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HomeMy WebLinkAbout1/23/2007 - Regular January 23, 2007 21 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 23, 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 January, 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, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Michael A. Wray MEMBERS ABSENT: Vice-Chairman Richard C. Flora STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Diane S. Childers, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Pastor Jack Woods, Oak Grove Assembly of God. The Pledge of Allegiance was recited by all present. 22 January 23, 2007 REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested the addition of Item P-2, work session to discuss transportation legislation pending in the General Assembly. There was a consensus of the Board to add the work session. INRE: INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recoanition of student deleaation from Woniu, Korea and presentation of Certificates of Honorary Citizenship Chairman McNamara presented certificates of honorary citizenship and a gift to the following students: Son Young-Eus, Kim D-Bora, Yu So-Yeon, Choi Yu-Ri, Lee Sang-Min, Ju Ji-Hae, Kwag Ji-Won, Hong Jun-Won, Jeong Do-Gyun, Jang Han- Sol, Yoon Sang-Yeon, and Jeong Ha-Ram. A certificate of honorary citizenship and gift were also presented to Lee Min-Young, chaperone. The following representatives from the Roanoke Valley Sister Cities were also in attendance: David K. Lisk, Executive Director; Jennifer Mulligan; and Linda Harrison. 2. Resolution of appreciation to Robert J. Imboden, Parks, Recreation and Tourism Department upon his retirement after six years of service R-012307-1 January 23, 2007 23 Chairman McNamara presented the resolution to Mr. Imboden. Also present were Pete Haislip, Director of Parks, Recreation and Tourism; and Mark Courtright, Assistant Director of Parks. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 012307-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ROBERT J. IMBODEN, PARKS, RECREATION AND TOURISM DEPARTMENT, UPON HIS RETIREMENT AFTER SIX YEARS OF SERVICE WHEREAS, Robert J. Imboden was first employed by Roanoke County on October 5, 2000, as a Parks Maintenance Worker for the Parks, Recreation and Tourism Department; and WHEREAS, Mr. Imboden retired from Roanoke County on December 1, 2006, after six years of service; and WHEREAS, Mr. Imboden assisted the Parks Division by using his highly trained skills and abilities as an equipment operator, carpenter, and general construction tradesman in the construction of many park projects throughout Roanoke County, including the restoration and rededication of Camp Roanoke; and WHEREAS, Mr. Imboden provided valuable support for the care of the park system which included making repairs and general maintenance; and WHEREAS, Mr. Imboden, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens by building and promoting safe and aesthetically maintained parks for the enjoyment of all Roanoke Valley 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 ROBERT J. IMBODEN for six years of capable, loyal, and dedicated service to Roanoke County; and 24 January 23, 2007 FURTHER, the Board of Supervisors does express its best wishes 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, McNamara NAYS: None ABSENT: Supervisor Flora 3. Recoanition of the Police Department for receivina re- accreditation ~ the Commission on Accreditation for Law Enforcement Aaencies Chairman McNamara recognized the following representatives of the Police Department: Chief Ray Lavinder, Assistant Chiefs Donna Furrow and Terrell Holbrook, Lieutenant Jimmy Chapman, and Officer Nancy Short. IN RE: INTRODUCTION Arnold Covey, Director of Community Development, introduced Teresa Becher, newly hired Transportation Engineering Manager in the Community Development Department. INRE: NEW BUSINESS 1: Reauest for authorization to execute! fiscal aaent aareement and an investment aareement with the Western Virainia Water Authority. (Diane Hvatt. Chief Financial Officer) A-012307 -2 Ms. Hyatt advised that the County of Roanoke currently serves as the fiscal agent for the Western Virginia Water Authority (WVWA), based upon the terms of January 23, 2007 25 the operating agreement signed on June 30,2004, when the WVWA was formed. She stated that staff would like to formalize this arrangement with a Fiscal Agent Agreement that defines the fiscal agent's role for providing such items as the maintenance of general ledger, pooled cash, vendor payments and the payroll function. The fee for this arrangement is also formalized in this agreement to be $75,000 annually. In addition, this agreement is for a specific period of time, which is through June 30, 2008. Ms. Hyatt indicated that a copy of the agreement was attached to the Board report. She further stated that the WVWA has asked for the ability to invest funds on their own, and this is being documented in the form of an Investment Agreement in order to limit the liability of the County. She reported that the Investment Agreement