Loading...
HomeMy WebLinkAbout11/20/2018 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY NOVEMBER 20, 2018 ORDINANCE 112019-1 AUTHORIZING CONVEYANCE OF A PUBLIC SANITARY EASEMENT TO THE WESTERN VIRGINA WATER AUTHORITY ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS LOCATED AT 20 VERNDALE DRIVE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (WVWA) requires a 3,897 square foot easement for an underground sanitary sewer extension and a ten (10) foot temporary construction easement within Brookside Park, located at 20 Verndale Drive (Tax Map No. 038.07-02-29.00-0000) in the Hollins Magisterial District; and WHEREAS, the park currently has a public sanitary sewer line that has reached its capacity for the community it serves and must be expanded; and WHEREAS, the required easement area is shown on the plat titled "Exhibit "A", Exhibit Showing New Variable Width Public Sanitary Sewer Easement & 10' Temporary Construction Easement Being Granted by Roanoke County Board of Supervisors to the Western Virginia Water Authority Situated at 20 Verndale Drive, Hollins Magisterial District, Roanoke County, Virginia" prepared by Lumsden Associates, P.C., and sealed by Larry Thomas Ogle, Jr., on August 22, 2018; and WHEREAS, the proposed easement will allow WVWA to install a new parallel sewer line to increase the sanitary sewer system hydraulic capacity and mitigate wet weather overflows in the area. It will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County; and WHEREAS, 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. Page 1 of 3 A first reading of this ordinance was held on November 7, 2018, and a second reading and was held on November 20, 2018. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows: 1. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to WVWA for the provision of sanitary sewer service. 2. That donation to WVWA of a 3,897 square foot variable width easement and a 10' temporary construction easement for an underground sanitary sewer extension and related improvements, within the easement area designated on the attached Exhibit "A", which is incorporated herein by reference, on the County's property known as Brookside Park, located at 20 Verndale Drive (Tax Map No. Tax Map No. 038.07-02-29.00-0000) in the Hollins Magisterial District, is hereby authorized and approved. 3. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 3 On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Peters and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None UJW!TUA11*11 i Deborah C. Jackt Chief Deputy Cle k the Board of Supervisors cc: Doug Blount, Director of Parks, Recreation and Tourism Peter Lubeck, Senior Assistant County Attorney Page 3 of 3 Consideration: N/A, see exemption below Prepared and Recorded By: Western Virginia Water Authority 601 S. Jefferson St., Suite 300 Roanoke, Virginia 24011 Tax Map No. 038.07-02-29.00-0000 Return to same address noted above This Deed is exempt (i) from recordation taxes pursuant to Section 58.1-811 (A)(3) and (C)(5) of the Code of Virginia (1950), as amended, and (ii) from the payment of Clerk's fees pursuant to Section 17.1-266 of the Code of Virginia (1950), as amended. NOTICE TO THE CLERK: When indexing this instrument, please refer to the Western Virginia Water Authority Clubhouse Drive Sanitary Sewer Replacement project THIS EASEMENT AGREEMENT, made this day of 2018, by and between ROANOKE COUNTY BOARD OF SUPERVISORS a political subdivision of the Commonwealth of Virginia (whether one or more, the "Grantor"); and the WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as amended ("Grantee"). WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Easement Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easements, to -wit: A new variable width RIGHT and EASEMENT and a variable width temporary construction easement, to construct, install, improve, operate, inspect, use, maintain, repair or replace a sewer line or lines and communication infrastructure including but not limited to fiber optics cable together with related improvements including slope(s), if applicable (collectively, the "easement"), together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the Grantor, acquired by deed dated January 1, 1900, and recorded in the Clerk's Office for Circuit Court of the City of Roanoke, Virginia, as Deed Book 939, Page Number 175, and designated on the Land Records as Tax Map No. 038.07-02-29.00-0000 (the "Property"). The location of said easement is generally described on the exhibit attached hereto as "Exhibit A" and by this reference made a part hereof, and more particularly described as being centered over the constructed sewer line or lines. The Grantee agrees to restore and repair any actual damage to Grantor's property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable to the condition at the time the easement was granted, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endangers or interferes with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee or its assigns and further grantees shall remain the property of the Grantee or its assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any