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6/26/2007 - Regular June 26, 2007 539 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 26, 2007 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 June, 2007. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Michael A. Wray MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Mary V. Brandt, Assistant Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Father Tom Miller, St. Andrews Catholic Church. The Pledge of Allegiance was recited by all present. : 540 June 26, 2007 INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge advised that Item E. 7, a request to increase VRS retirement benefits for public safety employees effective January 1, 2008, and the appropriation of $150,000 for the increased premium for fiscal year 2007-2008, has been postponed until a future meeting. Mr. Mahoney advised that staff was requesting a closed session to discuss a real estate matter pursuant to the Code of Virginia Section 2.2-3711.A (3); namely, conveyance of real estate from the Economic Development Authority located in the Center for Research and Technology. It was the consensus of the Board to add the closed session. INRE: PUBLIC HEARINGS .1: Public hearinQ to receive citizen comments reQardinQ proposed amendments to the fiscal year (FY) 2006-2007 budQet and the FY 2007 -2008 budQet in accordance with Section 15.2-2507, Code of VirQinia. Ms. Hyatt advised that the Code of Virginia, requires localities to hold a public hearing whenever proposed budget amendments exceeding one percent of the total expenditures shown in the adopted budget or $500,000, whichever is the lesser, occur during any Board meeting. She further advised that a notice for the public hearing was published in the Roanoke Times on June 19, 2007. June 26, 2007 541 Ms. Hyatt advised that the items affecting the fiscal year 2006-2007 budget are: (1) a request to accept and appropriate state revenue reimbursements in the amount of $920,000 to the Department of Social Services for provided services; (2) a request to accept and appropriate revenues in the amount of $830,000 to the Sheriff's Department for reimbursement from the state and the City of Salem for jail expenses related to care and confinement of inmates; (3) a request to appropriate funds in the amount of $300,000 for the Comprehensive Services Act; and (4) a request to appropriate $46,000 for reimbursement from the State Compensation Board for the Commonwealth Attorney's office. Ms. Hyatt advised that the items affecting the fiscal year 2007-2008 budget are: (1) a request to appropriate $30,000 for construction of the veteran's monument at the Vinton War Memorial; and (2) a request to renew the contract to provide Commonwealth's Attorney services to the Town of Vinton for $8,200 and appropriation of funds. Ms. Hyatt further advised that a request to increase VRS retirement benefits for public safety employees has been postponed until a future meeting. She stated that no action was required as a result of the public hearing since the Board will take action on the individual items later on the agenda. There were no citizens to speak on this item, and there was no discussion. 542 June 26, 2007 INRE: NEW BUSINESS .1: Reauest to approve the Parks. Recreation. and Tourism Master Plan. (Pete Haislip. Director of Parks. Recreation. and Tourism) A-062607 -1 Mr. Haislip advised that this was a request to approve the Parks, Recreation, and Tourism Master Plan. He further advised that this plan is intended to act as a guide for future decisions. He reported that since the plan was a large document, he would only provide a brief overview; however, he added that the plan will be posted on the County website and made available for review at County libraries. He added that the plan was also available on CD. Mr. Haislip advised that the plan's development process was a long one. Leon Younger of Pros Consulting of Indianapolis, Indiana, was the County's consultant for creating the first truly comprehensive master plan for the Parks, Recreation, and Tourism Department. He reported that the process began in the summer of 2005 and was based on community and stakeholder input. He added that it was necessary that the plan be embraced by the community; therefore, seven community meetings were held throughout the County. In addition, three work sessions were held with the Board and ten focus groups were conducted with 116 participants representing athletic clubs, parent teacher associations (PTA's), greenways and trails groups, equestrian groups; a citizens' survey was distributed to confirm results of these meetings. June 26, 2007 543 Mr. Haislip thanked the Board and the Parks and Recreation staff for the work they contributed to the final plan. He further advised that some of the key results were the establishment of standards for park facilities, programs, maintenance, and the development of a framework for the acquisition of future parkland. He reported that there is a guideline published by the National Recreation Park Association that contains parks standards for various size communities, and the County's consultant used community input and the results of the survey to customize these guidelines for Roanoke County. Mr. Haislip stated that the County's standards for sports programs are higher than the national guidelines because citizens place a high priority on sports. The plan also includes the location of available parkland and correlates the cost of property acquisition with available funds. He added that the plan also includes recreational facilities on school properties that can be utilized through joint partnerships with the schools. Mr. Haislip advised that the master plan examined programs, facilities, and maintenance standards for the present and the future based on an inventory of existing facilities and predictions of future growth. In addition, program and maintenance practices were benchmarked against the best practices throughout the United States. He reported that County citizens gave high marks to County parks; however, he added that citizens expect high levels of service. -------'----_._------_.-~---- 544 June 26, 2007 Mr. Haislip advised that the key community values identified are: (1) indoor and outdoor recreation facilities that create a sense of pride in the community; (2) accessible pathways, trails, and greenways; (3) acquisition of land for passive recreation areas; (4) development of facilities to pursue sports marketing initiatives; (5) maintenance of parks and recreation facilities at a high level of quality standards; (6) availability of parks, facilities, and programs for residents of all ages, incomes, and abilities; (7) support for a higher investment in the park system with a solid plan to undertake needed improvements and develop quality facilities; (8) creation of a balance of passive and active experiences in park facilities and program offerings; and (9) partnerships with other providers and special interest groups to maximize existing resources. He added that the Parks, Recreation, and Tourism Department currently partners with the cities of Roanoke and Salem and with Botetourt County. Mr. Haislip advised that the results of the survey were published on the County website and that the key survey findings were: (1) 81 percent of respondent households have visited a County park over the past twelve months; (2) 84 percent of respondent households rated the physical condition of County parks as either good (62 percent) or excellent (22 percent); (3) 87 percent of respondent households that have participated in our programs rated them as either good (59 percent) or excellent (28 percent); (4) 59 percent of respondent households indicated they had a need for greenways and trails for walking and biking; (5) 42 percent of respondent households indicated a need for adult fitness and wellness programs; and (6) over 50 percent of June 26, 2007 545 respondents indicated they were very supportive of renovating and/or developing greenways for walking and biking, purchasing land to develop for passive use, and developing new indoor recreation facilities. Mr. Haislip further advised that based on community values voiced during the development of the master plan and the results of the citizen survey, the key recommendations are to: (1) develop a multi-generational indoor community center with indoor and outdoor aquatics areas, fitness facilities, gyms, and meeting space for programs for all ages which is currently in the planning stages; (2) develop greenways and trails throughout the valley with connections to the Roanoke Valley greenway network in conjunction with the Greenways Commission; (3) acquire passive park land; and (4) develop a sports complex for baseball and softball at Green Hill Park. Mr. Haislip reported that the master plan is a detailed guide for the Parks, Recreation, and Tourism Department that will help support and direct a planned effort to keep the Department focused on its goals, community values, vision, and mission to position itself as one of Roanoke County's greatest assets. He added that this plan has been approved by the Roanoke County Parks and Recreation Advisory Commission. Supervisor Wray advised that the master plan was a good one; however, he requested that the spelling of Cave Spring be corrected in the consultant's report. Supervisor Altizer advised that he attended several of the community meetings held during the master plan's development. He added that the approval of the -..---------- ~.._.._------_._-_...,..,,_._.-_......_-----_..__.__._-------~..