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HomeMy WebLinkAbout2/27/2007 - Regular February 27, 2007 135 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 27,2007 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 February, 2007. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:07 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; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer INRE: OPENING CEREMONIES The invocation was given by Reverend Bob Lanier, Salem Baptist Church. The Pledge of Allegiance was recited by all present. 136 February 27, 2007 REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge advised that he and Mr. Mahoney would like to add a briefing to update the Board on recent actions approved by the General Assembly. Supervisor Church advised that after consulting with the other Board members, he would like to add item E-2 to new business to consider raising the net worth limit for tax relief for the elderly and disabled to $175,000. Chairman McNamara advised that there were no objections to adding these items to the agenda. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS INRE: .L Recoanition of Japanese students visitina the Roanoke Vallev Chairman McNamara advised that the Japanese students had been delayed and the recognition would take place when they arrived. 2. Proclamation declarina the week of March 11 throuah 17.2007. as Girl Scouts Make the World ! Better Place Week. and conaratulatina the Girls Scouts of the USA upon their 95th anniversary Chairman McNamara presented the proclamation to Wendy Mellenthin, Chief Executive Officer, Girl Scouts Virginia Skyline Council. Also present were Debbie Clark, Troop 546 Co-Leader, and four girl scouts. February 27,2007 137 3. Recoanition of the Budaet Department for receivina the Government Finance Officers Association (GFOA) Distinauished Budaet Presentation Award for fiscal year 2006-2007 Chairman McNamara recognized the following representatives from the Department of Management and Budget: Brent Robertson, Budget Director, and Holly Salvatore, Budget Manager. IN RE: BRIEFING 1. Update on recent actions of the General Assembly (GA). (Elmer Hodae. County Administrator: Gerald Holt. Sheriff: Ray Lavinder. Chief of Police: Paul Mahoney. County Attorney) Mr. Hodge advised that in the GA session recently concluded, legislation was approved to authorize Roanoke County to establish an independent criminal justice training academy. He expressed appreciation to the Board members, particularly Supervisor Altizer; the County legislators; the General Assembly members; Eldon James, Legislative Liaison; Warren Wall, Chairman, Cardinal Criminal Justice Academy; members of the Cardinal Criminal Justice Academy; Sheriff Holt; Police Chief Lavinder; and Mr. Mahoney for their assistance in achieving the successful legislation for the training academy. Mr. Hodge advised that the academy will provide flexibility for scheduling classes and the opportunity to work with other localities. He advised that Mr. Mahoney would provide details regarding the County's other legislative successes. 138 February 27,2007 Sheriff Holt expressed appreciation to the Board members, Supervisor Altizer, Mr. Hodge and others involved for their teamwork which led to the successful accomplishment of the legislation for the training academy. Chief Lavinder advised that this has been a long two-year process, and he expressed appreciation to the police department staff for their encouragement and advice during the process. Mr. Mahoney cautioned that while he does not believe there will be any changes in the legislation approved for the County, the Governor has not signed the appropriations bill. He reported that the veto session is scheduled for April 4, 2007, and if the legislation is signed by the Governor, it will become effective July 1, 2007. Mr. Mahoney advised that the County's top priority in its legislative program, which was approved in October 2006, was the law enforcement training academy. The second priority was to secure additional funding for Explore Park, and he advised that $300,000 for Explore Park was approved in the appropriations act. He stated that the third item was to begin laying the groundwork for the 2008 GA to fund some of the startup costs for the new regional jail. He reported that Mr. James has already started work on this initiative. The fourth priority dealt with transportation issues involving revenue sharing. Mr. Mahoney stated that he believes that a potentially significant problem for the County was avoided because the provision that the State would no longer maintain subdivision roads in counties was not included in the draft compromise legislation; however, he advised that there are some significant negative aspects to the transportation compromise being proposed. He advised that another February 27, 2007 139 priority to put the Virginia Retirement System on a sound actuarial basis was not accomplished. Mr. Mahoney advised that there were a number of people to thank for the County's legislative successes, and he wanted to include appreciation to Delegate Lacy Putney; Debbie Pitts, Executive Director, Explore Park; and the staff at Explore Park. Supervisor Church advised that he wanted to express a special thank you to Delegate Putney, Delegate Morgan Griffith, and Supervisor Altizer for their involvement in the process in Richmond. He expressed appreciation to the County staff and advised that while this has been a long process, he believes it will benefit the citizens. Supervisor Altizer expressed appreciation for the comments made about himself and advised that he believes the process was successful due to the team's efforts at keeping the issues before the legislators. He advised that Mr. James' assistance was a tremendous asset and expressed his thanks to all involved. Supervisor Flora advised that a week ago the outlook at the GA was bleak; however, it was turned around by a team effort, and he expressed appreciation to everyone involved for the success of the County's legislative agenda. Supervisor Wray echoed Supervisor Flora's comments and advised that the County used persistent and negotiated efforts to achieve the successes. Chairman McNamara advised that he wanted to publicly express the Board's appreciation to Supervisor Altizer for his leadership role in Richmond. 140 February 27, 2007 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1: Recoanition of Japanese students visitina the Roanoke Vallev Chairman McNamara presented certificates of honorary citizenship and a gift to the following students: Satomi Oshikane, Yoko Kondo, Ayumi Tomita, and Hitomi Yajima, and their chaperone, Rikyu Fujita. Also present was Dr. Jennifer Mulligan, Virginia Western Community College. IN RE: NEW BUSINESS .1: Consideration of ! reduction in real estate tax rate and establishment of ! rate to be used in advertisina the public hearina on settina the real estate tax rate for calendar year 2007. (Elmer Hodae, County Administrator; Brent Robertson, Director of Manaaement and Budaetl A-022707 -1 Mr. Robertson advised that real estate market values in Roanoke County continue to experience strong, consistent growth year after year, and that growth is important as real estate tax revenues comprise approximately 50% of the County's general fund budget. He stated that while these revenues are used to fund basic services, increases in real estate values also represent a direct tax increase to property owners. Mr. Robertson advised that as the result of the 2007 annual reassessment, assessed values in Roanoke County increased an average of 7.12% (excluding new construction) over 2006 assessments, and based on this increase, the Board of February 27,2007 141 Supervisors expressed interest in lowering the real estate tax rate for 2007. He reported that the current rate is $1.11 per $100 of assessed valuation which was reduced from $1.12 for 2006. Mr. Robertson advised that State statute dictates the procedure that must be followed in order to set tax rates; and that in order to set the real estate tax rate for 2007, a public hearing on the proposed rate must be held and notice published once a week for two successive weeks prior to adoption of the tax rate. He stated that the advertised rate is the maximum rate that can be