does the following: (1) Eliminates the County liability for funds that are invested by the WWVA; (2) Specifies the amount of funds that the WVWA must keep in the County pooled cash account to be $8 million, in order to meet all monthly obligations that may be incurred; and (3) Specifies the procedures for withdrawal of funds by the WVWA so that it does not adversely affect the County Treasurer's investments. Ms. Hyatt noted that the Investment Agreement was included as Attachment B with the Board report, and that the WWJA approved these agreements at their meeting on January 18, 2007. She advised that the $75,000 generated by these agreements will be part of the General Fund revenues and that last year, this arrangement generated approximately $50,000 in General Fund revenues although it was not documented with a formal agreement. There was no discussion regarding this item. 26 January 23, 2007 Supervisor McNamara moved to approve the staff recommendation (authorize the County Administrator to execute the Fiscal Agent Agreement and the Investment Agreement in substantially the form presented here, after approval as to form from the County Attorney). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 2. ReQuest to adopt! resolution declarina intent to reimburse expenditures for the South County Library from bond proceeds. (Diane Hvatt. Chief Financial Officer) R-012307 -3 Ms. Hyatt advised that the County is currently in the design phase for a new library in South County. She stated that staff is working with the architects on the initial design of the facility, and noted that the Board has appropriated over $2 million to this project through the funded portion of the Capital Improvements Plan. In addition, the future debt fund projections include the planned sale of bonds to fund the majority of the project. She advised that the funds that are currently being spent can be reimbursed to the County at a later date with bond proceeds, if the County declares its intention to do so before the funds are spent. She noted that the resolution pending before the Board will allow the County to reimburse itself at a later date and will allow for greater flexibility in structuring future borrowing. January 23, 2007 27 Supervisor Altizer moved to adopt the resolution. He subsequently withdrew the motion. Supervisor McNamara requested clarification that this did not authorize the borrowing and that the intent of this action was to allow greater flexibility with respect to future borrowings. Ms. Hyatt advised that this was correct. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora Supervisor Wray noted that a work session will be held on February 13 to discuss the South County Library, and he noted that plans will be available for review at that time. He stated that it is a beautiful concept and the citizens of Roanoke County will enjoy this future library. RESOLUTION 012307-3 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN COSTS OF A NEW LIBRARY The Board of Supervisors of the County of Roanoke, Virginia (the "County") has determined that it may be necessary or desirable to advance money to pay the costs of designing, constructing and equipping a new library (the "Project"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of designing, constructing and 28 January 23, 2007 equipping the Project from the proceeds of its debt or other financing. The maximum amount of debt or other financing expected to be issued for the design, construction and equipping the Project is $15,000,000. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 3. Reauest to adopt! resolution approvina the abandonment of ! portion of State Route 633. Benois Road. Cave Sprina Maaisterial District. and acceptina the dedication of ! new road into the secondary system. (Jill Loope. Assistant Director of Economic Development) R-012307 -4 Ms. Loope advised that the Mennel Milling Company is constructing a new 73,480 square foot flour mill on approximately 26 acres located on Benois Road. She indicated that the company is currently on schedule with their construction, and they are expected to begin manufacturing by July of 2007. They plan to conduct their initial testing of equipment in April with production activities beginning in May and June. She advised that it has been determined that the turnaround facility at the end of Benois Road needs to be relocated to accommodate the project. This will also include a realignment of Benois Road, allowing for an improved and adequate entrance into the property to serve Mennel's operations. Ms. Loope stated that Mennel will not be using January 23, 2007 29 the Commonwealth Drive access which will be going to Penn Forest Elementary School; they plan to use the Benois Road access. Ms. Loope reported that, as is customary with state roads, a resolution of support is required by the local governing body to abandon and accept a new road into the secondary road system. County staff and the Virginia Department of Transportation (VDOT) have reviewed the proposed reconfiguration and have found the configuration to be satisfactory. She