__.._--- 546 June 26, 2007 master plan is an important first step, and he thanked County staff and the citizens for their effort and input. Supervisor Flora advised that the process was a good one that allowed the citizens to express themselves, and he noted that some of the results of the process were something of a surprise that reflected changes in attitudes to parks and recreation activities over the years. Supervisor Church advised that the master plan is a work in progress that is the result of countless community meetings with the citizens to garner their input. Supervisor McNamara advised that the master plan was an objective look at what the citizens think the County should have and some subjective analysis of the process to obtain those goals. He requested an update on the sports complex. Mr. Haislip advised that there has been no progress on the sports complex. He reported that the next step is to determine the course of action necessary to achieve the goals outlined in the plan including the sports complex now that the plan is complete. Supervisor Church moved to approve the staff recommendation (adopt the Master Plan as presented). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None June 26, 2007 547 2. ReQuest to appropriate $30,000 for construction of the veterans' monument at the Vinton War Memorial for fiscal year 2007-2008. (Elmer HodQe, County Administrator) A-062607 -2 Mr. Hodge advised that the Vinton War Memorial is one of the landmark facilities in the Roanoke Valley, and he noted that the Board had recently toured the facility. He reported that the Town of Vinton has embarked on a major renovation of the facility including an addition. He further advised that this facility is important for the County as well as the town. He reported that the County has held various types of meetings at this facility, and it is a center for the eastern part of the County. Mr. Hodge advised that the Vinton War Memorial serves as a memorial to World War II veterans. He added that the expansion will allow the facility to be used for sports marketing and other tourism-related activities for the town and the County making the facility an asset to the entire valley. As a part of the expansion, a monument will be erected to memorialize those from the town who gave their lives for their country in World War II and wars forward. He advised that although primarily designed as a memorial for the town, the monument will also include the names of County citizens in recognition that the town is part of the County. Mr. Hodge advised that a competition was held and the winning entry for the memorial was designed by Larry Bechtel and his associates. He further advised that the Town of Vinton has contributed $18,000 toward the cost of the monument and 548 June 26, 2007 plans to contribute an additional $12,000. He reported that the town has asked the Board to match that amount, and he indicated that the Board has agreed to contribute $30,000 toward the cost of the memorial's construction. He recommended that the funds be appropriated from the Board contingency fund for fiscal year 2007-2008. Supervisor Altizer advised that unlike a city, the County does not have a central focal point, and he reported that the Board members have received invitations to view the winning design at a reception the following evening. He stated that the monument is named the Vinton/Roanoke County Veterans' Memorial, and that this structure will honor our veterans who made the ultimate sacrifice in an appropriate manner. He noted that this monument will be a separate structure from the Vinton War Memorial building. Supervisor Church requested a clarification concerning the additional contribution to be made by the Town of Vinton. Mr. Hodge advised that the town will be appropriating an additional $12,000 at the next town council meeting. Supervisor Church advised that this contribution to the construction of a memorial honoring the individuals whose sacrifices gave us the freedom we all enjoy is an important service to our citizens. Supervisor McNamara advised that County resident Bob Slaughter participated in a book signing at the main library recently for his recent book regarding his experiences during the D Day invasion. He reported that Mr. Slaughter's remarks were profound and that he was in full support of making the donation. June 26, 2007 549 Supervisor Church advised that Bob Slaughter is a good friend. He added that he has been in his home many times and that he gets cold chills when he hears Mr. Slaughter speak of his experiences during the war. In response to an inquiry from Supervisor McNamara, Mr. Hodge reported that the remaining funds in the current fiscal year's Board contingency fund were earmarked for building renovations at the Roanoke County Administration Center. Supervisor Altizer moved to approve staff recommendation (appropriate $30,000 from the fiscal year 2007-2008 Board contingency fund to the Town of Vinton as the County's contribution towards the construction of the new veterans' monument at the Vinton War Memorial). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 3. Request to accept and appropriate state revenue reimbursements in the amount of $920.000 for fiscal year 2006-2007 to the Department of Social Services for provided services. (John Chambliss. Assistant County Adminstrator) A-062607 -3 Mr. Chambliss advised that the Department of Social Services receives additional appropriations for public assistance and services delivery throughout the year. He further advised that the state has made $920,000 available for the following programs: auxiliary grants, AFDC/foster care, special needs adoptions, refugee 550 June 26, 2007 resettlement, fuel administration, independent living, family preservation and reunification, the VIEW working and transition program, Head Start transition, non-view day care and adult services. Mr. Chambliss reported that, for comparative purposes, the year-end adjustment approved by the Board for fiscal year 2005-2006 was $800,023. He stated that the Department of Social Services cannot access these funds until the County has appropriated them. He advised that this is a request to appropriate $920,000 to the fiscal year 2006-2007 Social Services budget and to appropriate the related revenues from the state. He added that any necessary matching funds are available in the department's budget. There was no discussion on this item. Supervisor Wray moved to approve staff recommendation (appropriation of $920,000 to the FY 2006-2007 Social Services budget and appropriation of the same revenues from the state). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None June 26, 2007 551 4. Request to accept and appropriate revenues in the amount of $830,000 for fiscal year 2006-2007 to the Sheriff's Department for reimbursement from the state and the ~ of Salem for jail expenses related to care and confinement of inmates. (Brent Robertson, Director of Manaaement and Budaet) A-062607 -4 Mr. Robertson advised that during fiscal year 2006-2007, as in previous years, the inmate population at the Roanoke County jail has remained above capacity. He added that as a result, operational costs such as outsourcing inmates to other facilities, food, utilities, medical costs, etc., continue to consume a substantial portion of the jail's budget. He reported that due to the inmate population, the Sheriff is projecting expenditures related to inmate care to exceed original budget allocations by $830,000 for fiscal year 2006-2007. He reported that the major driver of these increased costs is the outsourcing of prisoners. He further advised that it is still possible that the Sheriff will have a deficit; however, this is all the state revenue the County anticipates. He stated that for comparative purposes, the year-end adjustment approved by the Board for fiscal year 2005-2006 was $475,000. Mr. Robertson advised that the Sheriff informed the Board of these cost increases for fiscal year 2007-2008 during the budget development process and the Sheriff's fiscal year 2007-2008 budget was increased by $500,000 as a result. __.____..________________..__._....__._...._....m....._________.._"'~_..__~.