adopted; however, a lower rate than the advertised rate could be adopted. He reported that a higher tax rate could not be adopted without repeating the public notice and public hearing requirements. Mr. Robertson advised that the schedule for adopting the tax rates IS prepared by consulting with the County Treasurer to ensure that the adoption of the tax rate allows ample time for the Treasurer's Office to program the rates, print, and mail tax bills to the citizens to comply with State statutes and guidelines of the Treasurer's Association of Virginia. He reported that the planned schedule includes the following dates: (1) March 13 and 20 - advertise tax rates; (2) March 27 - public hearing and adoption of tax rates; (3) April 13 - run personal property tax bills; (4) April 20 - run real estate tax bills; mail personal property bills; and (5) April 27 - mail real estate bills. Mr. Robertson advised that even though the Board's intention is to reduce the 2007 real estate tax rate, it will still be necessary to advertise and hold a public hearing regarding a proposed "effective" real property tax increase. He reported that 142 February 27, 2007 State Code Section 58.1-3321 dictates that when reassessment of real property results in an increase of 1 % or more in the total real property tax levied, the locality shall reduce its rate of levy for the forthcoming tax year so as to cause such rate of levy to produce no more than 101 % of the previous year's tax levy. This rate is known as the "reduced rate." The locality may increase the rate above the reduced rate by holding a public hearing proposing an "effective" real property tax increase. Mr. Robertson stated that the advertisement for this public hearing shall be at least 7 days before the date of the public hearing and will be held on March 27, the same date as the public hearing on the tax rates. Mr. Robertson advised that based on current assessments, a one cent reduction in the real estate tax rate would equate to a revenue loss of $730,000 for fiscal year 2007-2008 and $352,000 for fiscal year 2006-2007. He stated that in order to satisfy State regulations, the advertisement of the March 27 public hearing for the 2007 tax rates must be placed by March 9 so that it can be advertised on March 13 and 20. He advised that staff is requesting that the Board reach a consensus on a "not to exceed" real estate rate to be listed in the advertisement for the March 27 public hearing. Supervisor Wray advised that he believes that the Board is committed to reducing the real estate tax rate; that he thought it was appropriate to reduce the tax rate last year; and he feels it is appropriate for the Board to reduce the tax rate this year. He advised that at the appropriate time, he would make a recommendation to February 27, 2007 143 reduce the advertised real estate tax rate while moving forward with the County's capital projects. Supervisor Church advised that he has heard from many citizens this year regarding their increased assessments. He stated that it bothers him that some taxpayers find it difficult to remain in their homes because of the higher assessments and taxes. He advised that using a 9.5% rate of reassessment, the tax on a $100,000 home with $1.11 tax rate would be $1,215; while a $100,000 house with a $1.09 tax rate would have a tax of $1,193. He advised that reducing the tax rate by one or two cents, which he feels would be the minimum, would not offset the increased assessment. He advised that he feels that many citizens and neighborhood groups do not fully understand the reasons for County expenditures. He advised that the Board met recently with the School Board which is estimating that during the next ten to fifteen years, they will need approximately $111 million for capital improvements. He advised that the new regional jail will cost approximately $78 million, and stated that he would prefer to spend more money on education than incarceration. Supervisor Church advised that the Board is committed to working on the problems and hearing the citizens' concerns. He advised that staff has scheduled community meetings with Billy Driver, Director of Real Estate Evaluation, to better inform the citizens of the assessment process. He advised that the Catawba District has a unique situation regarding assessments, and he does not know if anything can be done to differentiate the land use program which strives to conserve and protect the 144 February 27, 2007 view sheds. He requested that Mr. Driver review the situation in the Catawba District. He advised that he hopes that the next item on the agenda will provide additional tax relief for elderly and disabled citizens. Supervisor Altizer advised that the Board members have received many emails and phone calls from citizens expressing their concerns about the increased assessments; however, he advised that decreased assessments would mean that the County and its communities have more significant problems. He advised that the Board is cognizant of trying to do the right thing by reducing the tax rate; however, the County and schools have significant capital needs and other expenses that must be factored into the budget such as the State's requirement to provide additional funding for the Virginia Retirement System and higher increases in costs for health care and payroll. He advised that while the Board tries to spend the taxpayers' monies efficiently and still return as much as they can to the citizens, they have a fiscal responsibility to make the correct decisions. Supervisor Altizer advised that some citizens have requested a five cent or ten cent reduction in the tax rate; however, this would reduce revenues by $7 million to $8 million which would be impossible. He stated that he believes that the Board will make the right decision on setting the tax rate, and advised that the Board wants to raise the combined net worth limit so that citizens on a limited income or the elderly and disabled can benefit from having their taxes frozen. February 27,2007 145 Supervisor Flora advised that when there have been increases in assessed values for several years, it seems appropriate that the Board give something back to the taxpayers, and he believes that this is the unanimous consensus of the Board. He advised that they need to ensure that they can continue to meet the needs of the community and advised that some of the capital projects have been accomplished such as the public safety center; however, building a regional jail was not an option for the County. He advised that last year the Board approved a tax rate reduction due to the significant increases in real estate assessments, and he feels that the Board must reduce the rate again this year while balancing the needs of the County. Supervisor Wray advised that he believes it is the unanimous consensus of the Board that there should be a real estate tax reduction even with the capital initiatives already underway. Supervisor Wray moved to advertise the real estate tax rate not to exceed $1.09 per $100 of assessed valuation. Supervisor Flora advised that he wanted to clarify that Supervisor Wray's motion means that a two cent tax reduction is being approved by the Board. He stated that any additional reduction in the tax rate would be decided during the budget process. Supervisor Wray's motion to advertise the real estate tax rate not to exceed $1.09 per $100 of assessed valuation carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 146 February 27,2007 Chairman McNamara advised that he would like to re-emphasize that the action taken by the Board at this meeting did not approve the real estate tax rate for calendar year 2007. He reported that the Board approved advertising a maximum real estate rate of $1.09, which is a two cent reduction from the current rate, for the public hearing scheduled for March 27 to receive citizen comments and discuss the tax rate. 2. Consideration of raisina the net worth limit for tax relief for the elderly and disabled citizens to $175.000. (Paul Mahoney. County Attorney) Mr. Mahoney advised that several Board members recently inquired about the limitations and restrictions in State law concerning their ability to implement various elements of a tax relief program for the elderly and disabled citizens and the procedures necessary to