noted that a drawing depicting the proposed new alignment was included with the agenda packet to further explain the project. She advised that Stephen Lemon, counsel for Mennel Milling, was present at the meeting to address any questions. Supervisor Wray noted that legislation is currently pending in the General Assembly regarding secondary roads. He questioned how this might potentially affect any decision by the Board at this point. Mr. Mahoney advised that he is not aware of any adverse impact that the pending legislation would have on this decision. He stated that it is possible that the legislation could be amended to make it retroactive; however, he does not anticipate that this would occur. He indicated that at this point, the draft bill pending before the General Assembly is prospective in its impact and will not have any affect on this transaction. Supervisor Wray requested clarification that the road will not go through to Penn Forest Elementary School. Ms. Loope responded that the company plans to use the Benois Road access and not Commonwealth Drive. 30 January 23, 2007 Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 012307-4 ABANDONING A PORTION OF BENOIS ROAD (STATE ROUTE 633), CAVE SPRING MAGISTERIAL DISTRICT, REQUESTING ACCEPTANCE OF A NEW PORTION OF BENOIS ROAD, AND GUARANTEEING RIGHT-OF-WAY FOR THE NEW PORTION OF BENOIS ROAD WHEREAS, construction of access facilities serving the Mennell Milling Company complex at the end of State Route 633, Benois Road, Cave Spring Magisterial District, requires the existing turnaround facility to be relocated: and WHEREAS, the proposed reconfiguration of the turnaround facility has been reviewed by County staff and the Virginia Department of Transportation and found satisfactory: and WHEREAS, this Board was provided a composite drawing of the proposed reconfiguration, which is incorporated herein and made a part hereto. NOW THEREFORE, THIS BOARD does hereby approve the realignment of Benois Road as shown on the composite drawing; and BE IT FURTHER RESOLVED, pursuant to 933.1-155, Code of Virginia, this Board orders abandoned as part of the secondary system of state highways the portion of State Route 633, Benois Road, from Point A (located 0.34 miles from State Route 904) to Point B (located 0.35 miles from State Route 904), a distance of 0.01 miles; and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to accept that part of State Route 633, Benois Road, from Point A (located 0.34 miles from State Route 904) to Point C (located 0.37 miles from State Route 904), a distance of 0.03 miles, for maintenance as part of the secondary system of state highways under its jurisdiction; and BE IT FURTHER RESOLVED, this Board hereby guarantees the right of way for the new location, as depicted on the composite drawing, as well as any necessary easements for fills or drainage for said roadway portion, to be clear and unencumbered; and BE IT FINALLY RESOLVED, this resolution shall become effective at such time as officials of the Virginia Department of Transportation deem the construction of the January 23, 2007 31 relocated turning facility is complete and in accordance with appropriate standards of design and construction. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 4. Reauest for authorization to execute ! modification agreement between the County of Roanoke, the Roanoke County Economic Development Authority (EDA), and Novozvmes Biologicals, Inc. (Jill Loope, Assistant Director of Economic Development) A-012307-5 Ms. Loope reported that Roanoke County entered into a performance agreement with Novozymes Biologicals on November 29, 2001. She stated that the agreement provided for an economic development grant and certain other considerations to the company based upon measurable performance goals. The proposed development was to be implemented in two phases: (1) Phase I included the construction of a 20,000 square foot office, administration, and research and development facility with a minimum investment of $2 million in improvements, $520,000 in new equipment, and the employment of at least 34 people. To date, Novozymes has exceeded these projections at their facility located in Roanoke County's Center for Research and Technology. (2) Phase II of the project included the construction of an approximately 85,000 square foot manufacturing facility resulting in a minimum investment of $4.6 million in building improvements and $3.5 million in new 32 January 23, 2007 and relocated equipment within five years of the date of the agreement. She advised that due to several corporate acquisitions and related restructuring initiatives, Novozymes has not yet met the December 31, 2006, deadline for this phase of development. Therefore, Novozymes is requesting a two-year extension to the performance agreement to allow them additional time to implement Phase II of the project. Ms. Loope reported that the performance agreement requires a payment of $170,000 for the Phase I land costs if the December 31, 2006, deadline is not met. The proposed modification agreement allows for a two-year extension