__________ 552 June 26, 2007 Mr. Robertson advised that Roanoke County is reimbursed by the state for salaries, mileage, office expenses, and for housing state prisoners. He reported that the reimbursement for state-responsible inmates varies between a rate of $6 and $8 per day. He added that the City of Salem reimburses the County for housing its prisoners on a per diem basis. Mr. Robertson further advised that the State reimbursement for state- responsible prisoners is subject to the state prisoner population, General Assembly appropriations, and political factors; variables difficult to consider in revenue projections. He reported that during previous fiscal years, state revenue receipts have exceeded the conservative state budget projections by an amount that would cover increased jail expenditures caused by higher-than-normal inmate populations. He added that based on the revenue estimates versus the projected revenues anticipated to be collected from the state for the Sheriff's Department for fiscal year 2006-2007, revenues in excess of budget for these categories should total approximately $590,000. He noted that reimbursement revenue by the City of Salem for city-responsible prisoners in the jail exceeded budget projections by $240,000. Mr. Robertson advised that there IS no fiscal impact since these appropriations involve 100 percent state funds and contractual reimbursements. He reported that staff recommends an appropriation adjustment to recognize an additional $830,000 of revenue for fiscal year 2006-2007 for personnel and operations reimbursement and increasing the fiscal year 2006-2007 Sheriff's Department budget June 26, 2007 553 within the Sheriff's department by $830,000 to cover increased operational costs of the jail caused by increased inmate population, staffing requirements, and capital reimbursements. There was no discussion on this item. Supervisor McNamara moved to approve staff recommendation (appropriation adjustment to recognize an additional $830,000 of revenue for fiscal year 2006-2007 for personnel and operations reimbursement and increasing the fiscal year 2006-2007 Sheriff's Department budget within the Sheriff's department by $830,000 to cover increased operational costs of the jail caused by increased inmate population, staffing requirements, and capital reimbursements). The motion carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None 5. Request to appropriate $46.000 for fiscal year 2006-2007 for reimbursement from the State Compensation Board for the Commonwealth Attorney's office. (Brent Robertson. Director of ManaQement and BudQet) A-062607 -5 Mr. Robertson advised that the State Compensation Board approved an additional attorney position for the Commonwealth Attorney's office for fiscal year 2006- 2007; however, because this position was approved in July 2006, it was not included in 554 June 26, 2007 the County's fiscal year 2006-2007 budget. He stated that these revenues have been received from the State Compensation Board and need to be appropriated to the Commonwealth Attorney's personnel budget to fund the salary of the new position. Mr. Robertson further advised that there would be no fiscal impact since this appropriation involves 100 percent state funds. There was no discussion of this item. Supervisor McNamara moved to approve staff recommendation (appropriating $46,000 of revenue from the State Compensation Board and appropriating $46,000 to the Commonwealth Attorney's personnel budget for fiscal year 2006-2007). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 6. ReQuest to appropriate funds in the amount of $300,000 for fiscal year 2006-2007 for the Comprehensive Services Act (CSA). (John Chambliss, Assistant County Administrator) A-062607 -6 Mr. Chambliss advised that this request will close out the accounts for fiscal year 2006-2007 for the CSA. These programs impact the children that are presented to the County with special needs. He reported that in the case of mandated services, 56 percent of the cost is provided by the State with the County paying the remaining 44 percent. He added that for non-mandated services, there is a shared June 26, 2007 555 match for the first $125,000 per year; after that, the County is responsible for 100 percent of any costs exceeding this amount. Mr. Chambliss further advised that in recent years, the cost of providing mandated services in accordance with the requirements of the CSA has increased significantly. He stated that this increase can be attributed to the following factors: (1) children identified at earlier ages with presenting symptoms that are more severe than in the past; (2) an increased need for services attributed to substance abuse, mental health issues, family dysfunction, and domestic violence; and (3) a significant increase in the number of children being served by these programs. In the past ten years, the number of foster care cases handled by Social Services has grown from 35 per year to 117 today. Some of the cases incur minor costs for counseling and mentoring services; however, more severe placements in residential treatment facilities may cost $200,000 per year per child. Mr. Chambliss advised that an additional $600,000 was included in the upcoming fiscal year 2007-2008 budget due to these trends. He stated that this request will balance the current fiscal year's budget, and he requested that the appropriation of $300,000 be taken from the general fund unappropriated balance. In response to an inquiry from Supervisor McNamara, Mr. Chambliss advised that the cost of the CSA programs for fiscal year 2007-2008 is approximately $5 million and that the cost was approximately $2.5 million ten years ago. He added that the program began in 1992 and consolidated a number of core agencies to coordinate 556 June 26, 2007 the services being provided because many families were receiving services from a number of agencies. These cases now come before a planning group to strategize and provide the treatment program for the child and/or the family. He noted that the largest segment of these cases is state-mandated cases which are partially state funded. He reported that the past session of the General Assembly opened up a new category that will impact the number of foster care or potential foster care children in the system which could increase the program's cost by more than $21 million state wide. He stated that it is not possible to predict at this time what the County's share in this program will be. Supervisor McNamara advised that this program represents a significant expense for the County and schools, and the majority of the citizens are unaware of how this funding is spent. Supervisor Wray moved to approve staff recommendation (appropriate funds in the amount of $300,000 from the general fund unappropriated balance for the provision of services under the Comprehensive Services Act). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None June 26, 2007 557 7. Reauest to increase VRS Retirement Benefits for public safety emplovees effective January .L 2008. and appropriation of $150.000 for the increased premium for fiscal year 2007-2008. This item was postponed until a future meeting. 8. Reauest to initiate an amendment to the Roanoke County Zoninq Ordinance to allow public parks and recreational areas as .Qy riqht ~ in the 1:1 Industrial District and the 1-2 Industrial District. (Philip Thompson. Deputy Director of Planninq) R-062607-7 Mr. Thompson advised that the Roanoke County zoning ordinance allows public parks and recreational areas as a by-right use in all zoning districts except for the 1-1 Industrial and 1-2 Industrial zoning districts. Mr. Thompson further advised that the County's Parks and Recreation master plan has just been approved and that this plan identifies the need for more indoor and outdoor parks and recreation facilities in the County including a multi- generational recreation center. He stated that amending the zoning ordinance would increase the County's ability to establish new public parks and recreational facilities, and it would expedite the development of the proposed multi-generational recreation center. 558 June 26, 2007 Mr. Thompson noted that there could be properties zoned 1-1 or 1-2 that for many reasons are not suitable for industrial uses, and this amendment to the zoning ordinance would facilitate the process of developing these properties as parks. Mr. Thompson advised that if the Board initiates this request, staff will schedule this item for a public hearing before the Planning Commission at its August 7, 2007, meeting before bringing it back to the Board at its August 28, 2007, meeting for action. In response to Supervisor Wray's inquiry, Mr. Thompson advised that he did not know how many acres of land were zoned industrial in the County. Supervisor Wray inquired if this change in the zoning ordinance could facilitate land donations. Mr. Thompson agreed that it was possible. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 062607-7 INITIATING AN AMENDMENT TO SECTION 30-61, 1-1 INDUSTRIAL DISTRICT, AND SECTION 30-62, 1-2, INDUSTRIAL DISTRICT, OF THE ROANOKE COUNTY ZONING ORDINANCE TO ALLOW PUBLIC PARKS AND RECREATIONAL AREAS BY RIGHT IN SUCH ZONING DISTRICTS WHEREAS, Section 30-14 of the Roanoke County Code and Section 15.2-2286 of the Code of Virginia provide that whenever the public necessity, convenience, general welfare, or good zoning practice requires, an amendment to the zoning regulations or district maps may be initiated by resolution of the governing body; and WHEREAS, the County Administrator requests this amendment in order to expedite the development of the proposed multi-generational recreation facility; and June 26, 2007 559 WHEREAS, the County Administrator is recommending that the Board of Supervisors initiate by resolution the procedures to amend these sections of the Roanoke County Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That an amendment to Section 30-61, 1-1 INDUSTRIAL DISTRICT, and Section 30-62, 1-2, INDUSTRIAL DISTRICT, of the Roanoke County Zoning Ordinance is hereby initiated in order to allow public parks and recreational areas as a use permitted by right in such districts. 2. That this amendment be submitted to the Planning Commission for its review and recommendation, which shall be forwarded to the governing body. Further this amendment shall be scheduled for public hearings before the Planning Commission and Board of Supervisors at the earliest practicable dates consistent with public notices as required by law. 2. That the public necessity, convenience, general welfare, or good zoning practice requires this amendment. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora. McNamara NAYS: None INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. First readinq of an ordinance to revoke Ordinance 111400-8 qrantina special ~ permits to operate ~ camp and ~ day care center. and to obtain ~ special use permit to operate activities. meetinqs. day camps. after-school proqrams. and overniqht campinq.Q.Q 63.12 acres. located near 5488 Yellow Mountain Road. Cave Sprinq Maqisterial District. upon the petition of Girl Scouts of Virainia Skyline Council. Inc. 560 June 26, 2007 Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for July 24, 2007. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second readina of an ordinance to accept the conveyance from Sarah Martin of approximately 14.6 acres of real estate (Tax Map No. 75.00-2-26) located off Stoney Point Road near Mount Chestnut Road to the Board of Supervisors for Happy Hollow Gardens Park. Windsor Hills Maaisterial District. (Pete Haislip. Director of Parks. Recreation and Tourism) 0-062607 -8 Mr. Haislip advised that this is the second reading for the donation of property at Happy Hollow Gardens Park. He further advised that there were no changes in the ordinance since the first reading. There was no discussion. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None June 26, 2007 561 ORDINANCE 062607-8 TO ACCEPT THE CONVEYANCE FROM SARAH MARTIN OF APPROXIMATELY 14.6 ACRES OF REAL ESTATE (TAX MAP NO. 75.00-2-26) LOCATED OFF STONEY POINT ROAD NEAR MOUNT CHESTNUT ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT, TO THE BOARD OF SUPERVISORS FOR HAPPY HOLLOW GARDENS PARK WHEREAS, Sarah Martin wishes to donate to the County a parcel of real estate consisting of approximately 14.6 acres located off Stoney Point Road near Mount Chestnut Road for Happy Hollow Gardens Park; and WHEREAS, this property possess significant scenic, recreational, and open- space values, and Sarah Martin will convey this property without cost to the County of Roanoke for the preservation of this property, which will benefit the citizens of and visitors to Roanoke County and the Roanoke Valley; and WHEREAS, the acceptance of this conveyance is consistent with the Rural Preserve designation in 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, the County intends to accomplish the conservation, protection and preservation of the scenic, recreational and open-space values of this property in perpetuity by restricting the uses of the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on June 12, 2007, and the second reading was held on June 26,2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition by donation from Sarah Martin of approximately 14.6 acres of real estate located off Stoney Point Road near Mount Chestnut Road for Happy Hollow Gardens Park (Tax Map No. 75.00-2-26), is hereby authorized and approved. 2. That the County imposes restrictions in perpetuity on the use of this property in order to further the conservation purposes of this gift and as an aid in achieving its charitable purposes. These restrictions are set out in detail in the Deed and limit the size of signage; prohibit hunting and commercial timber harvesting; prohibit grading, blasting or mining; but allow the construction of walking trails; limit the size of shelters and restroom facilities; prohibit industrial or commercial activities; provide for enforcement of these restrictions; and provide that any transfer or conveyance of the property continue these restrictions. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. ----~~-----,-----_._._--_..._._--~-_...._._-_._--._--....._"-----~..--".-..._._~.._._-_._---------_._- 562 June 26, 2007 On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: APPOINTMENTS 1. Capital Improvement Proaram (CIP) Supervisor Altizer advised that Charles S. Wertalik is willing to serve an additional one-year term as the Vinton District representative, and it was the consensus of the Board to add confirmation of Mr. Wertalik's reappointment to the consent agenda. 2. Clean Valley Council Chairman McNamara advised that the two-year term of Dennis "Chip" Harris will expire on June 30, 2007. 3. Court Community Corrections Proaram Reaional Community Criminal Justice Board Chairman McNamara advised that the two-year term of Sheriff Gerald Holt will expire on July 1, 2007, and that Sheriff Holt is willing to serve an additional term. It was the consensus of the Board to add confirmation of Sheriff Holt's reappointment to the consent agenda. 4. Economic Development Authority Chairman McNamara advised that Craig W. Sharp, who lives in the Vinton District, has submitted his resignation effective at such time as a replacement may be appointed or at the end of August 2007. He further advised that Mr. Sharp's three-year term will expire September 26, 2010. June 26, 2007 563 5. Parks and Recreation Advisory Commission (Appointed ~ District) Chairman McNamara advised that the three-year term of Jack W. Griffith, Cave Spring Magisterial District, will expire on June 30, 2007, and that Mr. Griffith does not wish to be reappointed. Supervisor Wray advised that Fred Corbett has agreed to serve as the Cave Spring District representative, and it was the consensus of the Board that his appointment be added to the consent agenda. 6. Western Virainia Water Authority Board of Directors Chairman McNamara advised that the three-year term of Elmer C. Hodge will expire on June 30, 2007. Mr. Hodge reported that at the Board's direction, he will schedule interviews with prospective candidates for the July 10, 2007, Board meeting. IN RE: CONSENT AGENDA R-062607-9, R-062607-9.c Supervisor Church advised that with regards to Item J. 3, he wished to say a special thank you to John Hubbard for his fifteen years of service as chief executive officer of the Roanoke Valley Resource Authority. He noted that during his tenure, Mr. Hubbard was always accessible to the citizens in the Bradshaw Road area and was always ready to assist the citizens in any way possible. Mr. Hodge added that as a County employee, Mr. Hubbard performed much of the early work on Spring Hollow Reservoir as well as working in planning, 564 June 26, 2007 zoning, and engineering. He advised that Mr. Hubbard was an asset to the County and the Roanoke Valley. Supervisor Church moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 062607-9 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 June 26, 2007, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Request to renew contract to provide Commonwealth's Attorney services to the Town of Vinton for $8,200 and appropriation of funds for fiscal year 2007- 2008. 2. Confirmation of committee appointments 3. Resolution of appreciation to John R. Hubbard, Chief Executive Officer of the Roanoke Valley Resource Authority, upon his retirement. 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 062607 -9.c OF APPRECIATION TO JOHN R. HUBBARD, CHIEF EXECUTIVE OFFICER OF THE ROANOKE VALLEY RESOURCE AUTHORITY, UPON HIS RETIREMENT WHEREAS, John R. Hubbard was employed by Roanoke County from 1977 until 1992 and held the positions of Director of Engineering for the Public Service Authority; June 26, 2007 565 Director of Engineering and Administration, Superintendent of Public Facilities, and Assistant County Administrator; and WHEREAS, Mr. Hubbard was appointed Chief Executive Officer of the Roanoke Valley Resource Authority on March 16, 1992; and WHEREAS, Mr. Hubbard's accomplishments as Chief Executive Officer of the Roanoke Valley Resource Authority include construction and operation of the regional Smith Gap Landfill and Tinker Creek Transfer Station, and concept and development of the Waste Line Express railcars; and WHEREAS, Mr. Hubbard has consistently worked with the citizens and the localities of Roanoke County, Roanoke City, and the Town of Vinton to provide an efficient and economical method for collection and disposal of refuse which is a critical area of concern for citizens; and WHEREAS, Mr. Hubbard will retire on June 30, 2007, as Chief Executive Officer of the Roanoke Valley Resource Authority after fifteen years of service. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf, and on behalf of the citizens and staff of Roanoke County, does hereby express appreciation to JOHN R. HUBBARD for his many years of dedication and service to Roanoke County and the Roanoke Valley Resource Authority; and BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors expresses its best wishes to Mr. Hubbard for a happy and productive retirement. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 566 June 26, 2007 4. Accounts Paid = May 2007 5. Statement of expenditures and estimated and actual revenues for the month ended May 31.2007 6. Public Safety Center Buildina Proiect Budaet Report 7. Public Safety Center Buildina Proiect Chanae Order Report IN RE: CLOSED MEETING At 4:08 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to Code of Virginia Section 2.2-3711.A (3); namely, conveyance of real estate from the Economic Development Authority located in the Center for Research and Technology. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: WORK SESSIONS 1. Work Session to review the County's stormwater manaaement ordinance. (Arnold Covey. Director of Community Development and Tarek Moneir. Deputy Director of Development) The work session was held from 4:34 p.m. until 5:12 p.m. The following staff members were in attendance at the work session: Arnold Covey, Director of Community Development; Tarek Moneir, Deputy Director of Development; and George Simpson, County Engineer. Also present was David Henderson, Hayes Seay Mattern and Mattern. June 26, 2007 567 Mr. Covey reviewed the background and the work done on the new storm water management ordinance to date. Mr. Simpson advised that Mr. Henderson is a senior associate who has worked as a consultant on the new ordinance for the past eighteen months. Mr. Henderson advised that the project could be divided into two parts, the first being the ordinance itself and the second being the storm water management manual. He further advised that adoption of a new ordinance is necessary to comply with current legislation. He reported that he researched how other localities within the state were complying with the legislation as well as the neighboring states of Maryland, North Carolina, and Georgia. He advised that the model ordinance is more stringent than the state regulations; therefore, he has revised the ordinance to bring it in line with the state regulations. The major change is that this ordinance will address storm water quality in addition to quantity which will require changes in the manner in which storm water management is handled. Mr. Henderson advised that during the development of the model ordinance, stakeholder committees were formed for each draft and meetings were held to solicit input from concerned parties. The model ordinance was revised based on the input received. Mr. Simpson advised that this ordinance will be implemented in two phases. Phase I is for areas with populations greater than 100,000 and Phase II is for smaller areas. He presented a chart of localities showing their population and the date 568 June 26, 2007 they adopted the ordinance. Mr. Moneir reviewed the impact the new ordinance will have on County staff, landowners, and developers. Mr. Simpson advised that the County has a five-year Virginia Pollutant Discharge Elimination System permit that expires on December 9, 2007, which the County will not be able to renew without adopting this storm water management ordinance. Mr. Hodge inquired if the County will incur a penalty if the permit is allowed to lapse. Mr. Simpson advised that was correct adding that adoption of the new ordinance by September 2007 was necessary to avoid enforcement actions which would include losing the right to issue permits for new developments and the loss of grant funds in addition to the fine levied. Supervisor Altizer inquired if the ordinance contained new fees that the Board needed to be aware of. Mr. Simpson responded that there were no fees included in the ordinance; however, he reported that the County would receive 30 percent of the Virginia Department of Conservation and Recreation permit fee which the state currently receives. He added that these funds would not cover the entire cost to the County of implementing the new ordinance. In response to an inquiry from Supervisor Altizer, Mr. Simpson advised that the Board adopted a procedure for accepting the donation of storm water management ponds from single-family subdivisions in 1995 although he recommended that donations should not be accepted until there were a number of homeowners associations ready to make such donations so that staff could be hired to manage them. June 26, 2007 569 He reported that it was estimated in 1995 that the fee for each donation would be approximately $2,000 to $3,000, and he suggested that the procedure could be revisited if necessary. Supervisor Altizer advised that the cost of the clean up for a donated detention pond could be greater than the fee charged to accept it and that the procedure should be updated. Mr. Simpson advised In response to Supervisor Altizer's inquiry that underground detention ponds were not recommended. Mr. Henderson added that underground ponds were not efficient and had issues with respect to inspections. He advised that the most effective method of maintaining water quality was through rain gardens and artificial wetlands to filter pollutants although there is an expense for construction and maintenance. He reported that the local clay soils do not filter as well as the sandy soils along the coast. Supervisor Altizer noted that this ordinance will create enforcement and liability issues since it will be difficult to determine the source of pollutants when a water quality problem develops in a detention pond. Mr. Simpson advised that owners will now share responsibility with the County for the water exiting their ponds and that may involve some enforcement. He stated that it may be difficult to determine the source of pollution due to the multiple watercourses that may drain into a particular detention pond. Mr. Mahoney advised that based on his experience the state enforcement agencies would hold the owner of the land responsible if water quality becomes an issue in a detention pond on the owner's property which would require the landowner to 570 June 26, 2007 go after whomever is dumping water into that pond; however, he added that the County could be also be held responsible for violations since the County would be the permit holder. Mr. Henderson advised that this is a similar situation to a sanitary sewer system where the owner is responsible for the discharge and is required to look for and disconnect illicit connections as part of the permit. Mr. Hodge advised that there will always be the possibility of an unpredictable situation arising; however, the County will perform water quality tests and inspections to verify and enforce the applicable standards. Mr. Henderson advised that runoff can be difficult to trace and that the best way to address these issues will be through long-term policy changes. In response to an inquiry from Supervisor Wray, Mr. Henderson advised that new developments will have easements for inspections added to the plat. In response to Mr. Hodge's inquiry, Mr. Simpson advised that while he believed that single family construction may be exempted from regulation, the County could still incur some responsibility for these properties. Mr. Hodge suggested bringing the ordinance back to the Board at the September 11, 2007, meeting for action. It was the consensus of the Board to move forward on the new ordinance. 2. Work Session on neiahborhood protection. (Elmer Hodae. County Administrator: Paul Mahoney. County Attorney) The work session was held from 5:12 p.m. until 5:30 p.m. The following staff members were in attendance at the meeting: Elmer Hodge, County Administrator; Paul Mahoney, County Attorney. June 26, 2007 571 Mr. Hodge advised that the issue of older neighborhoods in the County changing and deteriorating has to be addressed. Mr. Mahoney advised that over the last several months, County staff has received complaints about deteriorating conditions in neighborhoods and that this type of deterioration will lead to what is defined as blight in the state code. He further advised that there are remedies available to localities to address blighting conditions although the 2007 General Assembly eliminated certain options due to the changes in eminent domain legislation. Mr. Mahoney reported that physical deterioration of structures, overcrowding, accumulation of junk in yards, and multiple junk vehicles are examples of blighting conditions. He advised that the Board has requested that enforcement efforts be intensified in order to address problems early. He further advised that he contacted county attorneys in other localities throughout the state to determine what methods have been successful in dealing with these types of problems. Mr. Mahoney reported that the City of Norfolk has had very good results with a taskforce approach which enables the city to coordinate efforts and allocate resources in an efficient and effective manner. He recommended that the County assemble a taskforce comprised of the various departments to investigate and prosecute blighting conditions and that Randy Leach, the Commonwealth Attorney, be asked to take an active roll. He also recommended that efforts to communicate with and educate the community be increased so that citizens are aware of their responsibilities regarding their property. 572 June 26, 2007 He suggested that the County should consider adopting some form of property maintenance code to facilitate enforcement efforts in the future. Mr. Hodge advised that these types of problems may become more of an issue as the housing stock in many areas throughout the County ages. He requested that the Board approve the formation of a taskforce to coordinate enforcement efforts and to develop materials to educate the community regarding property maintenance. He suggested that the Board should consider implementing a property maintenance code in the future. Supervisor Flora advised that the taskforce concept was worth investigating. Mr. Mahoney advised that the problem is to find the correct balance between enforcement and private property rights. He added that the safety of enforcement personnel should be considered as well. Supervisor Flora noted that much of Roanoke County's construction is fairly recent so this will not become overwhelming for several years. Supervisor Altizer advised that the taskforce concept worked well with the recent enforcement action taken against a certain motel recently and agreed that it should be pursued. It was the consensus of the Board to proceed with the formation of a taskforce and the development of educational materials to be distributed to the community. June 26, 2007 573 In response to Supervisor Wray's inquiry, Mr. Mahoney responded that the recent legislation enacted by the General Assembly dealing with eminent domain issues would not change the definition of blight or a locality's right to take action. Supervisor Flora inquired if a locality could still use eminent domain to deal with truly blighted structures. Mr. Mahoney responded that it may still be possible. INRE: CERTIFICATION RESOLUTION R-062607-10 At 7:00 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 062607-10 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. 