Page 1 of 2 easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Easement Agreement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signature(s): GRANTOR(S): Roanoke County Board of Supervisors C Title: COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this day of , 2018, by , its of on behalf of said entity, Grantor. Notary Public My Commission Expires: My Registration Number is: GRANTEE: WESTERN VIRGINIA WATER AUTHORITY By: Scott Kroll Title: Director of En ing eering Services COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this day of , 2018, by Scott Kroll, Director of Engineering Services for the Western Virginia Water Authority, on behalf of said corporation, Grantee. Notary Public My Commission Expires: My Registration Number i Page 2 of 2 ACTION NO. A -112018-2.a ITEM NO. 1_1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $8,399.65 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Sheriff Department SUBMITTED BY: APPROVED BY: ISSUE: Eric Orange Sheriff Thomas C. Gates County Administrator Acceptance and allocation of $8,399.65 for the Bulletproof Vest Partnership Grant. BACKGROUND: The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a critical resource to State and local law enforcement. Since 1999, the BVP program has awarded more than 13,000 jurisdictions, a total of $430 million in federal funds for the purchase of over one million vests DISCUSSION: The U.S. Department of Justice's Bulletproof Vest Partnership awarded the Roanoke County Sheriff Department grant funds to assist in the purchase of protective vests for officers. FISCAL IMPACT: The total amount of the grant awarded is $16,799.30, which includes a fifty percent (50%) match. U. S. Department of Justice grant funds total $8,399.65 and the County match of $8,399.65 was appropriated by the Board of Supervisors in the fiscal year 2017-2018 Sheriff Department budget. No additional appropriation of County funds is Page 1 of 2 required. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds in the amount of $8,399.65 to the Sheriff Department from the U.S. Department of Justice's Bulletproof Vest Partnership. VOTE: Supervisor Peters moved to accept and allocate the grant funds. Supervisor McNamara seconded the motion. Motion approved. CC' Eric Orange, Sheriff Christopher Bever, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. North ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ Ms. Hooker ® ❑ ❑ CC' Eric Orange, Sheriff Christopher Bever, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A -112018-2.b ITEM NO. 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Request to accept and allocate funds in the amount of $22,592.31 from the Commonwealth of Virginia to the Clerk of the Circuit Court SUBMITTED BY: APPROVED BY: ISSUE: Jill Camilletti Deputy Clerk IV Thomas C. Gates County Administrator Request to accept and allocate funds in the amount of $22,592.31 to the Clerk of the Circuit Court from the Commonwealth of Virginia BACKGROUND: Technology Trust Funds representing fees collected by the Roanoke County Circuit Court Clerk's Office, have been received from the State in the amount of $22,592.31. In accordance with State of Virginia Code Section 17.1-279 stated the Circuit Court Clerks Office shall assess a $5.00 fee called Technology Trust Fund Fee. Each month, the Clerk's Office can request the fees that were assessed the previous month. The code section further states that four of every five dollar fee shall be allocated by the Compensation Board from the trust fund for the purposes of obtaining and updating office automation and information technology equipment including software and conversion services; preserving, maintaining and enhancing court records, including but not limited to the costs of repairs, maintenance, land records, consulting services, service contracts, redaction of social security numbers from land records and system replacement or upgrades and improving public access to court records. DISCUSSION: The funds received from the Commonwealth of Virginia have been earmarked for maintenance needs for the Clerk of Circuit Court, specifically towards the twice yearly Page 1 of 2 maintenance bill from the Supreme Court for maintaining their records, equipment, etc., and for adding money to the postal account to aid in postage fees/costs. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $22,592.31 to the Clerk of Circuit Court from the Commonwealth of Virginia. VOTE: Supervisor Peters moved to accept and allocate the funds. Supervisor McNamara seconded the motion. Motion approved. CC' Jill Camilletti, Deputy Clerk IV Christopher Bever, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. North ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ Ms. Hooker ® ❑ ❑ CC' Jill Camilletti, Deputy Clerk IV Christopher Bever, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A -112018-2.c ITEM NO. 13 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board; Roanoke County Library Board; South Peak Community Development Authority SUBMITTED BY: APPROVED BY: ISSUE: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Confirmation