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HomeMy WebLinkAbout11/19/2019 - Regular November 19, 2019 453 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the third Tuesday and the second regularly scheduled meeting of the month of November 2019. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: OPENING CEREMONIES Before the meeting was called to order a moment of silence was observed. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman North called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Phil C. North; Supervisors George G. Assaid, Martha B. Hooker, David F. Radford and P. Jason Peters MEMBERS ABSENT: None STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard Caywood, Assistant County Administrator; Rebecca Owens, Assistant County Administrator, Peter S. Lubeck, Acting County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of Bane International Company, LLC to obtain a Special Use Permit in a AG-3, Agricultural/Rural Preserve, District to operate a campground on approximately 48.06 acres, located at 2745 Loch Haven Lake Drive, Catawba Magisterial District November 19, 2019 454 Supervisor Hooker’s motion to approve the first reading and set the second reading for December 17, 2019, was seconded by Supervisor Peters and approved by the following vote: AYES: Supervisor Assaid, Hooker, Radford, Peters, North NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance approving a lease with AMC Investors, Inc. for placement of County Communications and Information Technology infrastructure(Bill Hunter, Director of Communications and Information Technology) Mr. Hunter outlined the request for ordinance. There was no discussion. Supervisor Peters’ motion to approve the first reading and set the second reading for December 17, 2019, was seconded by Supervisor Hooker and approved by the following vote: AYES: Supervisor Assaid, Hooker, Radford, Peters, North NAYS: None 2. Ordinance approving the purchase of 30 Chestnut Ridge Road (Tax Map Number 080.00-05-19.02-0000) from Elizabeth Austin Talbott and authorizing the execution of a Contract of Purchase, Vinton Magisterial District (Doug Blount, Director of Parks, Recreation and Tourism) Mr. Blount outlined the request for ordinance. There was no discussion. Supervisor Peters’ motion to approve the first reading and set the second reading for December 17, 2019, was seconded by Supervisor Hooker and approved by the following vote: AYES: Supervisor Assaid, Hooker, Radford, Peters, North NAYS: No November 19, 2019 455 IN RE: SECOND READING OF ORDINANCES 1. Ordinance authorizing the granting of a new variable width dam and stormwater maintenance easement to the Board of Supervisors of Roanoke County, on property owned by the Roanoke County Public School Board, located at 500 Titan Trail, in the Windsor Hills Magisterial District, and authorizing a Memorandum of Understanding for the Hidden Valley Regional Stormwater Maintenance Facility, between the Roanoke County Public School Board and the Roanoke County Board of Supervisors (Tarek Moneir, Acting Director of Development Services) Mr., Moneir advised there were no changes since the first reading. There was no discussion. ORDINANCE 111919-1 AUTHORIZING THE GRANTING OF A NEW VARIABLE WIDTH DAM AND STORMWATER MAINTENANCE EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, ON PROPERTY OWNED BY THE ROANOKE COUNTY PUBLIC SCHOOL BOARD, LOCATED AT 500 TITAN TRAIL (TAX MAP NOS. 76.20-06-16.00-0000; 86.07-01-01.00-0000; 86.08-04-33.00-0000), IN THE WINDSOR HILLS MAGISTERIAL DISTRICT AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING, FOR THE HIDDEN VALLEY REGIONAL STORMWATER MANAGEMENT FACILITY, BETWEEN ROANOKE COUNTY PUBLIC SCHOOL BOARD AND THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, in 2002, pursuant to the Roanoke Valley Regional Storm Water Management Master Plan, and with the Roanoke County Public Schools’ permission, the County constructed a regional storm water management facility (the “Regional Facility”), which is located on the property of Hidden Valley High School at 500 Titan Trail, Roanoke, VA 24018; and WHEREAS, the Regional Facility includes a dam that is regulated by the Virginia Department of Conservation and Recreation, Division of Dam Safety and Floodplain Management; and WHEREAS, since its construction of the Regional Facility, the County, with the Public Schools’ permission, has inspected and maintained the Regional Facility; and November 19, 2019 456 WHEREAS, the County is presently willing to continue to inspect and assist the Public Schools in maintaining the Regional Facility, and the School Board desires for the County to continue to do so; and WHEREAS, the School Board and the County have agreed that the School Board should convey an easement to the County to enable the County to continue to perform such inspections and maintenance; and WHEREAS, the first reading of this ordinance was held on November 6, 2019, and the second reading was held on November 19, 2019. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the receipt of a new variable width dam and stormwater maintenance easement on property located at 500 Titan Trail (Tax Map Nos. 76.20-06- 16.00-0000; 86.07-01-01.00-0000; 86.08-04-33.00-0000), in the Windsor Hills Magisterial District, from the Roanoke County Public School Board, is hereby authorized and approved. 2. That the County Administrator, or any Assistant County Administrator, either of whom may act, are authorized to execute, deliver and record the deed and a memorandum of understanding that sets forth the County’s and the School Board’s responsibilities, and any other documents on behalf of the County, and to take all such further action as any of them may deem necessary or desirable in connection with this project. 3. That this ordinance shall be in full force and effect upon its final passage. On motion of Supervisor Radford to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 2. Ordinance approving a greenway easement to Roanoke County on property owned by Mattie Oliver Bower (Tax Map No. 36.00-01- 03-0000) for the purpose of the Hinchee Trail (Doug Blount, Director of Parks, Recreation and Tourism) Mr. Blount advised no changes since first reading. There was no discussion. ORDINANCE 111919-2 APPROVING A GREENWAY EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY MATTIE OLIVER BOWER (TAX MAP NO. 036.00-01-03.00-0000) FOR PURPOSE OF THE HINCHEE TRAIL November 19, 2019 457 WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, Mattie Oliver Bower has agreed to provide a fifty foot (50’) wide greenway easement for the Hinchee Trail over a portion of her property located at 1904 Timberview Road, Tax Map No. 036.00-01-03.00-0000, in exchange for $1,065; and WHEREAS, the approval of this easement is the final step in completing the grant process for the Hinchee Trail project; and WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the Virginia Land Conservation Fund (VLCF) grant in the amount of $532.50; and WHEREAS, the remaining $532.50 is available through the Roanoke County matching funds in the grant project account; and WHEREAS, Section 18.04 of the Roanoke County Charter requires that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading for this ordinance was held on November 6, 2019. The second reading of this ordinance was held on November 19, 2019. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The conveyance of an easement to the Roanoke County Board of Supervisors from Mattie Oliver Bower in exchange for $1,065 across property situated along 1904 Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Tax Map No. 036.00-01-03.00-0000 is hereby approved. 2. Per the agreement of the parties, Roanoke County will be responsible for maintenance of the greenway easement. 