574 June 26, 2007 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES ~ Second readina of an ordinance authorizina the vacation of ! riaht-of-wav desianated as Dallas Road as shown on the plat of North Burlinaton Heiahts Subdivision. Section .h recorded in Plat Book l" Paae 57. in the Roanoke County Circuit Court Clerk's Office. Hollins Maaisterial District. (Arnold Covey. Director of Community Development) 0-062607 -11 Mr. Covey advised that this was the second reading of an ordinance to vacate and to establish a utility easement within the right-of-way designated as Dallas Road. He further advised that there have been no changes since the first reading and recommended that the Board adopt the proposed ordinance authorizing the vacation of a right-of-way and establishment of a public utility easement in its location. There were no citizens to speak on this item, and there was no discussion. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None June 26, 2007 575 ORDINANCE 0-062607-11 AUTHORIZING THE VACATION OF A RIGHT-OF-WAY DESIGNATED AS DALLAS ROAD AS SHOWN ON THE PLAT OF NORTH BURLINGTON HEIGHTS SUBDIVISION, SECTION 1, RECORDED IN PLAT BOOK 3, PAGE 57, IN THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID RIGHT-OF-WAY LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, the North Burlington Heights Subdivision, Section 1, plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 57, ("the North Burlington Heights Plat") established a street designated as Dallas Road, fifty feet (50') in width and connecting Webster Road (Route 1808) with Deer Branch Drive (Route 1882), located between Lots 1 and 2B for a portion of its length; and WHEREAS, the area designated and set aside for public use as Dallas Road on the North Burlington Heights Plat has never been improved or accepted into the Virginia State Secondary Road System; and WHEREAS, a portion of the designated Dallas Road extending approximately three hundred thirty five feet (335') from the northern edge of Deer Branch Drive has previously been vacated by action of the Roanoke County Board of Supervisors by Ordinance Number 113093-6, reserving therefrom a small area as a public utility easement; and WHEREAS, the property owners of Lots 1 and Lot 2B adjoining the remaining section of Dallas Road, extending approximately one hundred ninety-six feet (196') from the southern edge of Webster Road to the rear of these adjacent lots, have requested the vacation of this remaining unimproved portion of the fifty foot (50') right-of-way so as to permit these property owners to make improvements to their residential properties; and WHEREAS, the above described street or road is more clearly indicated as "ROAD TO BE VACATED" on "Plat Showing Portion of Dallas Road - To Be Vacated by Board of Supervisors of Roanoke County, Virginia", dated April 16, 2007, prepared by Roanoke County Department of Community Development and attached hereto as Exhibit "A"; and WHEREAS, no other property owner will be affected by the vacation of this undeveloped portion of said Dallas Road and that its current existence imposes an impediment to the adjoining property owners making improvements to their properties adjoining this previously dedicated but unimproved street; and WHEREAS, the adjoining property owners and residents of Roanoke County, as the Petitioners, have requested that, pursuant to ~15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate this right-of-way, designated as "Dallas Road" on the plat of the North Burlington Heights Subdivision, Section1, Plat Book 3, Page 57, as now shown on the attached Exhibit "A"; and 576 June 26, 2007 WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and WHEREAS, notice has been given as required by 915.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 12, 2007, and a second reading and public hearing of this ordinance was held on June 26, 2007. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (Dallas Road, a street 50 feet in width and approximately 196 feet in length) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That this street, Dallas Road, 50 feet in width and approximately 196 feet in length, being designated and shown as "ROAD TO BE VACATED" on Exhibit "A" attached hereto, said street being located between Lots 1 and 2B on the south side of Webster Road (Route 1808,) and having been dedicated on the subdivision plat of North Burlington Heights Subdivision, Section 1, and recorded in the aforesaid Clerk's Office in Plat Book 3, page 57, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to 915.2-2272 of the Code of Virginia,1950, as amended. 4. That all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs, shall be the responsibility of the Petitioners. 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with 915.2-2272 of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the ordinance. The motion was carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None June 26, 2007 577 2. Second readina of an ordinance to rezone 35.21 acres from 1-2. Industrial District. to AG-3. AariculturallRural Preserve District for the construction of ! sinale family dwellina. located at 5242 Beason Lane. upon the petition of Timothy and Rhonda Coleman. Catawba Maaisterial District. (Philip Thompson. Deputy Director of Plannina) 0-052207 -12 Mr. Thompson advised that the Colemans are requesting a rezoning of their property from 1-2 (industrial) to AG-3 (agricultural/rural preserve). He further . - advised that the property contains a single family house which is a nonconforming use. He stated that the Colemans would like to make improvements to their home and are having difficulty securing a loan due the nonconforming status of their house. Mr. Thompson further advised that the property is adjacent to the Norfolk Southern railroad tracks and the Roanoke River. He reported that the property has no public road frontage, but does have an access easement across railroad tracks from Norfolk Southern. The property rises in elevation from 1,100 feet to 1,400 feet and was zoned 1-2 in 1992; prior to that, the property was zoned agricultural. The surrounding properties are zoned R-1 (low density residential) to the south, east, and west; and 1-2 to the west (across the railroad tracks and river); and AG-3 to the north. He advised that the surrounding land uses include residential, agricultural, and vacant uses. The Community Plan has the property designated as principal industrial. He added that 578 June 26, 2007 while the proposal is inconsistent with the future land use designation, the property does not conform to the land use determinants for the principal industrial land use classification. Mr. Thompson advised that the Economic Development staff supports the request because the subject property is not well suited for industrial development due to rugged topography and access limitations. He further advised that the Planning Commission held a public hearing on June 5, 2007, and no citizens spoke. He added that the Planning Commission recommended approval of the request by a vote of five to zero. There were no citizens to speak on this item, and there was no discussion. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 062607 -12 TO REZONE 35.21 ACRES FROM 1-2, INDUSTRIAL DISTRICT, TO AG-3, AGRICUL TURAURURAL PRESERVE DISTRICT, FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING LOCATED AT 5242 BEASON LANE (TAX MAP NO. 65.00- 2-38), CATAWBA MAGISTERIAL DISTRICT UPON THE APPLICATION OF TIMOTHY AND RHONDA COLEMAN WHEREAS, the first reading of this ordinance was held on May 22,2007, and the second reading and public hearing were held June 26, 2007; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 5, 2007; and WHEREAS, legal notice and advertisement has been provided as required by law. June 26, 2007 579 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 35.21 acres, as described herein, and located at 5242 Beason Lane (Tax Map Number 65.00-2-38) in the Catawba Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of AG-3, Agricultural/Rural Preserve District. 2. That this action is taken upon the application of Timothy and Rhonda Coleman. 3. That said real estate is more fully described as follows: 35.21 acres located at 5242 Beason Lane and further described as Tax Map No. 65.00-2-38 4. 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. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 3. Second readinQ of an ordinance to rezone approximatelv 28.71 acres from R-1, Low Densitv Residential District, to C-2, General Commercial District, to construct! public library, and to obtain! Special Use Permit in order to allow! drive-in restaurant within the public library, located at 5690 Merriman Road, upon the petition of Roanoke County Library Services and Roanoke County Board of Supervisors, Cave SprinQ MaQisterial District. (Philip Thompson, Deputv Director of PlanninQ) 0-052207 -13 580 June 26, 2007 Mr. Thompson advised that this is a request to rezone County property from R-1 (low density residential) to C-2 (general commercial) to construct a public library and to obtain a special use permit for a drive-in window as part of a proposed coffee shop for the library. Mr. Thompson stated that the proposed project is approximately 60,000 square feet. He reported that the first floor will contain (1) the circulation desk and associated workspace; (2) large areas of book collections; (3) library offices; (4) shipping and receiving areas and other support space; (5) an auditorium; (6) a large meeting room; (7) the young adult areas; and (8) a small coffee shop with drive-thru window. Mr. Thompson reported that the second floor will contain (1) additional book collections; (2) computer labs; and (3) additional library office space and other support areas. Mr. Thompson advised that the lower level will hold the building's mechanical systems. He stated that one entrance to the site is proposed from Merriman Road; however, the exact location has not been finalized. He reported that the Board by previous action appropriated $500,000 for improvements to the curve in Merriman Road adjacent to the property. He further advised that there will be 205 parking spaces and public water and sewer will be provided to the site. He stated that the surrounding zoning is R-1 (low density residential) to the north, south, and west; C-1 (office) to the east; and C-2 (general commercial) to the south. He further advised that June 26, 2007 581 the surrounding land uses are single-family residences, Darrell Shell Park, Starkey Park, Penn Forest Elementary School, and some businesses and retail uses. He reported that community activity areas such as libraries are encouraged in development areas which is how this site is designated in the Community Plan; and he stated that although the drive-in coffee shop is not consistent with the site's land use designation, it is a small accessory component to the overall library project. Mr. Thompson advised that a community meeting was held on May 21, 2007, at Penn Forest Elementary School and that 12 citizens attended. Their concerns were the existing traffic on Merriman Road, Meadowlark Drive, and Crystal Creek Drive and the drive-through coffee shop window with its associated traffic. He further advised that the Planning Commission held a public hearing on June 5, 2007, and that two citizens spoke. Their concerns were that the property should be developed for park use and increased traffic in the area. He reported that the members of the Planning Commission had questions and concerns regarding the coffee shop, traffic, parking, access, internal signage, and building plans. He added that the Planning Commission recommended approval of the rezoning by a vote of five to zero and approval of the special use permit by a vote of three to two with two conditions: (1) the site shall be developed in substantial conformance with the concept plan submitted with the application; and (2) the coffee shop shall not exceed 2,000 square feet and the drive- through aisle designed to avoid conflict with pedestrian traffic and the main entrance. There were no citizens to speak on this item. 582 June 26, 2007 In response to Supervisor Wray's inquiry, Diana Rosapepe, Director of Library Services, advised that the majority of patron parking will be in the front of the building and that staff and service parking will be segregated from patron parking. She added that the traffic generated by the drive-thru window will be kept separate from patron traffic. Supervisor Wray asked for an update on the grants to develop the wetlands. Ms. Rosapepe reported that the focus of the project has been on the overall design; however, staff is currently researching possible wetland grant opportunities. In response to Supervisor Wray's inquiry regarding the community center, Ms. Rosapepe advised that the community center will be a multi-purpose facility. She added that this type of facility is currently unavailable in the County. She reported that the community center will be segregated from the library so that it can be used when the library is closed. She noted that the community center's meeting space can be subdivided for a variety of uses. She further advised that the coffee shop would be located in the same section of the building as the community center since it is also designed to operate independently of the library. This section will also include the young adult area of the library. Supervisor Wray inquired if the majority of the customers for the coffee shop's drive-thru window would be either library patrons or from local traffic. Ms. Rosapepe reported that the coffee shop's drive-thru window would primarily serve local patrons who would already be traveling in the area. June 26, 2007 583 In response to Supervisor Wray's inquiry, Ms. Rosapepe advised that the library would serve two districts as well as function as the library system's headquarters. She reported that the actual space available in the new library for the collections would be approximately double what it was in the library on Route 419 which will allow for growth. She added that the remaining space will be used for the mechanical systems and the community center. Supervisor Altizer requested what would be the hours of operation for the coffee shop. Ms. Rosapepe advised that the hours would be negotiated with the vendor once the vendor was selected. She added that coffee shops are a popular amenity in libraries; however, it is difficult to operate them successfully because there is generally not enough consistent traffic. In order to make the coffee shop feasible, staff is hoping to find a local business willing to manage its operation. She reported that the hours would be established with the vendor and that the coffee shop may open as early as 7:00 a.m. although the library would not open until 9:00 a.m. In response to an inquiry from Supervisor Altizer, Ms. Rosapepe responded that the coffee shop would be separate from the library, so the library itself would be secure. Supervisor Altizer advised that under the County's zoning ordinance, coffee shops are defined as fast food restaurants. He inquired what assurances could be given that the coffee shop would not be expanded further without input from the Board. Ms. Rosapepe agreed that soliciting the Board's input would be advisable. She 584 June 26, 2007 added as clarification, that the coffee shop will not have a kitchen, just a sink and microwave. It was never intended to be developed further. She advised that she is researching the types of contracts and stipulations other libraries use when implementing this type of business. There were no citizens to speak on this item. Supervisor Wray moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 062607-13 TO REZONE APPROXIMATELY 28.71 ACRES FROM R-1, LOW DENSITY RESiDENTIAL DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT, TO CONSTRUCT A PUBLIC LIBRARY, AND TO OBTAIN A SPECIAL USE PERMIT TO ALLOW A DRIVE-IN RESTAURANT WITHIN THE PUBLIC LIBRARY LOCATED AT 5690 MERRIMAN ROAD, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF THE ROANOKE COUNTY LIBRARY SERVICES AND THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held on May 22,2007, and the second reading and public hearing were held June 26, 2007; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 5, 2007; and WHEREAS, legal notice and advertisement has been provided as required by law. WHEREAS, the public necessity, convenience, general welfare and good zoning practice supports this rezoning. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 28.71 acres located at 5690 Merriman Road (Tax Map Number 97.05-1- 26) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District to the zoning classification of C-2, General Commercial District. June 26, 2007 585 2. That said real estate being rezoned is more fully described as follows: Tax Map No. 97.05-1-26 containing approximately 28.71 acres 3. That the Board finds that the granting of a special use permit to the Roanoke County Library Services and the Roanoke County Board of Supervisors to allow a drive-in restaurant within the public library located at 5690 Merriman Road (Tax Map Number 97.05-1-26) in the Cave Spring Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended. The special use permit is hereby approved with the following conditions: 1. The site shall be developed in substantial conformance with the concept plan by OWPR Architects and Engineers, entitled Roanoke County Public Library, South County Library, dated April 13, 2007. 2. The cafe/coffee shop shall not exceed 2,000 square feet, and the drive-through service shall be generally located as shown on the above referenced site plan, with the drive-through aisle designed to avoid conflict with pedestrian traffic and the main entrance. 4. That this action is taken upon the application of the Roanoke County Library Services and the Roanoke County Board of Supervisors. 5. 