amend the existing program. He advised that last year the Board approved amendments to the program to increase the total combined income limits and net worth. He reported that the current total combined net worth limit is $125,000 and several Board members want to increase this amount. He advised that a public hearing and two readings of an ordinance would be required to accomplish the increase, and that he could prepare the appropriate legal notices for the March 27 meeting. Mr. Mahoney advised that some Board members had indicated their desire to increase the total combined net worth to $150,000 while others wanted it increased to $175,000. He stated that he does not know the fiscal impacts of expanding the eligibility of citizens to participate in the program; however, he would have more information by the first reading February 27, 2007 147 of the ordinance after consulting with Nancy Horn, Commissioner of Revenue, who was present at the meeting. Mr. Mahoney asked for direction from the Board concerning the amount that he is to advertise for the total combined net worth for the tax relief program. Supervisor Flora inquired as to the effective date if the Board amended the program. Mr. Mahoney advised that citizens must apply for the tax relief by March 31, 2007; however, last year the Board adopted the amendments on March 28 and made then retroactive and effective for 2006. Supervisor Flora advised that before the amendment is approved, he felt it is critical that the potential fiscal impacts be determined because the Board will have to replace the $700,000 reduction in the County's budget due to the decrease in the real estate tax rate. Supervisor Church advised that it was his understanding that the Board was being asked to give Mr. Mahoney direction about the amount of the increase for the net worth limit. Mr. Mahoney stated that he believed the Board's direction was to commence the procedure to schedule the public hearing so that the Board could discuss the amendment at its March 27 meeting. Supervisor Church advised that in conjunction with his prior discussions with the Board members, he feels that there is unanimous agreement to increase the net worth to $175,000. He asked Mr. Mahoney if he was correct in stating that the total combined net worth is the value of all equitable interests of the owner excluding the value of the dwelling and one acre of land. Mr. Mahoney advised that this was correct. 148 February 27,2007 Supervisor Church advised that since the net worth limit for the State is $200,000 and some localities have a greater amount, he thought it would be in the best interests of the citizens to proceed with amending the ordinance. He recommended that the Board direct Mr. Mahoney that the total combined net worth be increased to $175,000. In response to Supervisor Altizer's inquiries, Ms. Horn advised that the cut-off date for citizens to file for the tax relief is March 31, 2007; that the Commissioner of Revenue's office is holding some applications from citizens whose net worth is near the qualifying limit; that staff will make sure that the public is informed and complete the necessary work to get citizens qualified before the cut-off date. Mr. Mahoney informed Supervisor Altizer that the March 31 date is set by the State and not the County. Mr. Mahoney advised that last year the Board waived the second reading of the ordinance and adopted the amendments on March 28, 2006, after the first reading and public hearing. He advised that this year the Board is on the same schedule with adoption of the amendments proposed for the March 27 meeting. Supervisor Altizer advised that the tax relief program may provide a greater service to some retired and senior citizens than the two cent tax rate reduction, and he would like to avoid approving the amendment with citizens having limited time to apply for the program. Ms. Horn advised that her staff will make every effort to get the information to the public as quickly as possible and provide assistance in order for citizens to apply in a timely manner. February 27, 2007 149 Supervisor Altizer advised that the County budgets approximately $600,000 annually for the tax relief program, and he inquired if Mr. Robertson has information about the impact from last year of increasing the net worth limit $25,000 to $125,000. Mr. Robertson stated that he did not have this information and advised that while the financial impact of increasing the limit for the first year would not be substantial, the impact would grow incrementally as the taxes remain frozen. Mr. Robertson advised that he believes the financial impact is now close to the $600,000 budgeted for the tax relief program. Ms. Horn advised that they had approximately 25 additional applications last year due to increasing the limits for the program. Chairman McNamara summarized that it was his understanding from the discussion that the Board was requesting that Mr. Mahoney complete a fiscal impact report on raising the net worth limit to $175,000 for the tax relief program for elderly and disabled citizens. Supervisor McNamara advised that he would prefer the limit be increased to $150,000, and he was also requesting that the projected costs be calculated using the current limit. He inquired if there was any data available that could determine where the $150,000 or $175,000 threshold would place these citizens relative to the overall population of the County. He stated that if this additional relief places those citizens in the top 5% of the County, he was not sure if the Board should be considering amending the program. He advised that the public safety center and the regional jail were financed through bonds that will need to be repaid, and he wanted to verify any 150 February 27, 2007 reductions in revenues for the first year as well as the tenth year of the program. He suggested that a work session might be necessary to discuss this information. Supervisor Church expressed appreciation to Ms. Horn for the work that she does on behalf of the citizens. He suggested that there are two sides to the issue and while the Board is considering amending the tax relief program, they should also consider the issues of those citizens who have experienced average increases in assessments for several years. He advised that he believes the Board can accomplish remedies for the citizens which will be an offset and not a negative drain. IN RE: SECOND READING OF ORDINANCES 1. Second readina of an ordinance to amend and reenact Sections of Article !h County Vehicle License. of Chapter 12. Motor Vehicles and Traffic. of the Roanoke County Code to delete provisions for vehicle decals and to enact ~ vehicle license fee as permitted ~ State law for the year 2008. (Kevin Hutchins. Treasurer) 0-022707 -1 Mr. Hutchins introduced the officials from the Town of Vinton who were present at the meeting: Brad Grose, Mayor; Kevin Boggess, Town Manager; and Barry Thompson, Finance Director-Treasurer. He thanked them for their support of the proposed amendment change. February 27,2007 151 Mr. Hutchins advised that this is the second reading of an ordinance to adopt amendments to the County Code to delete the vehicle decal requirement and implement a vehicle licensing fee. He advised that at the second reading of the ordinance held on February 13, 2007, the Board deferred action because they felt that the residents of the County who purchase one vehicle and delete one vehicle should be given the opportunity to transfer their registration fee for $1.00 instead of being charged a full registration fee of $20.00. He reported that this change has been made; however, to maintain revenue neutrality, the following alternations to the ordinance were necessary: (1) A new tier was added with a vehicle license fee of $25 versus the originally proposed $20. The new tier of $25 is the lowest rate that would currently apply to the gross weighted vehicles in the current decal system. (2) A definition for eligibility requirements was specified, and the definition previously adopted for the Commissioner of the Revenue's office, which states that a citizen has 60 days to register a vehicle, was applied. (3) Gross weighted vehicles over 4,001 pounds that previously paid $25 to $80 for a decal fee will now pay $25 for a new registration fee instead of the originally proposed $20 fee. Mr. Hutchins advised that the comparison of the decal versus vehicle license fees for fiscal year 2006-2007, which he provided for the Board, showed that there will be a negative impact of less than $4,000 after making these changes. 