of the contract in exchange for an increase in the land cost by 6% per year. Supervisor McNamara stated that Novozymes has been a great partner to both Roanoke County and the Roanoke Valley. He indicated that he feels this is a very appropriate modification agreement. He noted that it is not open-ended and he voiced support for providing Novozymes with the opportunity to meet the terms of the agreement. He noted that the taxpayers are being compensated for the extension of the terms of the agreement. Supervisor Church echoed the comments made by Supervisor McNamara, and he advised that this agreement will provide a benefit to all parties. Supervisor Church moved to approve the staff recommendation (authorize the execution of the modification agreement between the County of Roanoke, the January 23, 2007 33 Roanoke County Economic Development Authority (EDA), and Novozymes Biologicals, Inc). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Altizer moved to approve the first readings and set the second readings and public hearings for February 27, 2007. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 1. First readina of an ordinance to rezone approximately 10.3 acres from AG-3, Aariculturall Rural Preserve District, to PRD, Planned Residential District, and to amend the existina Loblolly Mill, LLC Master Plan on 94.229 acres upon the petition of Loblolly Mill, LLC. The development will have .! maximum density of 0.33 houses per acre and will be located at 3672, 3804, and 3796 Sterlina Road, Vinton Maaisterial District. 34 January 23, 2007 INRE: 2. First readina of an ordinance to remove proffered conditions on 35.14 acres of property. located south of Interstate 81 and west of Plantation Road. Hollins Maaisterial District. upon the petition of Oppidan Investment Company. 3. First readina of an ordinance to obtain !. special use permit to operate !. recreational vehicle sales and service facility on 38.65 acres located at 8010 Plantation Road and south of Interstate 81. Hollins Maaisterial District. upon the petition of Oppidan Investment Company. SECOND READING OF ORDINANCES 1. Second readina of an ordinance authorizina conveyance of an easement to Mountain Brook Development. Inc. throuah property owned ~ the Roanoke County Board of Supervisors at Vinyard Park to provide !. mainline sanitary sewer connection. Vinton Maaisterial District. (Pete Haislip. Director of Parks. Recreation and Tourism) 0-012307-6 Mr. Haislip advised that this is the second reading of the ordinance, and he noted that there have been no changes since the first reading. There was no discussion on this item. January 23, 2007 35 Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora ORDINANCE 012307 -6 AUTHORIZING CONVEYANCE OF AN EASEMENT TO MOUNTAIN BROOK DEVELOPMENT, INC. THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT VINYARD PARK (TAX MAP NO. 61.05-02-01 AND 61.05-02-02) TO PROVIDE A MAINLINE SANITARY SEWER CONNECTION FROM THE PROPOSED MOUNTAIN BROOK SUBDIVISION LOCATED WITHIN THE CITY OF ROANOKE CORPORATE LIMITS TO THE GLADE CREEK SANITARY SEWER INTECEPTOR LOCATED ALONG THE SOUTH SIDE OF THE NORFOLK & WESTERN RAILROAD RIGHT-OF-WAY IN VINYARD PARK, VINTON MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of two parcels of land containing 53.038 acres off Berkley Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map Nos. 61.05-02-01 and 61.05-02-02; and, WHEREAS, Mountain Brook Development, Inc. has requested the conveyance of an easement across this property to provide for a mainline sanitary sewer connection from the proposed Mountain Brook Subdivision located within the City of Roanoke corporate limits to the Glade Creek sanitary sewer interceptor located along the south side of the Norfolk & Western Railroad right-of-way within Vinyard Park; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on January 9, 2007; and the second reading was held on January 23,2007. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Mountain Brook Development, Inc. for a mainline sanitary sewer connection from the proposed Mountain Brook Subdivision located within the City of Roanoke corporate 36 January 23, 2007 limits to the Glade Creek sanitary sewer interceptor located along the south side of the Norfolk & Western Railroad right-of-way within Vinyard Park. 2. That conveyance to Mountain Brook Development, Inc. of a sanitary sewer easement as shown and described as ". . . Proposed 20' S.S.S" (400 sq. ft.) on a plat entitled "Easement Sketch for Roanoke County Board of Supervisors showing . . . Proposed 20' Public Sanitary Sewer Easement" being granted by Roanoke County Board of Supervisors to Mountain Brook Development, Inc. Situated on Tax #61.05-02- 01 and 61.05-02-02 (Plat Book 28, Page 71) Vinton Magisterial District" prepared by Balzer and Associates, Inc., dated November 1, 2006, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts the payment of $1500.00 as fair market value compensation for this easement and that this sum is appropriated to the Department of Parks, Recreation and Tourism Capital Maintenance Fund. 4. 