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. Supervisor Wray moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 586 June 26, 2007 4. Second readina of an ordinance to obtain! Special Use Permit to operate ! familv day care home on 0.22 acre. located at 2627 Creekwood Drive. upon the petition of LaSonia McKinstrv. Catawba Maaisterial District. (Philip Thompson. Deputy Director of Plannina) 0-052207-14 Mr. Thompson advised that Ms. McKinstry is requesting a special use permit to operate a family day care home at her residence located at 2627 Creekwood Drive. She currently cares for five children at another location; however, she wants to use her home for the care of eight children. The proposed use would stagger the drop off and pick up times to limit impact on traffic in the neighborhood. Mr. Thompson further advised that the surrounding zoning IS R-1, residential, and the surrounding land use is single-family homes. The community plan designation is neighborhood conservation, and this proposal is consistent with the policies of the Community Plan and the zoning ordinance. Mr. Thompson reported that the Planning Commission held a public hearing on June 5, 2007, and one citizen spoke regarding the commercial nature of the project and the possibility of increased traffic. The Planning Commission recommended approval of the request with a vote of five to zero with the condition that a maximum of eight children shall be allowed. June 26, 2007 587 Supervisor Church inquired if the petitioner was present. He inquired if Ms. McKinstry was capable of fulfilling the requirements of the Virginia Department of Social Services. Ms. McKinstry responded affirmatively adding that although she was allowed to care for up to twelve children by herself, her mother would be assisting her. She reported that the ages of the children she would be caring for were from two to five and that she was limiting the number of children she would care for to eight due to the size of her home. There were no citizens to speak on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 062607-14 GRANTING A SPECIAL USE PERMIT TO OPERATE A FAMILY DAY CARE HOME ON 0.22 ACRES LOCATED AT 2627 CREEKWOOD DRIVE (TAX MAP NO. 44.04-4-20) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF LaSONJA McKINSTRY WHEREAS, LaSonja McKinstry has filed a petition for a special use permit to operate a family day care home to be located at 2627 Creekwood Drive (Tax Map No. 44.04-4-20) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 5, 2007; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 22, 2007; the second reading and public hearing on this matter was held on June 26, 2007. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to LaSonja McKinstry to operate a family day care home to be located at 2627 Creekwood Drive in 588 June 26, 2007 the Catawba 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) A maximum of eight (8) children shall be allowed. 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. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 5. Second readina of an ordinance amendina Section 2-9. Court Costs for Courthouse Security of the Roanoke County Code to increase the court cost for individuals convicted in Roanoke County courts to fund courthouse security personnel. (Paul Mahoney. County Attorney) 0-052207 -15 Mr. Mahoney advised that this was the second reading of the ordinance. He added that there have been no changes in the ordinance since the first reading. He reported that this ordinance will implement legislation adopted by the 2007 session of the General Assembly that authorized local governments to increase a court house security fee from $5 to $10. He further advised that the limitations on the use of this fee are for courthouse security personnel, and it is anticipated that this increase in fee will result in approximately $80,000 in new revenue. He added that this $80,000 would be June 26, 2007 589 used to offset the existing personnel costs that the Sheriff has incurred for courthouse security operations. There were no citizens to speak on this item, and there was no discussion. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 0-052207-15 AMENDING SECTION 2-9. COURT COSTS FOR COURTHOUSE SECURITY OF THE ROANOKE COUNTY CODE TO INCREASE THE COURT COST FOR INDIVIDUALS CONVICTED IN ROANOKE COUNTY COURTS TO FUND COURTHOUSE SECURITY PERSONNEL WHEREAS, Section 53.1-120 of the Code of Virginia authorizes local governing bodies to impose and collect a fee to be used by localities to provide funding for courthouse security personnel; and WHEREAS, Ordinance 040803-11 adopted on April 8, 2003, implemented the Courthouse Security Fee in Roanoke County in the amount of Five Dollars ($5.00); and WHEREAS, the 2007 session of the Virginia General Assembly authorized an increase in this fee from Five Dollars ($5.00) to Ten Dollars ($10.00); and WHEREAS, the first reading of this ordinance was held on June 12, 2007, and the second reading and public hearing was held on June 26, 2007. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 2-9. Court Costs for Courthouse Security of Article I. ill General of Chapter 2. Administration of the Roanoke County Code be, and hereby is, amended to read and provide as follows: Sec. 2-9. Court Costs for Courthouse Security. The clerks of the district and circuit courts of the county, respectively shall assess and collect the sum of five dollars ($5.00) ten dollars ($10.00) as part of the costs in each criminal or traffic case in which an individual is convicted of a violation of any statute or ordinance. Such sums shall be collected by the clerk of the court in which the case is heard, remitted to the county treasurer and be held by the treasurer subject to appropriation by the board of supervisors to the sheriff's office for the funding of courthouse security personnel in the county courthouse. 590 June 26, 2007 2. That this ordinance shall become effective on July 1,2007. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1: Resolution of appreciation to Karen M. Foster. Police Department. upon her retirement followim:l six years of service. R-062607 -16 Chairman McNamara presented the resolution to Ms. Foster. Also present were members of Ms. Foster's family and Police Chief Ray Lavinder. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 062607-11 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO KAREN M. FOSTER, POLICE DEPARTMENT, UPON HER RETIREMENT AFTER SIX YEARS OF SERVICE WHEREAS, Karen M. Foster was employed by Roanoke County on January 6, 2001, as a Communications Officer for the Police Department; and WHEREAS, Ms. Foster retired from Roanoke County on June 1, 2007, after six years and five months of service with the Police Department; and WHEREAS, Ms. Foster was a team player and maintained a calm demeanor regardless of the emergencies that were presented to the Dispatch Center; and WHEREAS, Ms. Foster's continual striving to fulfill her responsibilities to the best of her abilities has been an inspiration to her fellow co-workers in the Dispatch Center; and June 26, 2007 591 WHEREAS, Ms. Foster's assistance as one of the "unseen first responders" has been invaluable in emergency situations, and she is to be commended for her commitment and dedication to the safety of citizens; and WHEREAS, Ms. Foster, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to KAREN M. FOSTER for more than six years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Wray: (1) He requested that Mr. Hodge provide an update on the Clearbrook Wal-Mart project, specifically on the number of entrances into the site. Mr. Hodge advised that, contrary to the letter to the editor printed recently in the Roanoke Times, it has always been the understanding of County staff, the Planning Commission, and the citizens that there would be two entrances into this development and that the County is working with the developer and VDOT toward that end. He added that he could not go into further detail since the litigation against the development is currently under appeal. (2) He requested that Arnold Covey provide an update on the County's efforts to create whistle stop zones in the areas in the Cave Spring and Catawba Districts where train traffic causes disturbances at night. Mr. Covey reported that Philip Thompson, Deputy Director of Planning, has spoken with Bill Barringer of Norfolk Southern regarding the procedure to implement a whistle stop zone. He 592 June 26, 2007 advised that cities and counties have different requirements which is why the City of Salem currently has whistle stop zones and the County does not. He further advised that he would determine what it will cost to implement whistle stop zones and bring the matter to the Board for review and action. Supervisor Church: He advised that he has heard from the citizens of Catawba regarding train whistles disturbing the peace at night for several years and some do not understand why the City of Salem has whistle stop zones and the County does not. He thanked Mr. Covey for clarifying the issue. He reported that the County is working toward a solution, and he thanked the citizens in his district for contacting him with their concerns. Supervisor Altizer: (1) He requested an update on the speed limit sign for Brookfield. Mr. Covey advised that he has contacted Dan Collins, Resident Engineer for Salem, requesting action and he has also forwarded the information on signal light queuing times for Mountainview Road which will need to be coordinated with VDOT's Bedford residency office. (2) He requested that VDOT be notified that the shoulder of the road on the curve near 3210 Pitzer Road has eroded and needs to be repaired. (3) He requested that Mr. Covey thank VDOT for installing speed bump signs on Randall Road at the location where the young man was killed last year. Supervisor Flora: He thanked Mr. Covey and his staff for their assistance in having traffic warning signs installed in North Burlington Heights which is the site of a dangerous curve. June 26, 2007 593 Supervisor McNamara: (1) He requested an update on the situation at The Cellar. Mr. Mahoney advised that a letter has been sent to the citizens who participated in the mediation process. He reported that he has not had any responses yet; although, he has heard through Supervisor Wray that the mitigation measures are not entirely successful. He further advised that there was a 3D-day deadline set for the mitigation measures; and if the measures prove unsuccessful, he will proceed with enforcement. (2) He advised that he will not attend the July 24, 2007, Board meeting due to a scheduling conflict. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 8:00 p.m. Approved by: )A~a--- Submitted by: Mary V. Brandt, CPS Assistant Deputy Clerk o eph P. McNamara airman 594 June 26, 2007 (This page left intentionally blank.)