152 February 27, 2007 Mr. Hutchins advised that he has reviewed the proposed changes with Mr. Mahoney, and it was decided that the changes were not substantive enough to require a new public hearing or another first reading. He advised that as a result of these changes, the ordinance is now closer to the existing Code section for decal requirements, and he requested that the Board adopt the ordinance. Supervisor Church expressed his appreciation to Mr. Hutchins and staff for hearing the concerns of the citizens through the Board's comments at the previous second reading of the ordinance. He advised that he believes that 50% to 60% of the calls that come from citizens to his insurance office are to transfer vehicles, and the proposed changes will help to eliminate potential problems. He advised that he feels that the 60-day window for registration is appropriate, and that staff has developed an equitable and workable program. He stated that at the appropriate time, he would move approval of the ordinance. Supervisor Flora expressed appreciation to Mr. Hutchins for his efforts and advised that the proposed changes significantly improve the ordinance. He advised that he would support approval of the ordinance. He advised that he was not surprised that staff found a way to make the changes as requested by the Board and that the changes will benefit the citizens. February 27, 2007 153 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 022707-1 AMENDING AND REENACTING SECTIONS OF ARTICLE II, COUNTY VEHICLE LICENSE, OF CHAPTER 12, MOTOR VEHICLE AND TRAFFIC, OF THE ROANOKE COUNTY CODE TO DELETE PROVISIONS FOR VEHICLE DECALS AND TO ENACT A VEHICLE LICENSE FEE AS PERMITTED BY STATE LAW WHEREAS, Section 46.2-752 authorizes counties, as well as cities and towns, to charge a license fee on motor vehicles, trailers and semi-trailers having a situs within the jurisdiction which is in addition to any personal property tax on such vehicles or trailers; and WHEREAS, this Virginia Code section further authorizes a county to provide by ordinance that it shall be unlawful for any owner or operator of a motor vehicle, trailer or semi-trailer to fail to obtain the license represented by such license fee; and WHEREAS, this Virginia Code section further provides that a county, city or town may dispense with the requirement that a decal or other tangible evidence of a local license tax be displayed upon any licensed vehicle; and WHEREAS, the Treasurer of Roanoke County has requested the elimination of the county’s vehicle decals to reduce the inconvenience to county citizens, to reduce costs of obtaining and processing decals and without a negative impact upon the collection of such license fees; and WHEREAS, adoption of amendments to the existing Roanoke County Code provisions concerning motor vehicles are necessary at this time to permit effective implementation of this license fee ordinance for the year 2008; and WHEREAS, the first reading and public hearing for this ordinance was held on January 23, 2007; and the second reading was held on February 13, 2007, and was continued to February 27, 2007. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Sec. 12-28. Levy and amount of tax; special provisions for antique vehicles; exceptions., Sec 12-29. Application for license and payment of tax., Sec. 12- 42. Violations; penalty., and Sec. 12-43. Duties of Treasurer., of Article II, COUNTY VEHICLE LICENSE, and Sec. 12-13. Removal and disposition of certain unattended vehicles., of Article I, IN GENERAL, of Chapter 12, MOTOR VEHICLES AND TRAFFIC of the Roanoke County Code, be amended and reenacted, and that Sec. 12-30, February 27, 2007 154 Proration of tax., Sec. 12-31. Refund of tax., Sec. 12-33, Issuance of decal., Sec. 12-34. Display of decal generally., Sec. 12-35. Display of expired decal., Sec. 12-36. Permitting use of decal by another., Sec. 12-37. Transfer of decal to another vehicle., and Sec. 12- 38. Duplicate or substitute decals., be repealed, as follows: Sec. 12-28. Levy and amount of tax; special provisions for antique vehicles; exceptions. (a) There is hereby levied an annual license fee tax on every motor vehicle, trailer and semitrailer required to be licensed under this article. The annual license fee imposed by this section shall be in addition to any other county license tax or fees, including personal property tax. The amount of such tax shall be as set forth in the following subsections of this section. (b) On every motor vehicle, trailer and semitrailer not taxed under other subsections of this section, there shall be a fee tax of twenty dollars ($20.00) per annum, except that the fee tax on motorcycles shall be fifteen dollars ($15.00) per annum, the fee on vehicles with a gross weight in pounds of four thousand and one (4,001), or more, shall be twenty-five dollars ($25.00) and a trailer designed exclusively to transport boats shall not exceed six dollars and fifty cents ($6.50). (c) On each truck or trailer there shall be a tax per annum according to the following schedule: Gross Vehicle Truck Trailer Weight in Pounds 1,500 or less $20.00 $ 6.50 1,501 to 4,000 20.00 15.00 4,001 to 6,500 25.00 20.00 6,501 to 10,000 30.00 20.00 10,001 to 20,000 40.00 20.00 20,001 to 30,000 60.00 20.00 30,001 to 40,000 70.00 20.00 40,000 and over 80.00 20.00 The fee tax for a trailer designed exclusively to transport boats shall not exceed six dollars and fifty cents ($6.50). (c) (d) The owner of an "antique motor vehicle," as defined and licensed in title 46.2 of the Code of Virginia, may be recognized secure a local license or decal at no charge upon filing an application for same with the treasurer and payment of a five dollar ($5.00) fee and the payment of the appropriate personal property taxes. This application shall remain valid so long as the vehicle is titled to the applicant. (d) (e) The following owners of motor vehicles are hereby exempt from the annual license fee tax: An honorably-discharged prisoner of war, any person awarded the Medal of Honor, and any disabled veteran. Any member of the Virginia National Guard shall be entitled to be licensed a local license or decal upon the payment of a an February 27, 2007 155 annual license fee in the amount of one-half ( 1/2) of the license fee tax prescribed in this section. These exemptions shall be limited to any one passenger vehicle, pickup or panel truck owned by an eligible person. The commissioner of the revenue shall determine eligibility based upon the criteria utilized by the commissioner of the department of motor vehicles of the Commonwealth of Virginia for the issuance of special license plates. The treasurer is hereby authorized to recognize issue a local license or decal to owners eligible under this subsection. (Code 1971, § 10-41; Ord. No. 1929, 12-13-78; Ord. No. 83-99, § 1, 6-14-83; Ord. No. 84-195, 11-13-84; Ord. No. 6987-5, § 1, 6-9-87) Cross References: Taxation generally, Ch. 21. Sec. 12-29. Application for license and payment of tax. fee Application for a license required by this article shall be made at the office of the commissioner of the revenue on forms supplied by the treasurer or commissioner of the revenue. At the time of such application, the license fee tax prescribed by this article shall be paid. A license fee of one dollar ($ 1.00) shall be paid for a license for a vehicle which replaces a vehicle currently licensed in Roanoke County which has been sold or disposed of within sixty (60) days of the application for such new license upon the presentation of adequate written proof of sale or disposal of the currently licensed vehicle. (Code 1971, § 10-45) Sec. 12-30. Proration of tax. Whenever any license tax prescribed by this article becomes assessable in any month after the month in which the tax for the full year is assessable, the tax shall be prorated on a monthly basis, with the tax due equal to one-twelfth of the tax set out in this article multiplied by the remaining number of months in the tax year from the date of licensing of the vehicle in the applicant's name. (Code 