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 form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora INRE: APPOINTMENTS 1.:. Grievance Panel Chairman McNamara advised that the three-year term of Karen Ewell will expire on February 23, 2007. 2. Roanoke Reaional Airport Commission Chairman McNamara advised that the four-year term of Arthur M. Whittaker, Sr., will expire on February 11,2007. January 23, 2007 37 IN RE: CONSENT AGENDA R-012307-7; R-012307-7.c Supervisor McNamara moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 012307-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for January 23, 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 4, inclusive, as follows: 1. Approval of minutes - January 9, 2007 2. Request from the Sheriff's Office to accept and appropriate grant funds totaling $145,376 from the Department of Criminal Justice Services for a criminal justice record system improvement program 3. Request from the Police Department to accept and appropriate grant funds totaling $2,000 4. Acceptance of Peebles Lane, Windsor Hills Magisterial District, into the Virginia Department of Transportation Secondary System 2. 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 38 January 23, 2007 RESOLUTION 012307 -7 .c REQUESTING ACCEPTANCE OF PEEBLES LANE, WINDSOR HILLS MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form LA-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to 933.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Moved by: Supervisor McNamara Seconded by: None Required Yeas: Supervisors Wray, Church, Altizer, McNamara Nays: None Absent: Supervisor Flora IN RE: REQUESTS FOR WORK SESSIONS 1. ReQuest to schedule ! work session on February 13. 2007. to discuss the new South County Library. (Diane Hvatt. Chief Financial Officer) It was the consensus of the Board to schedule the work session on February 13, 2007. January 23, 2007 39 IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizen spoke: Steve Noble, 5376 Canter Drive, addressed the following concerns: (1) South County Library: he indicated that staff has reported that this is a $15 million project of which $2 million is funded at the present time. He stated that he shares staff's positive view, but he indicated that he thinks the citizens would like to know where the County plans to build the library. (2) Novozvmes Modification AQreement: he stated that this agreement had expired, the manufacturing plant was two-thirds of this project, and he noted that the President of the firm protested loudly when the citizens' jail committee suggested placing the new regional jail at the Center for Research and Technology, noting the many restrictions in place and the need to adhere to those legal obligations. He stated that the company has now failed to meet their obligation and he feels that unless they have funds in hand, they will not be able to complete the terms of the agreement in two years. (3) Gander Mountain (Oppidan) Special Use Permit (SUP) Request: he stated that Mr. Hodge had previously indicated that this project would not require an SUP; however, now the company has applied for one. He noted that Oppidan Investment Company previously turned down a $1 million incentive, and he stated that there are very few companies that will do so. He stated that he hopes that County citizens will understand and recognize the character of this company and fully support it. 40 January 23, 2007 In response to Mr. Noble's comments regarding the location of the proposed new South County Library, Supervisor Wray advised that all citizens are invited to attend the work session on February 13 to discuss the library. He indicated that the County is considering the site on Merriman Road and the proposed design will feature the wetlands and provide walking trails. INRE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 1.:. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaencv 4. Future Capital Projects 5. Accounts Paid = December 2006 6. Statement of expenditures and estimated and actual revenues for the month ended December 31.2006 7. Public Safety Center Buildina Project Budaet Report 8. Public Safety Center Buildina Project Chanae Order Report January 23, 2007 41 INRE: 9. Report of claims activity for the self-insurance proaram for the period ended December 31,2006 CLOSED MEETING At 4:02 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (3) discussion or consideration of the acquisition of real property for public purposes, namely County library; and Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, Cardinal Criminal Justice Training Academy. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora IN RE: WORK SESSIONS ~ Work session to discuss the status of the Roanoke County water and sewer system with the Western Virainia Water Authority (WVWA) reaardina future plans for the system. (Elmer C. Hodae, County Administrator; Gary Robertson, Executive Director for Water Operations, WVWA: and Richard Burch, Chief of Fire and Rescue) The work session was held from 4:50 p.m. until 5:02 p.m. 42 January 23, 2007 Mr. Hodge reported that there are two legislative bills pending in the General Assembly, House Bill 3202 and Senate Bill 1417, which could have significant impacts on counties. He outlined the following components of the pending legislation: Urban Development Areas (UDA): Requires counties with zoning and 5% or more decennial population growth rates to include one or more UDA's in their comprehensive plan by July 1, 2008. If a county does not adopt the UDA provisions or is not authorized to do so, they would lose 50% of their VDOT secondary road allocation. This affects 81 counties in Virginia. Urban Transportation Service Districts (UTSD): Areas within which additional real estate tax is paid by all properties within the district. Only counties with a population above 90,000 are authorized to develop an UTSD; however, counties may grow into the population designation. Only those counties above 90,000 population that establish UTSD will have the authority to deny rezoning applications due to deficiencies in existing and future transportation networks. Counties with less than 90,000 persons would effectively lose their existing authority to deny rezonings due to road network deficiencies. Counties that adopt the UTSD will receive the following from VDOT: (1) Urban maintenance allocation per lane mile in the range of $9,000 and up to $15,000 for all streets within UTSD; and (2) The difference between that which VDOT would spend for maintenance within UTSD ($4,400 per lane mile) and the urban maintenance allocation per lane mile (in the range of $9,000 and up to $15,000). January 23, 2007 43 County maintenance of local subdivision streets: VDOT must classify secondary roads within a county as either local collector roads or local subdivision roads. After July 1, 2007, VDOT will not accept for maintenance any new local subdivision roads within a county. After July 1, 2007, all new subdivision roads will have to be maintained by either the county or a homeowners association. Following discussion regarding the impacts of the pending legislation, it was the consensus of the Board to continue to lobby our legislators and closely monitor the General Assembly actions. INRE: CLOSED MEETING The closed meeting was held from 5:10 p.m. until 5:45 p.m. IN RE: CERTIFICATION RESOLUTION R-012307 -8 At 7:00 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 44 January 23, 2007 RESOLUTION 012307-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora INRE: NEW BUSINESS 1. Reauest approval and appropriation of fundinQ in the amount of $50,000 from the Minor County Capital Reserve and accept and appropriate the ~50,000 from Back Creek Fire and Rescue, Inc. to fund optional two-bay desiQn of the Back Creek Station Addition. (Richard Burch, Chief of Fire and Rescue) A-012307-9 Chief Burch recognized Volunteer Chief Bobby Jones, Back Creek Station, who was present at the meeting. Chief Burch advised that several months ago, January 23, 2007 45 the Board approved a partnership with the Back Creek Volunteer Rescue Department to construct a bay addition. He noted that the current station has adequate living quarters but inadequate bay space. He stated that the volunteers have offered to assist with the project and preliminary estimates were for $200,000. The Board initially approved a $150,000 contribution to be combined with the volunteers' contribution of $50,000. However once the bids were received, they were higher than anticipated and resulted in a funding shortage of $16,878. In addition, the architectural and engineering firm advised that there would not be a significant increase in the cost to construct two additional bays instead of one; therefore, this design option was bid as an alternate. After reviewing the bids, staff feels that the best economic decision is to proceed with the two-bay addition. Chief Burch stated that if this option is pursued, one of the two new bays will have an area in the front that will be used to park a small truck, and the rear portion of the bay will be used for needed storage space. He advised that this would increase the project cost to $300,000 total. The volunteers have committed an additional $50,000 to the project, bringing their total contribution to the project to $100,000. He stated that staff is recommending that the Board appropriate an additional $50,000 in funding, and accept and appropriate the additional $50,000 contribution from the volunteers to construct the two-bay addition. Chief Jones stated that this project is needed within the community. He recognized individuals from Back Creek Fire and Rescue and the Back Creek Civic 46 January 23, 2007 League who were present at the meeting. He stated that they are all dedicated to the project and that they hope that the assistance of the Board and Roanoke County will allow the project to move forward. Supervisor Wray stated that he has had the pleasure of attending the civic league meetings and he praised the efforts of the volunteers involved with this project. He noted the continuing growth in the community, and voiced support for the appropriation. He thanked the residents of the community for the dedication and involvement. Supervisor Altizer voiced support for the project and noted the rising costs of construction. He stated that utilizing the two bay approach makes good sense and will reduce the long-term costs of the project. Supervisor McNamara expressed appreciation to Chief Jones and Chief Burch. He stated that this is an easy decision for the Board, and he commended the efforts of the individuals who have supported the County and their community. Supervisor McNamara moved to approve staff recommendation (approve and appropriate additional $50,000 in funding and accept and appropriate $50,000 from Back Creek Fire and Rescue, Inc. and construct a two-bay addition on the Back Creek Station). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora January 23, 2007 47 PUBLIC HEARINGS AND FIRST READING OF ORDINANCE 1: First readina of an ordinance amendina and re-enactina sections of Article !h County Vehicle License. of Chapter 12. Motor Vehicle and Traffic. of the Roanoke County Code to delete provisions for vehicle decals and to enact! vehicle license fee as permitted ~ state law. (Kevin Hutchins. Treasurer) Mr. Hutchins advised that the elimination of decals is a growing trend across Virginia. To date, 37 localities have eliminated decals, and 10 localities are in the process of eliminating decals. He stated that during a work session with the Board on December 19, 2007, there was discussion regarding the elimination of the vehicle decal requirement for 2008. He indicated that the decal can be eliminated as a collection tool for the Treasurer's Office due to other proven collection sources that have been developed and utilized the past several years. He also noted that enforcement of decals will become more costly and less effective due to the current trend in the Commonwealth toward decal elimination. INRE: Mr. Hutchins indicated that Roanoke County has a unique opportunity to eliminate the decal at an extremely low cost implication due to the HP migration project that is currently underway. He advised that it is necessary to make a decision at this time, even though it will not be implemented until 2008, because of the installation of this new software. He reported that the State Code of Virginia ~46.2-752 was amended last year to allow localities the ability to add a vehicle license fee without having to 48 January 23, 2007 physically issue a decal. He indicated that this code section has been utilized by over 80% of the localities that have already eliminated their own decals. The ordinance pending for Board approval covers all of the provisions necessary to enact a straight, non-prorated vehicle license fee. He indicated that it addresses the fee structure to the residents of Roanoke County as well as exemptions and exceptions. Mr. Hutchins stated that the ordinance will require a public hearing and first reading, which are being held today. The second reading of the ordinance will be held on February 13, 2007. He further indicated that the proposed change will be revenue neutral with no budgetary implications. Mr. Hutchins outlined three additional comments: (1) He stated that this action is solely about enforcement of collections for personal property; it has never been an issue about revenue. He stated that a loss of this revenue can not be absorbed by the County. (2) At the direction of the Board, staff examined a potential proration of this fee. He stated that he is even more convinced that the proposed plan is as revenue neutral as possible. He reported that in the examination of the data, 75% to 80% of residents will pay approximately the same amount as the prior year, and 15% will pay less due to the multi-tiered levels that existed for gross weighted vehicles. There will be a negative impact to potentially 4% of the population depending upon who has added or amended their vehicle inventory. (3) The proposed method is the only one that would be revenue neutral for the Town of Vinton; the other two methods evaluated by staff would have had a negative impact on the Town. January 23, 2007 49 Supervisor Church stated that there was discussion in December regarding vehicle trades that occur mid-year, and he noted that several Board members expressed concerns about citizens encountering an additional fee. He noted that the current system allows a decal to be transferred for a fee of $1.00. He inquired if the 4% referenced by Mr. Hutchins would be the total for the entire County. Mr. Hutchins responded in the affirmative and stated that he issues over 99,000 decals. In the past, approximately 5,000 citizens utilized the $1 transfer fee option; however, this does not take into consideration the number. who moved to Roanoke County from another locality. He stated that upon further examination, the 4% is the group that has the potential to pay the $20 vehicle license fee more than once per year. He advised that if another method is adopted, it will not be revenue neutral. Supervisor Church requested that the Board be provided with the research that supports this decision. Mr. Hutchins advised that he can provide this data to the Board. Supervisor Wray stated that he has been contacted by citizens who stated that there might be times when the Police would pull over a vehicle for an expired decal and it would subsequently lead to an arrest for a more serious offense. Mr. Hutchins stated that he has spoken with Ray Lavinder, Chief of Police, and has been advised that the decal is only used to pull vehicles over for lack of payment of personal property tax. It is not used as probable cause for other offenses, and he stated that Chief Lavinder supports elimination of the decal. There were no citizens present to speak at the public hearing. 