3. The County Administrator, or any Assistant County Administrator, is hereby authorized, on behalf of the County, to execute and then deliver the Deed of Easement and any other necessary documents in furtherance of same. On motion of Supervisor Peters to adopt the Hooker, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 4. Ordinance approving a greenway easement to Roanoke County on property owned by David L. Kinsey and Frank C. Kinsey (Tax Map No. 025.00-01-08.00-0000) for purpose of the Hinchee Trail (Doug Blount, Director of Parks, Recreation and Tourism) Mr. Blount advised no changes since the first reading. There was no discussion November 19, 2019 458 ORDINANCE 111919-3 APPROVING A GREENWAY EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY DAVID L. KINSEY AND FRANK C. KINSEY (TAX MAP NO. 025.00-01-08.00-0000) FOR PURPOSE OF THE HINCHEE TRAIL WHEREAS, the Hinchee Trail is identified project in the 2018 update to the Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, the Kinsey family has agreed to provide a fifty foot (50’) wide greenway easement for the Hinchee Trail over a portion of their property located at 0 Timberview Road, Tax Map No. 025.00-01-08.00-0000, in exchange for $2,900; and WHEREAS, the approval of this easement is the final step in completing the grant process for the Hinchee Trail project; and WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the Virginia Land Conservation Fund (VLCF) grant in the amount of $1,450; and WHEREAS, the remaining $1,450.00 is available through the Roanoke County matching funds in the grant project account; and WHEREAS, Section 18.04 of the Roanoke County Charter requires that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading for this ordinance was held on November 6, 2019. The second reading of this ordinance was held on November 19, 2019. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The conveyance of an easement to the Roanoke County Board of Supervisors from David L. Kinsey and Frank C. Kinsey in exchange for $2,900 across property situated along 0 Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Tax Map No. 025.00-01-08.00-0000 is hereby approved. 2. Per the agreement of the parties, Roanoke County will be responsible for the maintenance of trail through the easement, and the Kinsey family will still have access to their property through the Hinchee Trail by vehicle if needed. 3. The County Administrator, or any Assistant County Administrator, is hereby authorized, on behalf of the County, to execute and then deliver the Memorandum of Understanding and any other necessary documents in furtherance of same. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None November 19, 2019 459 4. Ordinance approving a greenway easement to Roanoke County on property owned by Ms. Garnette A. Stewart (Tax Map No. 036.00-01-02.00-0000) for the purpose of the Hinchee Trail (Doug Blount, Director of Parks, Recreation and Tourism) Mr. Blount advised no changes since the first reading. There was no discussion. ORDINANCE 111919-4 APPROVING A GREENWAY EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY GARNETTE A. STEWART (ALSO KNOWN OF RECORD AS GARNETTE ANN LAYNE ROSS) (TAX MAP NO. 036.00-01-04.02-0000) FOR PURPOSE OF THE HINCHEE TRAIL WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, Garnette A. Stewart has agreed to provide a fifty foot (50’) wide greenway easement for the Hinchee Trail over a portion of her property located at 1975 Virginia Deer Road, Tax Map No. 036.00-01-04.02-0000, in exchange for $7,400; and WHEREAS, the approval of this easement is the final step in completing the grant process for the Hinchee Trail project; and WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the Virginia Land Conservation Fund (VLCF) grant in the amount of $3,700; and WHEREAS, the remaining $3,700 is available through the Roanoke County matching funds in the grant project account; and WHEREAS, Section 18.04 of the Roanoke County Charter requires that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading for this ordinance was held on November 6, 2019. The second reading of this ordinance was held on November 19, 2019. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The conveyance of an easement to the Roanoke County Board of Supervisors from Garnette A. Stewart in exchange for $7,400 across property situated along 1975 Virginia Deer Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Tax Map No. 036.00-01-04.02-0000 is hereby approved. 2. Per the agreement of the parties, Roanoke County will be responsible for the maintenance of trail through the easement, and Roanoke County will further be responsible for the snow removal on the greenway easement and the November 19, 2019 460 property’s driveway during the life of Ms. Stewart and her daughter Rebecca R. Tran. 3. The County Administrator, or any Assistant County Administrator, is hereby authorized, on behalf of the County, to execute and then deliver the Deed of Easement and any other necessary documents in furtherance of same. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 5. Ordinance approving a greenway easement to Roanoke County on property owned by Tu Anh and Rebecca R. Tran (Tax Map No. 036.00-01-04.01-0000 and 036.00-01-04.00-0000) for the purpose of the Hinchee Trail (Doug Blount, Director of Parks, Recreation and Tourism) Mr. Blount advised there were no changes since the first reading. There was no discussion. ORDINANCE 111919-5 APPROVING A GREENWAY EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY TU ANH AND REBECCA R. TRAN (TAX MAP NOS. 036.00-01-04.01-0000 AND 036.00-01-04.00- 0000) FOR PURPOSE OF THE HINCHEE TRAIL WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, the Tran family has agreed to provide a fifty foot (50’) wide greenway easement for the Hinchee Trail over a portion of their property located at 0 Virginia Deer Road, Tax Map Nos. 036.00-01-04.01-0000 and 036.00-01-04.00-0000, in exchange for $1,900; and WHEREAS, the approval of this easement is the final step in completing the grant process for the Hinchee Trail project; and WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the Virginia Land Conservation Fund (VLCF) grant in the amount of $950; and WHEREAS, the remaining $950 is available through the Roanoke County matching funds in the grant project account; and WHEREAS, Section 18.04 of the Roanoke County Charter requires that the acquisition and conveyance of real estate interests be accomplished by ordinance; the November 19, 2019 461 first reading for this ordinance was held on November 6, 2019. The second reading of this ordinance was held on November 19, 2019. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The conveyance of an easement to the Roanoke County Board of Supervisors from Tu Anh and Rebecca R. Tran in exchange for $1,900 across property situated along 0 Virginia Deer Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Tax Map Nos. 036.00-01-04.01-0000 and 036.00- 01-04.00-0000 is hereby approved. 2. Per the agreement of the parties, Roanoke County will be responsible for the maintenance of the greenway easement. 3. The County Administrator, or any Assistant County Administrator, is hereby authorized, on behalf of the County, to execute and then deliver the Deed of Easement and any other necessary documents in furtherance of same. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Fellowship Community Church to rezone property to remove the proffered conditions and to obtain a special use permit for a religious assembly on approximately 3.50 acres zoned C-2C, High Intensity Commercial, District with conditions, located near the 6500 block of Merriman Road, Cave Spring Magisterial District (Philip Thompson, Acting Director of Planning) Mr. Thompson outlined the petition. Supervisor Radford asked about signage to which Mr. Thompson advised they had looked at Colonial Avenue. The petitioner proved a brief overview. Chairman North opened and closed the public hearing with no citizens speaking on this issue. ORDINANCE 111919-6 REZONING APPROXIMATELY 3.50 ACRES TO REMOVE PROFFERED CONDITIONS FROM PROPERTY ZONED C-2C (HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS), AND GRANT A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON PROPERTY November 19, 2019 462 LOCATED NEAR THE 6500 BLOCK OF MERRIMAN ROAD (TAX MAP NO. 097.01-02-12.00-0000), CAVE SPRING MAGESTERIAL DISTRICT WHEREAS, in 1988, this property (located near the 6500 block of Merriman Road, Tax Map No. 097.01-02-12.00-0000) was rezoned from M-1 (Light Industrial District) to B-2 (General Commercial District), with eight proffered conditions, for the purposes of constructing a neighborhood shopping center; and WHEREAS, the neighborhood shopping center was never constructed; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2019 and subsequently recommended approval of the proposed rezoning and special use permit; and WHEREAS, the first reading of this ordinance was held on October 22, 2019, and the second reading and public hearing were held November 19, 2019; 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 eight proffered conditions from the 1988 rezoning listed below HEREBYREMOVED. (and struck through) are now a) The property will not be used for any of the following purposes: convenience store, hotel, motel, theater, assembly hall, motor vehicle dealership, funeral home, commercial kennel, home for adults, hospital, nursing home, flea market, or public dance hall. b) Access to Merriman Road (Route 613) will be limited to not more than two points along the frontage of the property. c) No signs other than those advertising businesses located on the subject property will be erected on the property. d) Petitioner will comply with applicable limitations on size, number and location of signs and in addition agrees that freestanding or nylon signs on the property will be limited to either (a) one sign of not more than two hundred (200) square feet or (b) two signs, one of not more than one hundred forty (140) square feet and the other of not more than eighty (80) square feet. e) Parking areas will be aesthetically treated with landscaping and/or planting areas. f) All dumpster sites will be screened. g) The maximum height of light poles on the property will be thirty (30) feet. Lighting will be directed onto the parking areas, and the maximum light level at the property line adjacent to properties being used for residential purposes shall not exceed one (1) foot candle. November 19, 2019 463 h) Use of the property will include a supermarket of 25,000 square feet or more. 2. The Board finds that the granting of the special use permit for religious assembly on the 3.50 acres of property located 6500 block of Merriman Road (Tax Map No. 097.01-02-12.00-0000) in the Cave Spring Magisterial District, is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the Code of Virginia, as amended, that it shall have a minimum adverse impact on the surrounding neighborhood or community, and the Board further finds that it has given due consideration to the factors set forth in Section 30-19-1 of the Roanoke County Code. Accordingly, the special use permit is APPROVED, with the following conditions: a) The site shall be developed in substantial conformance with the Development Conceptual Plan for Fellowship Church – Merriman, as prepared by Brushy Mountain Engineering, PLLC and dated September 9, 2019, subject to any changes required by Roanoke County during the Site Plan review process. b) All freestanding light poles and fixtures shall not exceed fourteen feet in height above grade. Lighting shall be shielded ad directed downward and arranged so glare is not cast onto adjoining properties. c) Any freestanding signage shall be limited to one monument style sign not to exceed five feet in height and seven feet in width and a maximum size of thirty five square feet. 3. 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 Hooker to adopt the ordinance, seconded by Supervisor Assaid and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 2. The petition of David and Stace Todd to obtain a special use permit in a R-1, Low Density Residential, District to comply with the use and design standards associated with an accessory apartment in an accessory building on approximately 0.346 acre, located at 1047 Barrens Village Court, Hollins Magisterial District (Philip Thompson, Acting Director of Planning) November 19, 2019 464 Mr. Thompson outlined the petition. Supervisor Radford inquired if this had to go back through the Board of Zoning Appeals (BZA) with Mr. Thompson responding in the negative. Petitioner was in attendance and provided an overview. Additionally advised they have submitted new plans, new permit will be issued as an assessor apartment. Chairman North opened and closed the public hearing with the no citizens to speak. ORDINANCE 111919-7 GRANTING A SPECIAL USE PERMIT FOR AN ACCESSORY APARTMENT TO COMPLY WITH THE USE AND DESIGN STANDARDS ASSOCIATED WITH AN ACCESSORY APARTMENT IN AN ACCESSORY BUILDING ON A 0.346 ACRE PARCEL LOCATED AT 1047 BARRENS VILLAGE COURT (TAX MAP NO. 027.09-06-42.00-0000), HOLLINS MAGISTERIAL DISTRICT WHEREAS, David and Stace Todd have an accessory building on their property located at 1047 Barrens Village Court (Tax Map # 027.09-06-42.00-0000), in the Hollins Magisterial District; and WHEREAS, David and Stace Todd have constructed an addition on the accessory building and converted it to an accessory apartment; and WHEREAS, the accessory apartment does not meet principal structure setback requirements; and WHEREAS, David and Stace Todd, the applicants, have filed a petition for a special use permit to allow the accessory apartment within an accessory building on their property; and WHEREAS, the Planning Commission held a public hearing on this matter on November 4, 2019; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 22, 2019; and a second reading and public hearing on this matter on November 19, 2019. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that granting a special use permit to David and Stace Todd for an accessory apartment within an accessory building located at 1047 Barrens Village Court (Tax Map # 027.09-06-42.00-0000) (Hollins 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 Code of Virginia, as amended, that it shall have a minimum adverse impact on the surrounding neighborhood or community, and the Board further finds that it November 19, 2019 465 has given due consideration to the factors set forth in Section 30-19-1 of the Roanoke County Code. Accordingly, the special use permit is APPROVED. 2. The granting of the Special Use Permit does not waive the requirements that David and Stace Todd reactivate their County building permit for the accessory building, meet all accessory apartment use and design standards, complete all required inspections, and obtain a certificate of occupancy for the accessory apartment. 3. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. 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 Peters to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None N RE: CONSENT AGENDA RESOLUTION 111919-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for November 19, 2019, designated as Item I - 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. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2020 2. Request to accept and allocate grant funds in the amount of $15,000 from Appalachian Power's Economic Development Growth Enhancement (EDGE) Grant Program 3. Resolution supporting Virginia's Great Valley Lewis & Clark Eastern Legacy Trail (VGV-LCELT) 4. Resolution accepting and approving recommended changes to the Comprehensive Financial Policy November 19, 2019 466 5. Resolution supporting the Blue Ridge Parkway Closure from Milepost 91 to Milepost 112 on June 7, 2020, for the Carilion Clinic Ironman 70.3 Virginia's Blue Ridge Race On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None RESOLUTION 111919-8.a ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2020 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2020, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 14, 2020 at 2:00 pm (Organizational Meeting) Tuesday, January 14, 2020 at 3 pm Tuesday, January 28, 2020 at 3 pm and 7 pm Tuesday, February 11, 2020 at 3 pm Tuesday, February 25, 2020 at 3 pm and 7 pm Tuesday, March 10, 2020 at 3 pm Tuesday, March 24, 2020 at 3 pm and 7 pm Tuesday, April 14, 2020 at 3 pm Tuesday, April 28, 2020 at 3 pm and 7 pm Tuesday, May 12, 2020 at 3 pm Tuesday, May 26, 2020 at 3 pm and 7 pm Tuesday, June 9, 2020 at 3 pm Tuesday, June 23, 2020 at 3 pm and 7 pm Tuesday, July 14, 2020 at 3 pm Tuesday, July 28, 2020 at 3 pm and 7 pm Tuesday, August 11, 2020 at 3 pm Tuesday, August 25, 2020 at 3:00 pm and 7 p.m. November 19, 2019 467 Tuesday, September 8, 2020 at 3 pm Tuesday, September 22, 2020 at 3 pm and 7 pm Tuesday, October 6, 2020 at 3 pm Tuesday, October 20, 2020 at 3 pm and 7 pm Wednesday, November 4, 2020 at 3 pm Tuesday, November 17, 2020 at 3 pm and 7 pm Tuesday, December 1, 2020 at 3 pm Tuesday December 15, 2020 at 3 pm and 7 pm 2. That the organizational meeting for 2021 shall be held on Tuesday, January 12, 2021, at 2:00 p.m. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None A-111919-8.b RESOLUTION 111919-8.c SUPPORTING VIRGINIA’S GREAT VALLEY LEWIS & CLARK EASTERN LEGACY TRAIL (VGV- LCELT) WHEREAS, in 1978, Congress established the Lewis & Clark National Historic Trail (LCNHT) from Wood River, Illinois to the mouth of the Columbia River in Oregon; and WHEREAS, in 2008, as a result of the positive tourism and economic impact of the LCNHT on trail communities, as well as a growing interest in knowing the Explorers’ whole life stories, Congress authorized a feasibility study to be conducted by the National Park Service (NPS) to determine if the Lewis & Clark National Historic Trail should be extended eastward to include routes and sites associated with the preparation and return phases of the Lewis & Clark Corps of Discovery Expedition; and WHEREAS, on December 10, 2012, the Deputy Secretary of Natural Resources of the Commonwealth, on behalf of the Office of Governor, confirmed Virginia’s continued commitment to developing national historic trails; and WHEREAS, the National Park Service has collected a substantial amount of historical data concerning the travels of Captain Meriwether Lewis & Second Lieutenant William Clark in Virginia before and after the Expedition, either together or independently and for personal or business reasons, and for which the Great Valley Road was a frequent pathway when arriving in or returning from the state; and WHEREAS, in approximately 2013 and 2014, the National Park Service published maps of the Explorers’ route along the Great Valley Road that noted: the November 19, 2019 468 years they traveled in 1803, 1806 -1810, and 1812-1814; their route(s) through the counties of Washington, Smyth, Wythe, Pulaski, Montgomery, Roanoke, Botetourt, Rockbridge, Augusta, and Albemarle, as well as through cities and towns such as, but not limited to, Bristol, Abingdon, Marion, Wytheville, Pulaski, Christiansburg, Salem, Roanoke, Fincastle, Lexington, Greenville, Staunton, and Charlottesville; and, noted forty-four or more historic sites, including extant structures, locations of non-existing structures, river crossings, ferries utilized, of which many were visited by one or both Explorers; and WHEREAS, in late 2014, the National Park Service hinted and later decided to exclude the Virginia Great Valley Road route as an eastward extension of the Lewis & Clark National Historic Trail, recommending instead the water trail to and from Pittsburgh via the Mississippi/Ohio Rivers; and WHEREAS, in response to the National Park Service decision, the Committee for the Virginia Great Valley Lewis & Clark Eastern Legacy Trail sought assistance from Virginia Delegate Terry Austin who, having obtained fifty signatures of legislators as signatories, obtained passage of HJ # 566 in February 2015; that resolution having “… designate\[d\] the portion of the Lewis & Clark National Historic Trail that runs through the Commonwealth as the Lewis & Clark Eastern Legacy Trail in Virginia,” and further resolved “That the Clerk of the House of Delegates post the designation of the Lewis & Clark Eastern Legacy Trail in Virginia on the General Assembly’s website;” and WHEREAS, a multi-disciplinary effort undertaken at the grassroots level by dedicated volunteers with guidance and assistance from the Virginia Departments of Conservation & Recreation, Historic Resources, Transportation, and the Virginia Tourism Corporation, along with other stakeholders at the local, state, and national level, has given almost nine years’ work to develop and implement a Virginia Great Valley Lewis & Clark Eastern Legacy Trail; and WHEREAS, in the past year, an additional seventeen Virginia counties have been identified as also being traveled by the Explorers, including fourteen that are east and north of Charlottesville and Richmond, two in far Southwest Virginia, and one in Western Virginia; and WHEREAS, the Town of Urbanna of Middlesex County has begun to organize like the Virginia communities along the Virginia Great Valley Road route by selecting a Lewis & Clark project Chair and establishing a working committee; and WHEREAS, the Mission of the Virginia Great Valley Lewis & Clark Eastern Legacy Trail, as established by the Committee for Virginia’s Great Valley Lewis & Clark Eastern legacy Trail, in collaboration with Virginia’s Lewis & Clark Trail Partners, is relevant to an expanded trail of an additional seventeen Lewis & Clark traveled counties as follows: To expand heritage tourism and economic development in the Commonwealth by: November 19, 2019 469  Identifying and preserving the routes the Explorers traveled before and after the Expedition;  Honoring and celebrating the connections of Meriwether Lewis & William Clark to Virginia, and to the people & places they visited during their travels;  Recognizing the Virginia members of the Corps of Discovery who were from or returned to Virginia localities along the Great Valley Road; and,  Encouraging citizen awareness and trail exploration in Virginia & beyond THEREFORE, BE IT RESOLVED that the undersigned support the Mission of the Virginia Great Valley Lewis & Clark Eastern Legacy Trail; and, in partnership with communities along Virginia’s Great Valley Lewis & Clark Eastern Legacy Trail, and other trail partners at the local, state, and national levels, endorse the request for funding from the 2020 General Assembly to staff and support operations for the continued development, implementation, and promotion of not only Virginia’s Great Valley Lewis & Clark Eastern Legacy Trail, its related historic sites, locations and people visited along the trail route, but to also continue the development and implementation of the additional seventeen Lewis & Clark-traveled counties to achieve a future “Virginia Lewis & Clark Eastern Legacy Trail.” On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None A-111919-8.d RESOLUTION 111919-8.e SUPPORTING THE BLUE RIDGE PARKWAY CLOSURE FROM MILEPOST 91 TO MILEPOST 112 ON JUNE 7, 2020 FOR THE CARILION CLINIC IRONMAN 70.3 VIRGINIA’S BLUE RIDGE RACE WHEREAS, the 469-mile Blue Ridge Parkway joins the Shenandoah National Park in Virginia with the Great Smoky Mountains National Park in North Carolina; and WHEREAS, The Blue Ridge Parkway connects directly with many adjacent communities in Virginia’s Blue Ridge; and WHEREAS, The Ironman Group, Carilion Clinic and Virginia’s Blue Ridge have developed a partnership to offer a signature racing event on June 7, 2020; and WHEREAS, The Carilion Clinic Ironman 70.3 Virginia’s Blue Ridge race will have an estimated nine-million-dollar economic impact to the region with over twenty-five hundred athletes participating in the race and over ten thousand spectators attending the race; and November 19, 2019 470 WHEREAS, The event will take place in Botetourt County, Roanoke City, Town of Vinton and Roanoke County; and WHEREAS, The surrounding jurisdictions and The Ironman Group have identified the most ideal bike route using a section of the Blue Ridge Parkway from milepost 91 to 112 for a portion of the race route; and WHEREAS, The National Park Service will meet its mission through this request by cooperating with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation through its parks across the United States; and NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors requests the National Park Service allow the closure from Parkway milepost 91 to 112 on June 7, 2020 for the Carilion Clinic Ironman 70.3 Virginia’s Blue Ridge race. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS William Skaff of 4815 Farmington Place Court stated in October, Planning Commissioner and now Supervisor-Elect Paul Mahoney gave an important interview with WFIR radio in which he eloquently summarized the justification used by all supporters of Reimagine 419. “I’d like to emulate what Roanoke City has done . . . in terms of multi-use development now in downtown. If you look back 10 to 15 years ago, downtown Roanoke City was a dead zone at 5:00 during the weekdays. Now you have young people living downtown, whether in apartments or condominiums. It’s a very active, vibrant community. . . . If Roanoke County can emulate that in a Reimagine 419 approach, that will go a long way to helping Roanoke County expand its redevelopment initiative in that area.” At this point, the interviewer asked Supervisor-Elect Mahoney if the County should worry that, by some perceptions, the County does not have the City’s “coolness factor” for young adults, who, for instance, frequent “the many brew pubs around” the region. Supervisor-Elect Mahoney gave a very perceptive answer. “We may not be ‘cool’ because Roanoke County is basically a suburban jurisdiction. And so, when you’re younger and right out of college, it’s ‘cool’ to be living downtown and going to the bars and restaurants all the time. But as you get a little older—you get married, you have children—where do you want to be? Well, you want to move to a jurisdiction where you have nice subdivisions, you have nice homes. . . . Roanoke County has always been known for that. Roanoke County has been known for its excellent school system. So, when the ‘cool kids’ reach a point when they get married and have children of their own, they’re looking for a different place to live, a different environment to live, November 19, 2019 471 and most importantly an excellence in a public education system, and that’s what Roanoke County has.” Now doesn’t this explain why, as the Planning Department continually reminds us, the population of Roanoke County tends to be older when compared to Roanoke City, and why this is a success rather than a failure, and an asset rather than a liability? After all, family growth and salary levels drive business volume, which, in turn, attracts more businesses. The question naturally arises, would it not be more advantageous for Roanoke County to regard Roanoke City as a source for its prospective residents, rather than trying to replicate it? Let the City cope with the “cool kids” as they live through their “coolness” phase of bar culture and limited salaries. When they finally get serious about life, get married, want to start a family, seek high- quality housing and schools, and wish to escape from the “cool kids” they have outgrown, we then welcome them into our neighborhoods. In light of this, I respectfully ask the Board to abandon its support for the current Reimagine 419 Plan and request a plan that encourages stability and wealth creation. Otherwise we will be witnessing the incongruous spectacle of formerly “cool” parents driving with their children through the Reimagine 419 streets of the Tanglewood Mall parking lot past the bars and revelers on their way to the Carilion Clinic pediatric center. In fact, the Board should evaluate carefully the remaining 12 density development town centers across the County contemplated by the Planning and Economic Development Departments. Otherwise, the County may eventually cease to be the destination community for mature, high-income adults. IN RE: REPORTS Supervisor Peters moved to receive and file the following reports. The motion was seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of October 31, 2019 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of October 31, 2019 5. Accounts Paid – October 31, 2019 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of October 31, 2019 November 19, 2019 472 IN RE: CLOSED MEETING At 3:32 p.m., Supervisor North moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 7, Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, namely a vendor providing goods or services. The motion was seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None Chairman North recessed the meeting to the fourth floor at 3:33 p.m. for Closed Session. IN RE: CERTIFICATION RESOLUTION At 7:01 p.m., Chairman North called the evening session to order. Supervisor Peters moved to adopt the certification resolution. RESOLUTION 111919-9 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 member’s 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 Peters to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: November 19, 2019 473 AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. The petition of Roanoke Valley Resource Authority to obtain a special use permit for a sanitary landfill on approximately 8.05 acres zoned AG-3, Agricultural/Rural Preserve, District and to amend the special use permit for an existing sanitary landfill (Smith Gap Landfill) on approximately 886.80 acres zoned AG-3S, Agricultural/Rural Preserve, District with a special use permit, located on the northwest side of Fort Lewis Mountain between Smith Gap, and Bradshaw Road, Catawba Magisterial District (Philip Thompson, Acting Director of Planning) Mr. Thompson outlined the request for petition. Supervisor Hooker inquired regarding fire and rescue with the new road, will be taken care of during the process. If there was a road built, it would be taken care of during that building permitting process. Mr. Thompson stated it is his understanding about the access to the road; some places in the rail corridor there are roads that cross it. Mr. Daniel D. Miles, CEO of Roanoke Valley Resource Authority stated there is one private road and an ATV road to the ATV Club. Mr. Thompson further advised Williby Road is the one in the County where it crosses the rail-line. He believes there are some gates, etc. He would imagine that emergency services would have a way to access that road Supervisor Hooker then asked when he was talking about eliminating some of the preamble, one thing that she was particularly impressed and reminiscent over was on page 85 of that original document. It was label RVRA priorities and she looked at it as if it were a mission statement. Was that kept; because Mr. Thompson was saying some of the language had been deleted because it is did not seem relevant any longer, but she feels that it is relevant. Mr. Thompson stated it was not in the permit conditions and they only looked at permit conditions. Ms. Hooker stated it may be something that we want to look at again. She then stated there were some questions about Bradshaw Road and coming in from North Fork Road. How many residents live from North Fork Road to Smith Gap from that direction? Mr. Thompson advised he did not know as that is the Montgomery County side. So, we will wait for the petitioner. Do you know how many residents live along the rail corridor? Mr. Thompson did not know. November 19, 2019 474 Supervisor Peters stated you spoke about fire services and public water. Is there public sewer and water? Mr. Thompson responded there is a well and a potable water system that is in place, but it is off of a well. It was part of the requirements that we copied over. The part that was changed was (1) would be designed to Roanoke County standards, which was when we had a utility department. It is already in place, so it is already designed and it had a provision that we could assume the ownership of it. We would not want to do that. Those are the things regarding fire service were taken out of that section and from the existing document. It also referred to a section of the State Code, 15.1, which back then the Code Section referred to. Now