1971, § 10-43) Sec. 12-31. Refund of tax. Any person holding a current county vehicle license who disposes of the vehicle for which it was issued and does not purchase another vehicle may surrender the license to the county treasurer, with a statement that the vehicle for which the license was issued has been disposed of, and request a refund for the unused portion of the tax paid under this article. The treasurer shall refund to the applicant one-half of the tax paid under this article, if application for such refund is made on or before November thirtieth of the current license year. No refund shall be made when application therefor is made after November thirtieth of the current license year. (Code 1971, § 10-46; Ord. No. 84-201, 11-27-84) February 27, 2007 156 Sec. 12-33. Issuance of decal. Upon receipt of a proper application and payment to the license tax prescribed by this article, the county treasurer shall issue a license decal for the vehicle upon which the tax was paid. (Code 1971, § 10-45) Sec. 12-34. Display of decal generally. (a) A license decal issued under this article shall be attached to and displayed on the windshield of the vehicle for which issued in such manner as to be clearly visible. (b) It shall be unlawful for any person to fail to obtain and display or to operate a motor vehicle, trailer or semi-trailer required to be licensed under this article on any street, highway, road or other traveled way in the county, unless a current license decal is displayed thereon as required by this section. The fact that the current license tax has been paid on such vehicle shall not bar prosecution for a violation of this section. A violation of this section shall be punished by a fine of not less than twenty-five dollars ($25.00) and not more than two hundred fifty dollars ($250.00). The owner or operator of any vehicle receiving a parking ticket or uniform traffic summons under subsection (c) may pay a fine in the amount of twenty-five dollars ($25.00) in the manner provided for in sections 12-56 and 12-57 of this Code in full satisfaction of such violation. Any violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence that the license herein required has been obtained. (c) Each day that a vehicle is operated without a current license decal being displayed shall be considered a separate offense for purposes of this section. Law- enforcement officers in the County of Roanoke shall have authority to issue citations, summonses, parking tickets or uniform traffic summonses to residents of and businesses located in Roanoke County in violation of this article. (Code 1971, §§ 10-40, 10-45; Ord. No. 3342, § 1, 12-14-82; Ord. No. 111186-228, § 2, 11-11-86; Ord. No. 92689-12, § 1, 9-26-89; Ord. No. 22691-4, § 1, 2-26-91; Ord. No. 91493-7, § 1, 9-14-93; Ord. No. 121493-5, § 1, 12-14-93) Sec. 12-35. Display of expired decal. It shall be unlawful for the owner of any motor vehicle, trailer or semitrailer to display upon such vehicle any license decal of the county, after the expiration date of such decal. A violation of this section shall be punished by a fine of not exceeding twenty dollars ($20.00). State Law References: Authority for above section, Code of Virginia, § 46.2- 752. Sec. 12-36. Permitting use of decal by another. It shall be unlawful for any person to whom a license decal is issued under this article, to give, loan, rent, sell, assign or transfer such decal to another or to otherwise February 27, 2007 157 permit another to use, in any manner, such decal during the license tax year for which the same is issued. (Code 1971, § 10-45) Sec. 12-37. Transfer of decal to another vehicle. In the event any person desires to transfer any license decal issued under the provisions of this article to another vehicle, such person shall make application for such transfer to the county treasurer, who shall transfer such decal, upon the payment of a fee of one dollar ($1.00) or the prorated fee based upon weight for trucks or trailers. Such transfer may occur only upon evidence of payment of all outstanding personal property taxes which have been properly assessed or are assessable against the applicant by the county. (Code 1971, § 10-49; Ord. No. 111186-228, § 2, 11-11-86) Sec. 12-38. Duplicate or substitute decals. In the event any license decal issued under the provisions of this article shall be lost or mutilated or shall have become illegible, the person who is entitled thereto shall make immediate application for and obtain a duplicate or substitute decal, upon furnishing information of such fact satisfactory to the county treasurer and upon payment of a fee of one dollar ($1.00). (Code 1971, § 10-47) Sec. 12-42. Violations; penalty. It shall be unlawful for any person to operate a motor vehicle, trailer or semi- trailer on any street, highway, road or other traveled way in the county unless a valid annual license fee has been paid pursuant to Sec. 12-28 of this Article or a local license decal issued by the situs jurisdiction of such vehicle is displayed thereon as required by the ordinance of such situs locality. The fact that the current license fee or tax of the situs jurisdiction has been paid on such vehicle shall not bar prosecution for a violation of this section. A violation of this section shall be punished by a fine of not less than twenty-five dollars ($25.00) and not more than two hundred fifty dollars ($250.00). The owner or operator of any vehicle receiving a parking ticket or uniform traffic summons as provided for under subsection (c) of section 12-34 may pay a fine in the amount of twenty-five dollars ($25.00) in the manner provided for in sections 12-56 and 12-57 of this Code in full satisfaction of such violation. Any violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence that the annual license fee herein required has been paid license herein required has been obtained. Any fine paid under this section shall be deposited to the credit of the general fund of the County of Roanoke, Virginia, and no accounting need be made thereof to the situs jurisdiction of such vehicle. (Ord. No. 42694-4, § 1, 4-26-94) February 27, 2007 158 Sec. 12-43. Duties of Treasurer. (a) The Treasurer of Roanoke County shall carry out the responsibilities imposed upon him by section 12-56 and 12-57 for all tickets issued under section 12-42, in the same manner as for all other parking tickets. At the same time as the treasurer shall send to the owner or operator of the motor vehicle the notice required by section 12-57(a), he shall forward a copy of the original ticket and such notice to the treasurer, or his equivalent counterpart, of the situs jurisdiction of such vehicle. (b) The treasurer shall on an annual basis confer with the treasurers, or their counterparts, of each jurisdiction which is a party to the compact authorized by section 12-41 for the purpose of selecting a standard color or background for the vehicle decals of each participating jurisdiction. The chief law enforcement officer of each participating jurisdiction shall be consulted prior to the formal selection of a common decal color or background. However, the refusal by one or more jurisdictions to agree to a common decal color or background shall not prohibit participation in such compact or terminate any existing compact. (Ord. No. 42694-4, § 1, 4-26-94) Sec. 12-13. Removal and disposition of certain unattended vehicles. (a) Whenever any motor vehicle, trailer or semitrailer is found on the public roads or highways or public grounds unattended by the owner or operator and constitutes a hazard to traffic or is parked in such manner as to be in violation of law, or whenever any motor vehicle, trailer or semitrailer is left unattended for more than ten (10) days upon any public property or privately owned property, other than the property of the owner of such motor vehicle, trailer or semitrailer, within the county, or is abandoned upon such public property or privately owned property without the permission of the owner, lessee or occupant thereof, such motor vehicle, trailer or semitrailer may be removed for safekeeping by or under the direction of a law- enforcement officer to a storage garage or area; provided, that no such vehicle shall be so removed from privately owned premises, without the written request of the owner, lessee