of appointments BACKGROUND: Blue Ridge Behavioral Healthcare Board: Jessica Webb, Roanoke County Representative, three-year term will expire December 31, 2018. The Blue Ridge Behavioral Healthcare Board has recommended that Ms. Webb serve an additional three-year term to expire December 31, 2021. Col. Bobby Russell, At -Large Representative, was reappointed to the Board for an additional three-year term, which expires December 31, 2021 and must be ratified by the Board of Supervisors. It is the consensus of the Board of Supervisors to reappoint both Ms. Webb and Col. Russell. Roanoke County Library Board: Jim Nelson, representing the Cave Spring Magisterial District, will rotate off the Board as of December 31, 2018. He has reached the limit of the number of terms he can Page 1 of 2 serve. Supervisor Assaid has recommended Catherine Case to replace Mr. Nelson to a four-year term to expire December 31, 2022. South Peak Community Development Authority (CDA): The four-year appointments of Rebecca Owens and Richard Caywood will expired October 25, 2018. It is the consensus of the Board of Supervisors to reappoint both Ms. Owens and Mr. Caywood to additional four-year terms that will expire on October 25, 2022. STAFF RECOMMENDATION: Staff recommends confirmation of all appointments. VOTE: Supervisor Peters moved to confirm the appointments. Supervisor McNamara seconded the motion. Motion approved. CC' Shari Henry, Director of Library Services Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. North ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ Ms. Hooker ® ❑ ❑ CC' Shari Henry, Director of Library Services Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 20, 2018 RESOLUTION 112018-2 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 20, 2018, 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 6 inclusive, as follows - 1 . ollows: 1. Approval of minutes — October 9, 2018 2. Request to accept and allocate grant funds in the amount of $8,399.65 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Sheriff Department 3. Request to accept and allocate funds in the amount of $22,592.31 from the Commonwealth of Virginia to the Clerk of the Circuit Court 4. Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board; Roanoke County Library Board; South Peak Community Development Authority 5. Request to accept and allocate grant funds in the amount of $24,318.45 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department 6. Request to approve revisions to the Board of Supervisors budget development calendar for fiscal year 2019-2020 Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None ATTESTE: 1 ,s orah C. Jacks/ Chief Deputy Clgrk the Board of Supervisors Page 2 of 2 ACTION NO. A -112018-2.d ITEM NO. 1_5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $24,318.45 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department SUBMITTED BY: APPROVED BY: ISSUE: Howard B. Hall Chief of Police Thomas C. Gates County Administrator Acceptance and allocation of $24,318.45 for the Bulletproof Vest Partnership Grant. BACKGROUND: The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a critical resource to State and local law enforcement. Since 1999, the BVP program has awarded more than 13,000 jurisdictions, a total of $430 million in federal funds for the purchase of over one million vests. DISCUSSION: The U.S. Department of Justice's Bulletproof Vest Partnership awarded the Roanoke County Police Department grant funds to assist in the purchase of protective vests for officers. FISCAL IMPACT: The total amount of the grant awarded is $24,318.45, which includes a fifty percent (50%) match. U. S. Department of Justice grant funds total $12,159.22 and the County match of $12,159.23 was appropriated by the Board of Supervisors in the fiscal year Page 1 of 2 2017-2018 Police Department budget. No additional appropriation of County funds is required. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds in the amount of $24,318.45 to the Police Department from the U.S. Department of Justice's Bulletproof Vest Partnership. VOTE: Supervisor Peters moved to accept and allocate the grant funds. Supervisor McNamara seconded the motion. Motion approved. CC' Howard B. Hall, Chief of Police Christopher Bever, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. North ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ Ms. Hooker ® ❑ ❑ CC' Howard B. Hall, Chief of Police Christopher Bever, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A -112018-2.e ITEM NO. 1_5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Request to approve revisions to the Board of Supervisors budget development calendar for fiscal year 2019-2020 SUBMITTED BY: Christopher R. Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Approval of revisions to Board of Supervisors budget development calendar for fiscal year 2019-2020. BACKGROUND: On September 11, 2018, the Board of Supervisors approved the fiscal year 2019-2020 budget development calendar. Staff is recommending several revisions to the budget development calendar. An updated calendar is included as Attachment A. DISCUSSION: Staff recommends approval of the following changes to the fiscal year 2019-2020 budget development calendar: adding a work session on December 4, 2018 regarding the County's Cityworks system; moving the County of Roanoke Transportation (CORTRAN) presentation from December 4, 2018 to December 18, 2018; and moving the fiscal year 2017-2018 audit results from December 4, 2018 to December 18, 2018. FISCAL IMPACT: There is no fiscal impact associated with the approval of the revisions to the budget development calendar. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approval of the revisions to the fiscal year 2019-2020 budget development calendar. VOTE: Supervisor Peters moved to approve the revisions. Supervisor McNamara seconded the motion. Motion approved. CC' Christopher Bever, Director of Management and Budget Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. North ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ Ms. Hooker ® ❑ ❑ CC' Christopher Bever, Director of Management and Budget Page 2 of 2 ATTACHMENT A Fiscal Year 2019-2020 Revised Budget Development Calendar (dates subject to change) 11/20/2018 1 of 2 Date Board Actions Public Hearings Briefings/Work Sessions 24 -Jul -18 28 -Aug -18 11 -Sep -18 Approval of FY 2019-2020 budget development calendar (consent agenda) 25 -Sep -18 Work Session: Fiscal Year 2017-2018 Preliminary and Unaudited Year -End Overview (Finance, Budget) 9 -Oct -18 23 -Oct -18 7 -Nov -18 Work Session: Fire and Rescue Department Staffing (Fire and Rescue) 20 -Nov -18 Work Session: Capital Improvement v Program (CIP) Update (County and Schools); Capital Projects Status Report Work Session: Communications / Information Technology Structural Organization (Communications / Information Technology Departments) 4 -Dec -18 Briefing: 2019 Reassessment (Assessor, Budget) Work Session: Cityworks System (Community Development, GIS, & Information Technology) 18 -Dec -18 Briefing: Fiscal Year 2017-2018 Audit Results (Finance) Work Session: CORTRAN (Budget, Parks Recreation, and Tourism, Social Services) 8 -Jan -19 Work Session: County Financial Polices Review - ifnecessary (Finance, Budget) 22 -Jan -19 Approval of updated County Briefing: County Administrator's financial policies - if necessary Proposed FY 2020-2029 Capital (resolution) Improvement Program Presentation Work Session: FY 2018-2019 Mid -Year Revenue and Expenditure Update; Fiscal Year 2019-2020 Budget Issues 12 -Feb -19 Work Session: FY 2019-2020 Revenue Outlook; County Fees & Charges Compendium 26 -Feb -19 Work Session: FY 2020-2029 Capital Improvement Program 12 -Mar -19 Briefing: County Administrator's Proposed FY 2019-2020 Operating Budget Presentation 11/20/2018 1 of 2 ATTACHMENT A Fiscal Year 2019-2020 Revised Budget Development Calendar (dates subject to change) 11/20/2018 2 of 2 Date Board Actions Public Hearings Briefings/Work Sessions 26 -Mar -19 Adoption of 2019 maximum tax Public Hearing: Effective Tax Work Session: Total Compenstation; rates (resolution) Rate (if necessary) Outside Agencies; Revenue Update (if Public Hearing: Maximum Tax necessary) Rate 9 -Apr -19 Adoption of 2019 tax rates (order) Public Hearing: Tax Rate Work Session: Departmental Budgets; Adoption Other General Fund Budgets Public Hearing: Operating and Captial Budgets (first of two) 23 -Apr -19 Work Session: Schools, CIP, Debt, Other/Follow-Up Items 14 -May -19 First reading of budget ordinances Public Hearing: Operating and F" (total of five ordinances) Captial Budgets (two of two) Approval of School Board budget (resolution) 28 -May -19 Second reading of budget ordinances (total of five ordinances) Approval of operating and capital budgets, revenues and expenditures for County and Schools (resolution) 11 -Jun -19 25 -Jun -19 11/20/2018 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 20, 2018 RESOLUTION 112018-3 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. Page 1 of 2 On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None Chief Deputy Clerk Page 2 of 2 xs AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 20, 2018 ORDINANCE 112018-4 REZONING APPROXIMATELY 6.398 ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND AR (AGRICULTURAL/ RESIDENTIAL) DISTRICT TO AN AV (AGRICULTURAL VILLAGE) DISTRICT; AND TO OBTAIN A SPECIAL USE PERMIT FOR A CONSTRUCTION YARD; LOCATED AT 4821 POOR MOUNTAIN ROAD (TAX MAP NO. 064.02-01-56.00-0000), 4835 POOR MOUNTAIN ROAD (TAX MAP NO. 064.02-01-55.00-0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Richard and Kay Atkinson, have petitioned to: 1) Rezone an approximately 2.33 acre parcel from R1 (low density residential) district to AV (agricultural/ village center) district, located at 4821 Poor Mountain Road (Tax Map No. 064.02-01-56.00-0000); and 2) Rezone an approximately 4.068 acre parcel from AR (agricultural/ residential) district to AV (agricultural/ village center) district, located at 4835 Poor Mountain Road (Tax Map No. 064.02-01-55.00-0000); and 3) Obtain a special use permit for the operation of a construction yard located at 4821 and 4835 Poor Mountain Road; and WHEREAS, the first reading of this ordinance was held on October 23, 2018, and the second reading and public hearing were held on November 20, 2018; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 5, 2018; and WHEREAS, the Planning Commission recommends approval of the petition; and WHEREAS, legal notice and advertisement has been provided as required by law. Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of Richard and Kay Atkinson to A) rezone an approximately 2.33 acre parcel from R1 (low density residential) district to AV (agricultural/ village center) district, located at 4821 Poor Mountain Road (Tax Map No. 064.02-01-56.00- 0000); and B) rezone an approximately 4.068 acre parcel from AR (agricultural/ residential) district to AV (agricultural/ village center) district, located at 4835 Poor Mountain Road (Tax Map No. 064.02-01-55.00-0000) is hereby approved. 2. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and good zoning practice, and will not be a substantial detriment to the community. 3. The petition of Richard and Kay Atkinson to obtain a special use permit for the operation of a construction yard located at 4821 and 4835 Poor Mountain Road; is here by approved with the following condition: a. The site shall be developed in general conformance with the Rezoning Site Plan dated June 12, 2018, and prepared by Pierson Engineering & Surveying except large evergreen trees shall be planted along the construction yard limits instead of large deciduous trees. 4. The Board further finds that the granting of the special use permit meets with the requirements of Section 30-19-1 of the Roanoke County Code. The proposed use conforms with the standards set forth in article IV, use and design standards, and further conforms with the following general standards: Page 2 of 4 a. The proposed use is in conformance with the comprehensive plan of the County, and with official County policies adopted in relation thereto, including the stated purposes of the zoning ordinance. b. The proposed use will have a minimum adverse impact on the surrounding neighborhood and community; the Planning Commission has evaluated adverse use with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, odor, fumes and vibrations. c. In considering impacts, the Planning Commission has given due regard to the timing of the operation, site design, access, screening, and other matters which might be regulated to mitigate adverse impact. 5. This ordinance shall be in full force and effect thirty (30) days after its final passage. 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 Peters and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A COPY TESTE: Deborah C. Jack4 j" Chief Deputy Clerk(t he Board of Supervisors Page 3 of 4 cc: Philip Thompson, Acting Director of Planning Tarek Moneir, Acting Director of Development Services William Driver, Director of Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 20, 2018 ORDINANCE 112018-5 REZONING APPROXIMATELY 82.05 ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO AG -3 (AGRICULTURAL/ RURAL PRESERVE) DISTRICT; LOCATED AT 4191 BARLEY DRIVE (TAX MAP NO. 065.00-02-39.00-0000), 4185 BARLEY DRIVE (TAX MAP NO. 065.00-02-43.13-0000), AND 4165 BARLEY DRIVE (TAX MAP NO. 065.00-02-43.12-0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Horace Obenchain, the owner of approximately 82.05 acres located in the Catawba Magisterial District at 4191 Barley Drive (Tax Map No. 065.00-02-39.00- 0000), 4185 Barley Drive (Tax Map No. 065.00-02-43.13-0000), and 4165 Barley Drive (Tax Map No. 065.00-02-43.12.0000), is requesting to rezone the property from an R-1 (low density residential) district to an AG -3 (agricultural/ rural preserve) district, to enable the keeping of livestock on the property; and WHEREAS, the first reading of this ordinance was held on October 23, 2018, and the second reading and public hearing were held on November 20, 2018; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 2, 2018 and again heard public comments on this matter on November 5, 2018; and WHEREAS, the Planning Commission recommends approval of the petition; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of Horace Obenchain to rezone approximately 82.05 acres located in the Catawba Magisterial District at 4191 Barley Drive (Tax Map No. 065.00 -02 - Page 1 of 2 39.00-0000), 4185 Barley Drive (Tax Map No. 065.00-02-43.13-0000), and 4165 Barley Drive (Tax Map No. 065.00-02-43.12.0000), from an R-1 (low density residential) district to an AG -3 (agricultural/ rural preserve) district, is hereby approved. 2. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and good zoning practice, and will not be a substantial detriment to the community. 3. This ordinance shall be in full force and effect thirty (30) days after its final passage. 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 roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 0 TESTE: Chief Deputy Clerk to cc: Philip Thompson, Acting Director of Planning Tarek Moneir, Acting Director of Development Services William Driver, Director of Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 2 of 2 Board of Supervisors