50 January 23, 2007 Supervisor McNamara moved to approve the first reading and set the second reading for February 13, 2007. Supervisor Altizer stated that he previously had concerns about the proposed change until he was reassured that the new method will remain revenue neutral. He stated that the decal has always been an enforcement tool, and he indicated that he would prefer to see County police officers addressing more serious offenses than decal violations. Supervisor McNamara's motion to approve the first reading and set the second reading for February 13, 2007, carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES .b Withdrawn at the reauest of the petitioner. Second readina of an ordinance to rezone 24.46 acres from R-1, Low Density Residential, to R-3, Medium Density Multi-Familv Residential, in order to construct multi-familv dwellinas at! maximum density of 5.15 dwellina units per acre located at 4800 Keaav Road, Windsor Hills Maaisterial District, upon the petition of Hidden Vallev Villas, LLC. January 23, 2007 51 Chairman McNamara advised that this item has been withdrawn at the request of the petitioner. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He thanked the Real Estate Valuation Office for their handling of citizen inquiries regarding reassessment notices. He advised that he would favor a reduction in the real estate tax rate at the appropriate time. He stated that there is a process for evaluating assessments and indicated that he has monitored each inquiry that he has received. He noted that the Board will not be able to make a large decrease in the tax rate, but advised that anything that can be done to help citizens will be beneficial. Supervisor Altizer: (1) He thanked Elaine Simpson, Cable Access Director, and the staff at RVTV-3 for their work in transitioning the broadcasts of Board of Supervisors meetings to digital format one month ahead of schedule. (2) He referenced the work session that was held today regarding state mandates and secondary roads, and he requested that staff prepare an estimate of the projected cost for the County to maintain secondary roads. He requested that this information be provided to the Board within the next 90 days. (3) He stated that the new telecommunications tax bill has been in effect for one month and noted that some fees, such as E-911 fees, are now being channeled through the state. He advised that the state has indicated that this new plan will remain revenue neutral, and he requested that the staff provide the Board with monthly updates comparing the current revenue stream 52 January 23, 2007 with prior years. He requested clarification regarding whether this legislation took effect on January 1. Mr. Mahoney advised that he did not recall the effective date. Supervisor Altizer also requested that staff evaluate revenue receipts to ensure that all fees due to Roanoke County for December 2006 were received. (4) He advised the residents in Falling Creek that a meeting will be scheduled the first week of February to provide an update on fire hydrant/fire flow issues, and that notices will be mailed to residents within the next week with details regarding the time and location of the meeting. Supervisor Wrav: (1) He concurred with Supervisor Church's comments regarding assessments. He stated that it poses difficulties for people who receive a 3% salary increase and a 9% real estate tax increase. He indicated that the Board is committed to doing what they can to assist citizens. He also expressed appreciation to the Real Estate Valuation Department for their assistance with citizen inquiries regarding assessments. (2) He expressed condolences to the family of Bobby Pollard, a member of the Bedford County Board of Supervisors, upon the death of Mr. Pollard. He stated that Mr. Pollard was dedicated to public service. (3) He reported that there will be four new businesses celebrating their grand openings at the West Village Shopping Center tomorrow at 1 :00 p.m. He encouraged citizens to visit the new stores which offer a unique range of services. January 23, 2007 53 IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 7:38 p.m. until Saturday, January 27, 2007, at 9:00 a.m. for the purpose of a retreat with the Roanoke County School Board, Woods End Residence, 5000 Titan Trail, Roanoke, Virginia. Submitted by: tlLJJ Q ) ~, ~jrkW) Diane S. Childers, CMC Clerk to the Board Approved by: 54 January 23, 2007 This paae intentionallv left blank.