or occupant thereof; provided further, that the owner, lessee or occupant of any private property within the county which is normally open to the public for parking shall post or cause to be posted in a conspicuous manner signs warning that vehicles left on the property for more than seventy-two hours will be towed or removed at the expense of the vehicle owner. (b) The person at whose request a motor vehicle, trailer or semitrailer is removed from privately owned property under this section shall indemnify the county against any loss or expense incurred by reason of the removal, storage or sale of such vehicle. (c) For the purposes of this section, it shall be presumed that a motor vehicle, trailer, or semitrailer is abandoned if: (1) It lacks either a current state license plate or decal, a current county license plate or decal, or a valid state inspection certificate or sticker; and February 27, 2007 159 (2) It has been at a specific location for four (4) days without being moved. (d) Each removal under this section shall be reported immediately to the chief of police and notice thereof given to the owner of the motor vehicle, trailer or semitrailer as promptly as possible. The owner of such vehicle, trailer or semitrailer, before obtaining possession thereof, shall pay to the county all reasonable costs incidental to the removal, storage and locating the owner of the motor vehicle, trailer or semitrailer. (e) Should the owner fail or refuse to pay the costs referred to in subsection (d) above, or should the identity or whereabouts of such owner be unknown and unascertainable, after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the department of motor vehicles against the motor vehicle, trailer or semitrailer, the chief of police may, after holding the motor vehicle, trailer or semitrailer thirty (30) days at the impound lot of the authorized towing service and after due notice of sale, dispose of the same at public sale; provided, that if the value of such motor vehicle, trailer or semitrailer is determined by three (3) disinterested dealers or garagemen to be less than one hundred fifty dollars ($150.00), it may be disposed of by private sale or junked. (f) The chief of police shall forward the proceeds of any sale made pursuant to this section to the county treasurer. The treasurer shall pay from such proceeds the cost of removal, storage, investigation as to ownership and liens and notice of sale, and the balance of such funds shall be held by him for the owner of the motor vehicle, trailer or semitrailer and paid to such owner, upon satisfactory proof of ownership. If no claim has been made by the owner for the proceeds of such sale, the remaining funds may be deposited to the general fund or any special fund of the county. Any such owner shall be entitled to apply to the county within three (3) years from the date of such sale, and if timely application is made therefor, the county shall pay the same to the owner, without interest or other charges. No claim shall be made nor shall any suit, action or proceeding be instituted for recovery of such funds after three (3) years from the date of such sale. 2. That this ordinance shall be effective on and after January 1, 2008. from and after the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 160 February 27, 2007 INRE: APPOINTMENTS ~ Grievance Panel Chairman McNamara advised that the three-year term of Karen Ewell expired on February 23, 2007. He reported that following discussion in closed session on February 13, the Board requested that Joanne Thompson, alternate member, be appointed as a full member of the Grievance Panel. Ms. Thompson has advised that she is willing to serve in this capacity for a three-year term that will expire on February 23,2010. Confirmation of this appointment has been placed on the consent agenda. 2. Leaaue of Older Americans - Advisory Council Chairman McNamara advised that the one-year term of Beverly Eyerly will expire on March 31, 2007. He requested that the Clerk contact Ms. Eyerly to determine if she was willing to serve another term. 3. Roanoke Reaional Airport Commission Chairman McNamara advised that the four-year term of Arthur M. Whittaker, Sr., expired on February 11, 2007. He stated that a closed meeting has been scheduled to discuss this appointment. 4. Western Virainia Water Authoritv Chairman McNamara advised that John Williamson, at-large member, resigned from the Board effective November 16, 2006. He stated that a closed meeting has been scheduled to discuss this appointment. February 27,2007 161 IN RE: CONSENT AGENDA R-22707 -3; R-22707 -3.b Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 022707-3 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 February 27,2007, 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 7, inclusive, as follows: 1. Approval of minutes - January 27,2007, and February 13, 2007 2. Confirmation of committee appointment 3. Acceptance of Edgefield Circle, a portion of Edgefield Drive, and the remaining portion of Fountain Lane into the Virginia Department of Transportation Secondary System 4. Request from the Fire and Rescue Department to accept and appropriate a grant from the Virginia Department of Fire Programs in the amount of $8,000 for a portable fire extinguisher training simulator 5. Request from the Police Department to accept and appropriate a grant from the Department of Criminal Justice Services in the amount of $38,494 for the Violent Crimes Against Women Unit. 6 Request from the Police Department to accept and appropriate grant from State Farm Insurance in the amount of $5,500 for an enclosed car trailer and winch 7. Request to appropriate technology trust funds in the amount of $115,555 from the state to the Clerk of the Circuit Court for fiscal year 2006-2007 162 February 27, 2007 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 022707-3.b REQUESTING ACCEPTANCE OF EDGEFIELD CIRCLE, A PORTION OF EDGEFIELD DRIVE AND THE REMAINING PORTION OF FOUNTAIN LANE 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. Recorded Vote Moved by: Seconded by: Yeas: Nays: Supervisor Altizer None Required Supervisors Wray, Church, Altizer, Flora, McNamara None February 27, 2007 163 IN RE: REPORTS Supervisor McNamara 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 !: General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaencv 4. Future Capital Proiects 5. Statement of expenditures and estimated and actual revenues for the month ended January 31.2007 6. Public Safety Center Buildina Proiect Budaet Report 7. Public Safety Center Buildina Proiect Chanae Order Report IN RE: CLOSED MEETING At 7:05 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 (1) discussion regarding the appointment of specific public officers, namely appointments to the Roanoke Regional Airport Commission and the Western Virginia Water Authority; and Section 2.2-3711 A (3) discussion or consideration of the acquisition of real property for public purposes, namely Mount Pleasant Library. The motion carried by the following recorded vote: 164 February 27, 2007 AYES: NAYS: IN RE: Supervisors Wray, Church, Altizer, Flora, McNamara None WORK SESSIONS 1. Work session to discuss the secondary roads system six-year improvement plan for fiscal years 2007-2013 and review the revenue sharina priority list for fiscal year 2006-2007 and potential proiects for fiscal year 2007-2008. (Teresa Becher. Transportation Enaineerina Manaaer) The work session was held from 5:00 p.m. until 5:20 p.m. with the following staff members present: Teresa Becher, Transportation Engineering Manager; and Arnold Covey, Director of Community Development. Jeff Echols, Resident Engineer, Virginia Department of Transportation (VDOT), was also present. Mr. Hodge advised that the State has not finalized the budget allocations for revenue sharing; however, staff wanted to move forward with the six-year improvement plan. He advised that a work session has been scheduled for March 13, 2007, with VDOT to discuss road projects in general, including Route 221, and it is hoped that an update on the State's transportation package can be presented at that time. Mr. Covey advised that the County's budget for fiscal year 2007-2008 for secondary road improvement projects is approximately $2.68 million which is a 12.9% decrease from