it is 15.2. That section talks about the extension of water and making sure it is not done unless it is in compliance with the comp plan. All we did was take out the reference to the State Code and put the reference regarding the extension cannot be done unless it is in compliance with the comp plan. Supervisor Peters just wanted to verify that he does not think there will be any public water or sewer up there. Mr. Thompson responded there is a potable water system at the landfill and they can talk more about what that is used for. th Supervisor Radford inquired in regards to the citizens on October 11, they asked about the leachate leaking out on the road. Just to follow-up, is there or was there feasibility to get public sewer up there to handle the leachate? Mr. Thompson stated he felt it would be a far stretch to get public sewer up there, but it is his understanding that they haul leachate either by truck or by train. The issue was the way he understood it was the comment at the community meeting was when they are hauling trash to the landfill via Rt. 311 and Bradshaw Road, most of the trailers, as he understands it, have a bladder system underneath so if leachate spills out from the tractor-trailers, it is supposed to catch that. The question was that some people were noticing it spill outside of the bladder. The concern, and some people had raised it to DEQ. They were concerned about the hauling of trash to the landfill, not the collection of leachate at the site. Chairman North then asked if the petitioner would like to speak. Jim Guynn, General Counsel to the Roanoke Valley Resource Authority. He does not have a whole lot that he can add to the conditions other than to say, we have worked very diligently with the Planning Commission. We are comfortable with them as they currently proposed. He would point out that, and he knows from experience and being on the other side of the dais, we are operating currently. We have a problem because without the special use permit, they are in violation because they are not supposed to be. He appreciates that is not being held against them. It was one of those things that nobody realized until we reached agreement with the railroad on taking ownership back and zoning does apply to us when it does not apply to the railroad, which is the reason why we are here. In the course of developing an amendment to the special use permit, the Planning Department pointed out some of the things, i.e. 15.1 and those sorts of things that were outdated and we were able to take a look at it. November 19, 2019 475 He would say, with regard to Ms. Hooker’s question, the mission of the RVRA has not changed and is not going to change. He is not sure that it was the special use permit. Supervisor Hooker commented it is in the document of land use and policies. Mr. Guynn stated he is not sure that as far as being a condition and that was one of the confusing things about the way it was done previously. It was difficult for us to tell what was part of the special use permit and what were our policies. We appreciate it from that standpoint. Our understanding is, and they have not done a scientific count, but between North Folk and the landfill there are about four (4) houses on Bradshaw Road in Roanoke. There are others in Montgomery County. Supervisor Hooker stated she was hoping to get the whole count. Mr. Guynn advised he did not have. Supervisor Hooker then asked how many miles it is. Mr. Guynn advised he did not know.. Supervisor Hooker then stated maybe Mr. O’Donnell knows. Mr. Guynn commented the potable water source is a well that is used and maintained for fire prevention and fire control. It is what he grew up knowing as sulfur water and we drink bottled water at the landfill and try to keep it from staining everything as well. As far as a line for the leachate, we have talked about that with Montgomery County because they have some that go down to North Folk and whether or not we would run a line, and those talks continue, as it is a fairly expense proposition, but there were have to be some upgrade of that line from Montgomery County as it is in North Folk because of the capacity standpoint. It is not something that is out of the question, but it is not something that is eminent. It will continue to be discussed. The line would have to be upgraded that Montgomery has because we would have to install line, which would be a direct feed into it. From that standpoint, Montgomery County would have to agree to be hooked up to taking the leachate out of their system. The other thing that he would like to stress, we have said this at the Planning Commission throughout this process and he cannot stress enough that our proposal at this point and the only way you can guarantee there is not going to be another truck on Bradshaw Road is if there is another road to use. Once there is another road to use, there will never be a need. There would not be a need to use Bradshaw Road and frankly, if another road is built, it is going to be a much more convenient road to use than Bradshaw is. From that standpoint, he knows, just like at the Planning Commission that folks are going to stand up and say they don’t want trucks on Bradshaw Road. They agree, they don’t either and that is why we are as serious as we are about considering all of our proposals. The other thing that we pointed out at the Planning Commission is even if we never build a road, if it is taken out of the special use permit, we have a much better negotiating posture for service. At this point, with all due respect to the railroad, there is not a lot of hard negotiating going on because there is no alternate as far as the price is concerned. So, in some ways, we don’t have a whole heck of a lot of choices. Is there price fair? November 19, 2019 476 We do not know, we assume it is because they do not have anything to compare it to. Basically, we only have one way to serve and it behooves all of us to think in terms of what the potential competition would mean for keeping the rates of hauling of waste down for all the members of the Authority, particularly the citizens in Roanoke County and all the local governments that are involved. There does not necessarily have to be a road built for it to benefit the citizens to have the conditions changed so that negotiations can be a little different and pricing will be a little different. Supervisor Hooker stated if there was never going to be a need for another road, then we would not be listing Bradshaw as a secondary access. As it stands now, it is listed as a secondary access if something goes wrong on the other transportation corridor for whatever reason and that is really the opening statement, primary versus secondary and the secondary being Bradshaw Road in an emergency. She added that even with another road, there may be issues and thinks we all acknowledge that things can go wrong. Mr. Guynn stated the same emergency would befall the railroad. Supervisor Hooker advised he is correct, but the idea that you would never need another one is somewhat overstated and so she has a couple of questions to follow-up on. First, at the community meeting, would really like to applaud our staff. Philip Thompson and Mr. Miles handled a rather large crowd very well and handled their questions. She would have like to see those questions documented; the questions were documented, but the answers were not in this report and she would still like to have that written and available for citizen. She thinks there are times when the voice isn’t as clear as the written word and so she would like to talk about that more in a few minutes. The report does deal a lot with the transportation issue and does deal mostly with the idea of going to trucking and that is not the purpose of this conversation tonight. We are keeping it really just on the issue before us with the special use permit and then she has some citizen concerns that she really wants addressed. Mr. Guynn stated it was not their intention to make the report focus on the transportation. In