intended upon the recordation of the deeds from the above described land owners to the Board of Supervisors of Roanoke County, Virginia, and approval of a resolution for this Rural Road Addition. 5 That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore: She advised the residents of Penn Forest that the silencers for Mennel Mill have been delivered and their installation is being scheduled. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 7:12 p.m. Submitted by: Approved by: I,~ ~(;"'~ J2 c ~ ~ Richard C. Flora Chairman . randt, CPS nt Deputy Clerk