fiscal year 2006-2007. He reported that the funding is divided into the February 27,2007 165 following two categories: (1) County-wide incidental improvements which include the rural addition program; and (2) numbered projects which make up the majority of the funding. He advised that VDOT is not allocating any funds to the County for the rural addition program due to the fact that the program has a balance of $894,648. Ms. Becher advised that there are 21 rural addition projects which have been prioritized for fiscal years 2006-2007 and 2007-2008. Mr. Covey advised that staff has not added any projects to the list and their focus is to complete the projects already on the list. After general discussion, staff was directed to not add any additional projects to the rural addition list, prioritize items 1 through 10, and determine ways to either move these projects forward or remove them from the list. There was also discussion concerning the possibility of the County using revenue sharing funds to accomplish the projects on the rural addition program and six-year plan. Mr. Covey advised that staff will schedule a public hearing on the six-year secondary road improvement plan for fiscal years 2007-2013 on March 27, 2007, and that another work session will be held after the County has been notified of the allocation for the revenue sharing program. 2. Work session with the Capital Improvements Proaram (CIP) Review Committee to review results of the evaluation process. (Brent Robertson. Director of Manaaement and Budaet) The work session was held from 5:30 p.m. until 6:10 p.m. with the following staff members present: Brent Robertson, Director of Management and 166 February 27,2007 Budget; and Holly Salvatore, Budget Manager. The following members of the CIP Review Committee were present: Charles Wertalik, Vinton Magisterial District; Steve Campbell, Hollins Magisterial District; Debbie Clark, Public Safety; and Linwood Windley, Economic Development Authority. Mr. Robertson advised that the CIP Review Committee members asked him to present their evaluations and recommendations for fiscal year 2007-2008 as contained in the report that was provided with the agenda. He advised that the committee did not include in their prioritization process the approved projects which were adopted by the Board last year. He described the criteria and method utilized by the committee to prioritize the capital project requests into Levels 1, 2 and 3. Mr. Robertson advised that the Level 1 projects represented capital needs that have the highest perceived community value but with no identified funding. He reported that Levels 2 and 3 were determined by grouping projects together that have successively lower scores with a lower perceived priority. Mr. Robertson advised that the Level 1 projects included only one public safety project. However, this was not due to the committee's lack of support for public safety, but rather because the County has recently funded many public safety needs. He advised that the committee decided to focus on quality of life issues which included greenways, libraries, and recreational facilities. He reported that Level 1 priorities included: (1) Information Technology - replacement of HP 3000, (2) Parks and Recreation - greenways and trails; (3) Library - Mt. Pleasant Library relocation; (4) February 27,2007 167 Library - Glenvar Library expansion; (5) Parks and Recreation - land acquisition for passive parks; (6) Community Development - regional stormwater management and flood control; (7) Parks and Recreation - Garst Mill improvements; (8) Information Technology - enterprise storage and backup; (9) Fire and Rescue - new Plantation- Hollins Road station; and (10) Library - Vinton Library renovation. Mr. Robertson also reviewed briefly the Level 2 and Level 3 projects. Supervisor McNamara inquired where the multi-generational center ranked on the committee's priority list. Mr. Robertson advised that the center was ranked with Level 2 projects because the committee felt that the Board had already endorsed the project and it was moving forward. Mr. Robertson advised that the committee reached consensus on several capital planning options which they felt should be considered by the Board and staff. He reported that the committee recommended that these planning options include the following: (1) long range capital planning; (2) land banking; (3) capital maintenance; (4) capital project financing; and (5) operational costs of capital projects. The members of the CIP Review Committee voiced support for the CIP process and expressed appreciation for the opportunity to serve on the committee. The Board members expressed appreciation to Mr. Robertson, Ms. Salvatore and the members of the CIP Review Committee for their integrity in completing their task. 168 February 27, 2007 3. Work session to discuss fiscal year 2007 -2008 budaet development. (Elmer Hodae, County Administrator; Brent Robertson, Director of Manaaement and Budaet) The work session was held from 6:15 p.m. until 6:30 p.m. with the following staff members present: Brent Robertson, Director of Management and Budget; and Diane Hyatt, Chief Financial Officer. Mr. Robertson advised that the third quarter projected revenue for fiscal year 2006-2007 is $2.4 million which was calculated at the current real estate tax rate. He advised that the revenue stream is holding steady. He advised that it is anticipated that there will be additional expenditures for the Social Services Department and the new regional jail. In response to Supervisor McNamara's inquiry, Mr. Hodge advised that they do not have the final funding information from the State for the County or schools. Ms. Hyatt advised that they should receive information about State funding by late March. Mr. Hodge advised that another work session on the budget will be scheduled when the budget information from the State has been received. There was general discussion regarding the libraries, and Supervisor McNamara advised that he felt the Board should review this matter during the budget process. The discussion focused on whether or not to retain the 419 library site, as well as renovations to the Glenvar Library. February 27, 2007 169 IN RE: CLOSED MEETING The closed meeting was held from 6:30 p.m. until 7:00 p.m. IN RE: CERTIFICATION RESOLUTION R-022707-4 At 7:05 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 022707-4 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, Flora, McNamara NAYS: None 170 February 27, 2007 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1: Resolution of conaratulations to Glenvar Hiah School vollevball team for winnina the State Group A Championship, R-022707 -5 Chairman McNamara presented the resolution to Coach Mark Rohrback and the members of the team. Marian Roark, School Board Chair; Dr. Lorraine Lange, Superintendent; and Curtis Hicks, Principal, were also present. Certificates of recognition were presented to members of the team. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 022707-5 OF CONGRATULATIONS TO THE GLENVAR HIGH SCHOOL VOLLEYBALL TEAM FOR WINNING THE STATE GROUP A CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship, and athletic skill; and WHEREAS, the Glenvar Highlanders Volleyball Team won their first State Group A Championship on November 18, 2006; and WHEREAS, the Highlanders were undefeated throughout the season with a record of 28 wins; and won 84 of the 87 games the team played in 2006; and WHEREAS, the Highlanders were undefeated in the post season winning all eight of their matches in the Three Rivers District, Region C, and Group A tournaments; and WHEREAS, in addition to the accomplishments of the team, Anna Gustafson was named State Group A Player of the Year and to the All-State First Team, and Lara McDonald was named to the All-State First Team; and February 27,2007 171 WHEREAS, the Highlanders are coached by Coach Mark Rohrback, who was named State Group A Coach of the Year, Region Coach of the Year, and District Coach of the Year. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the GLENVAR HIGHLANDERS VOLLEYBALL TEAM: Meredith Buckley, Anna Gustafson, Kelley Knoebel, Lara McDonald, Casey Moore, Jessie Moore, Ashley Owen, Liz Trinchere, Kara Turner, and Courtney Webb for their athletic ability, their commitment, and their team spirit; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. 