our application we addressed concerns based upon what was expressed. Supervisor Hooker stated she understood that you were in a conundrum based on the hearts and minds of the citizens. She understood. She appreciates the Authority being willing to work with the operational hours for the school so that if there is an emergency you will be respectful of those hours. Supervisor North documented those and our County Attorney has also taken note of that and believes there were agreeable to that understanding. Mr. Guynn responded to his knowledge they have done that in the past. Supervisor Hooker stated maybe having it written will help. Mr. Guynn advised they are happy to agree as they have done so in the past. Supervisor North stated he appreciated their consideration of that earlier today. November 19, 2019 477 Supervisor Hooker asked, just speculative, Bradshaw Road was acknowledged at the very beginning of the birth of Smith Gap Landfill that Bradshaw Road was inadequate and so she has some questions about coming from the North side and maybe that could be an option for an emergency direction and her thought was with those 15 trailers that do fit under the underpass, she would like to hear more about that at some point. She believes there are fewer residents in that corridor and believes it is fewer miles on Bradshaw Road so she is wondering if it has to come up the heart of Bradshaw from Rt. 311, she believes it is nine (9) miles, whatever it is, she believes it is more coming from that direction. It would be unload and difficult from one end to the other and she understands that too because that road is not built for this traffic. We all understand that. Mr. Guynn responded that part of that can be addressed as long as it is fit for the trestle. Supervisor Hooker stated there were 15 that were purchased. Mr. Guynn stated it is being done now, obviously. Whether that means more trips, they will take a look at that. Supervisor Hooker stated only as an emergency option. Supervisor Hooker then stated when she was looking at the priorities and in our staff report, it was listed as page 85, but when you go to the Landfill, Rail and Transfer Station permit conditions and operating policies it was on page 18, but it did list some very succinct priorities and what was considered. She looks at it as almost, it is on page 16 instead of page 18, and thinks they still hold true today, especially bullets 2 and 3. The first bullet is protection of the environment. The second one is protection or extension of the landfill useful life and the third one is protection of the interests of the residents of the landfill host community and hope it is one of our proprieties as long as the 4, which is protection of the interests of the residents of the rail corridor and she thinks it is very important to acknowledge this and if it is not rewritten somewhere clearly, she thinks it is a goodwill gesture, and maybe we should consider this commentary again. She has already mentioned something about the Bradshaw number of residents and miles. She understands there is no public water because she thinks there was some commentary that we thought there was public water, but other than that potable well, that is all there is. There was the question regarding the leachate being piped out by sewer eventually. While that is expensive, so is the trucking. Carrying that out by truck is also very expense. Supervisor North asked what the average waste carload count, 10, 12 cars a day. Mr. Miles advised twelve (12). Supervisor North then stated so that would mean the equivalent of 36 trucks a day. Based on today, if trucking occurred, there were be 36 trucks loaded and 36 trucks returning throughout the course of the day. Chairman North opened and closed the public hearing with the following citizens to speak: November 19, 2019 478 Jennifer Powell of 8801 Williby Road stated that is the only road that citizens live on that the crossing will effect. The construction, if they rip up the ties and put a road in. They flashed a map up for you earlier and it shows four (4) or Five (5) residents, but there are five (5) more and there are children who live up there. So, they are concerned about how that crossing will be handled. There has not been any definitive answer, who has the right-of-way, crossings, etc. She would like to say that they do not want it; they want the train to stay, but if it happens she would like to propose that the people on Williby be able to use the road as a way to get out when it is flooding. As you know, North Fork Road, when there is flooding you cannot get in or out. The garbage trucks will be able to come and go all day long and she does not know what changed from the last two meetings, but we were told there would be an average of 50 trucks a day; not small trucks but tractor trailers a day going through. So, we are concerned about that. Our mail trucks come up the road, Federal Express, UPS trucks and see it being a big deal to our standard of living on that road. So, again, she would like to say they do not want it to happen and does not really understand why they want it to happen except to save costs, but there is a way to repair the tripper. She heard that one time, but has not heard it mentioned again. The tripper is getting old and it would cost a lot to replace it, but it might pay for itself in the long run because of the truck expense. There have been no fatalities since the rain has been run over the last 25-30 years, but with 50 trucks going up and down that road every day, even with the neighbors on Bradshaw, she just sees things happening. What is one of them catches on fire. There are no fire hydrants or water to put it out. Are they going to take the potable water from the landfill over? If it has to happen, she would like the resident of Willoughby Road to be able to use it and for emergency vehicles to use the road to get to the people at Willoughby Road. There has not been much talk about Willoughby Rd. Dale Deweese of 4664 Bradshaw Road stated that tonight, they did not come with lawyers. It is almost like a David versus Goliath. We are looking at the wrong perspective; the trains have worked for 25 years. We should be looking at the trains for another 50 to 75 years and not just the past 25. We should not be looking at trucks. Trucks have torn Bradshaw Road all to pieces. As we just heard, there is no 100% guarantee that it will not happen again. We are totally against the trucks. The only way to haul trash to that landfill is by train. If it is necessary to go up on the price of tonnage, then so be it. The trains have not caused any problems like these trucks have. We are sick and tired of Bradshaw Road being used. We did not want the landfill to begin with and none of these people and maybe the Board included would want tractor trailers running up and down the road in front of your houses like we have in Bradshaw. You can go on Blacksburg Road and go down Hanging Rock where they have done some repaying. It is smooth as silk, but State came up there and did about a third- grade paving job and it is rough as sandpaper in places. It does a number on your cars shocks. November 19, 2019 479 So, we need to be looking at trains and coming up with a solution with them for the next 25-50 years. The landfill was built for 100 years. Somebody did not look ahead past 25 years when they signed the contract with the railroad. So, we need to have some long- range planning. He would appreciate your consideration about going with the train and forgetting about the trucks. Mr. Guynn stated they had included the gating system they had put in place. There is probably a way to work out another use of a road if we put it in. Obviously, from the stance of being a good neighbor and North Fork is flooded and Willoughby cannot get out. Supervisor Hooker stated and emergency vehicles. Mr. Guynn responded in the affirmative stating that his understanding is most of the emergency vehicles these days have the transponders available so they can get through those types of gates and that is what we certainly would want to have in place. He does not know if we want to put daily Willoughby Road traffic on the road with the trucks, but certainly in certain situations, where there is flooding and there is not access, they would be amenable to making that available. We try to serve. This is one of the reasons why we would do that and certainly want to make it as easy as we could. By putting the transponders on the trucks, we are not talking about 55 miles per hour, but 25-30 miles. Willoughby is going to be straight through. Stop signs would be in place. We will do everything we can do to make sure that it safe and it will add an access for emergency for them. Supervisor North stated today it is his impression that there is not enough room except for the train to traverse over the existing track big. There is not enough room for an access road beside the tracks, however, in pictures that he has seen it looks like there are some parts whereby it is too narrow for the access road. Mr. Guynn responded that in examination of all the options, one of them was if we could put a road in addition to. We do not have enough right-of-way and we don’t have enough ability to grade and get it the way we need. Supervisor North stated he also heard that there was a possibility that trucks would be moving in both directions. How can that be if there is a narrow path at some places along the route? Mr. Guynn advised they had 26 feet, but with the railroad and with the grade on each side, we do not have enough room in the area where we could put the road, it would beyond their right-of-way. Supervisor North reiterated that Mr. Guynn was saying trucks can go in either direction and pass each other. Mr. Guynn responded in the affirmative with 26 ft. There is not enough room for a safe road that could be used regularly. Supervisor Hooker stated before making a motion she would like to provide some commentary and would like to start with some observation. She appreciates the way the RVRA has worked with staff during this process and anything that was asked, you provided. You provide a valuable service to this community and it is not always appreciated. Throughout the application process, they have been responsive to County staff, and have promptly shared information as has been requested. Then, she would like to commend the many citizens who have reached out to me in private, come to community meetings, and a few have come here tonight. She thinks some people are November 19, 2019 480 discouraged and they may not be here because they are discouraged but it is clear to her that issues involving the RVRA are important to the citizens. The operations of the RVRA affect your quality of life. You have concerns, and you trust that your participation in this process will make a difference. She wants to assure you that the Board hears. With regard to impact on the community, she is concerned with the number of citizens who have expressed frustration and have asked for my help, and for more information. So for the information sharing portion, she is concerned that over the years, as changes were made and continue to be made to the RVRA’s business model, there was not a good mechanism in place for communicating these changes to County citizens. Many citizens are confused and frustrated and want more information. At the October Community Meeting there were about 100 citizens there. They asked a lot of questions, but it is my perception that they still have questions, and recognize that this SUP application presents a rare opportunity for them to ask questions and receive answers. There were outstanding questions regarding the environmental impacts, the leachate, impacts to and the use of Bradshaw Road, odors and air quality, water quality, ground water management, the landfill’s service area, but there were many things they still have questions on, which is why she mentioned having something in writing that may be helpful in continuing to spread that information. She would like to ensure that before the Board acts on this matter, Roanoke County citizens understand what is being proposed. Supervisor Hooker moved to delay this action until no later than March 24, 2020 so that additional questions can be asked and answered. She has some very specific things that she has already handed to Mr. Miles and his attorney. Before we reconvene, she requests the following: (1) a well-advertised telephone number in place for the use of surrounding residents including those on the Bradshaw Road Transportation Corridor to call in complaints and maintain an open complaint log that shall be open to the public. It is her understanding that there is something like that in place now, it probably could be better advertised so that people know where to get their answers straight from the RVRA. (2) an email address that is well advertised for the same purpose (3) She would also like to request regularly scheduled community meetings to share information and concerns and hold one meeting prior to our next meeting revisiting this SUP. The Mason’s Cove Community Meetings were answered and she would like to have in writing along with citizen concerns that she handed Mr. Miles prior to the meeting. If it is possible, and this is her personal request. She would like to have a restating of the RVRA priorities for good will purpose. She thinks some of the information in there shows that we care about the citizens and how either one of these transportation options will impact them. She personally favors rail, but as the discussion continues and there is a lot going on towards trucking, she wants our citizens that we still have their best interests at heart and that we are taking it seriously. The motion was seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None November 19, 2019 481 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Radford stated he wanted to mention to the public that are watching live or recorded, we passed a resolution earlier wanting the Parkway to be closed for 20 miles for the Ironman that is coming up this June 20th. There is an open comment period through the National Parks Service, but citizens can make comments. He has made a comment that he is in favor of closing for that event because it showcases our community. Just want to encourage others to reach out and give them a positive comment in regards to that event. He found out a couple of days ago that there will be a younger Radford in that event. Supervisor North stated the Economic Development Department is hosting two upcoming workshops in December. Video Production will be held December 3, 2019 from 9:00 am until 11:00 am at the South County Library. This free workshop is for entrepreneurs to learn how to create video content for marketing their businesses. EVA, selling to the Commonwealth of Virginia will be held on December 10, 2019 from 10:30 am until 1:00 pm at the South County Library. This free workshop will be led by the Virginia Department of Small Business and Supplier Diversity and will walk small business owners through the Virginia E-Procurement marketplace. If you are interested in attending either of these workshops, contact the Economic Development office at 772-2185. Lastly, he would just like to say that Mr. O'Donnell, Mr. Lubeck and himself attended the VACo meeting last week and learned about of lot that is going on around the State of Virginia and shared some of that information with the Board with regard to the finance presentation and what might come up in next year's State budget. There is some interesting concepts. He encouraged everyone to look that over. He would also like to thank Ms. Hooker for being so concerned about the citizens of the Catawba District and expressing that tonight and think at the end of the day everything is going to work out in due time. IN RE: ADJOURNMENT Chairman North adjourned the meeting at 7:52 p.m. Sub itted by: Approved by: rah C. J c47 avid F. Rad rd Chief Deputy Clerk to the Board Chairman November 19, 2019 482 PAGE LEFT BLANK INTENTIONALLY