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 f.!l Certificate of recoanition to Anna Gustafson. Glenvar Hiah School. for beina named the State Group A Volleyball Player of the Year and beina named to the Volleyball All-State First Team. Chairman McNamara presented the certificate of recognition to Ms. Gustafson. Ms. Gustafson's parents were also present. {Q.l Certificate of recoanition to Lara McDonald. Glenvar Hiah School. for beina named to the Volleyball All-State First Team. Chairman McNamara presented the certificate of recognition to Ms. McDonald. Ms. McDonald's parents were also present. 172 February 27, 2007 2. Resolution of com:lratulations to Cave Sprina Hiah School vollevball team for winnina the State Group AA Championship. R-022707-6 Chairman McNamara presented the resolution to Coach Tamalyn Tanis, and the members of the team. Bill Irvin, School Board Member; Dr. Lorraine Lange, Superintendent; and Dr. Martha Cobble, Principal, were also present. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 022707-6 OF CONGRATULATIONS TO THE CAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM FOR WINNING THE STATE GROUP AA CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship, and athletic skill; and WHEREAS, the Cave Spring Knights Volleyball Team won the State Group AA Championship on November 18, 2006, for the second consecutive year making this their fourth championship in five years; and WHEREAS, the Knights' record for 2006 is 27 wins and 1 loss, and their over-all record for the past five years is 134 wins and 7 losses; and WHEREAS, in addition to the accomplishments of the team, Jennifer Harvey was named Group AA Player of the Year and to the All-State First Team; and WHEREAS, the Knights are coached by Head Varsity Coach Tamalyn Tanis who was named Coach of the Year for the third time and Assistant Varsity Coach Mark Tanis, Junior Varsity Coach Keesha Meek, and Assistant Junior Varsity Coach Mike Wiegand. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the CAVE SPRING KNIGHTS VOLLEYBALL TEAM: Lauren Bosche', Piper Hagan, Jennifer Harvey, Katherine Jetton, Jocelyn Kellinger, Kelsey Kerr, Kelsey February 27, 2007 173 Largen, Allyson Paone, Maggie Wagner, Meredith Walker, Emily White, and Taylor Yarber, for their athletic ability, their commitment, and their team spirit; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None f!l Certificate of recoanition to Jennifer Harvey. Cave Sprina Hiah School. for beina named the State Group AA Volleyball Player of the Year and beina named to the Volleyball All-State First Team. Chairman McNamara presented the certificate of recognition to Ms. Harvey. Ms. Harvey's parents were also present. 3. Resolution of conaratulations to William Byrd Hiah School Cheerleadina Competition Team for winnina the State Group AA Cheerleadina Championship. R-022707-7 Chairman McNamara presented the resolution to Coach Monica West, Assistant Coach Marcia Patterson, and the members of the team. Dr. Lorraine Lange, Superintendent; and Dr. Ben Helmandollar, Assistant Principal, were also present. 174 February 27, 2007 Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 022707-7 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL CHEERLEADING COMPETITION TEAM FOR WINNING THE GROUP AA STATE CHEERLEADING CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, teamwork is essential in the sport of cheerleading with each member contributing to the success of the team; and WHEREAS, the William Byrd High School Cheerleading Competition Team is comprised of members of both the Junior Varsity and Varsity squads who are judged and selected for membership on the competition team; and WHEREAS, the competition team won the Group AA state cheerleading championship on November 11, 2006, for the second consecutive year, and dominated the final round of competition by scoring 296 points out of a possible 300; and WHEREAS, the competition team has won four state championships in the past six years; and WHEREAS, the team is coached by Competition Coach Monica West, Head Coach Jessica Wheeler, and Assistant Coach Marcia Patterson. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the WILLIAM BYRD HIGH SCHOOL CHEERLEADING COMPETITION TEAM: Hannah Angel, Lindsey Booth, Jared Brammer, Amber Cannaday, Courtney Canterbury, Jordan Eddy, Molli Flowers, Samantha Hayden, Ashley Lester, Catherine Lyon, Meghan Morris, Jordan Mullen, Kylee Mycock, Morgan Nicely, Sam Nolen, Pamella Palmer, Alisha Penton, Ashley Simmons, Alisha Smith, Kayla Smith, Stephanie Thomas, Taylor Tran, Kara Turner, Holly Walker, and Morgan Wills for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. February 27,2007 175 On motion of Supervisor Altizer 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 READING OF ORDINANCES .1.: Withdrawn at the reauest of the petitioner. Second 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. Chairman McNamara advised that this item has been withdrawn at the req uest of the petitioner. 2. Second readina of an ordinance to rezone approximately 10.363 acres from AG-3. Aaricultural/Rural Preserve District. to PRD. Planned Residential District. and to amend the PRD Master Plan on the adiacent 94.229 acres to construct! planned residential community on the entire 104.455 acre parcel located at 3804. 3672. and 3796 Sterlina Road. Vinton Maaisterial District. upon the application of Loblolly Mill. LLC. (Philip Thompson. Deputv Director of Plannina) 0-022707 -8 Mr. Thompson advised that in 2006 the Board rezoned approximately 94 acres from AG-3, Agricultural/Rural Preserve District to Planned Residential 176 February 27,2007 Development (PRO) for development of the Loblolly Mill subdivision. He advised that the subdivision and grading plans have been approved and construction of the subdivision is underway. He stated that the applicant is in the process of purchasing approximately 10 acres of adjacent property and wishes to rezone the property to PRO and incorporate it into the overall development plan. Mr. Thompson advised that the proposed project will now include 104.455 acres (94.229 acres plus 10.363 acres) with a total of 34 lots (29 lots plus 5 new lots). He reported that there will be one entrance off Sterling Road which has been approved by VDOT; however, the current entrance will still remain the access point to the subdivision. He advised that the applicant is proposing to build a wider entrance than required to accommodate the school bus pull off. He advised that the roads will be private, 18 feet wide with 4-foot gravel shoulders, and will have a maximum grade of 16%, which is a reduction from the previous plan which was 18% maximum. The shared driveways will be 14 feet wide with 2-foot shoulders, and there is a clearing restriction limited to 16,500 square feet per lot for home construction. He advised that 50% of the site will be dedicated to open space and conservation easements. As part of the new plan for the development, the developer is proposing two planting areas which will shield Sterling Road from the existing 10 acre parcel and mitigate the existing grading that has taken place. There will be private wells and septic systems and a dry hydrant is proposed for the existing 1.75 acre pond on the development. There will be a February 27,2007 177 trail system throughout the development and the existing covered bridge and mill house will remain. Mr. Thompson advised that the surrounding properties are zoned AG-3, Agricultural/Rural Preserve; AG-1, Agricultural/Rural Low Density, and AR, Agricultural/Residential. The surrounding land uses include single family residences, agricultural uses, and vacant land. He reported that the community plan designates this property as rural preserve and rural village, and the proposal is in general conformance with the policies and guidelines of the community plan. Mr. Thompson advised that a community meeting was held on January 22, 2007, at the Mount Pleasant Fire Station with approximately 12 people in attendance. The issues raised included stormwater runoff, fire protection, provision of County services, and road details. He advised that the Planning Commission held a public hearing on February 6, 2007, and three citizens spoke in opposition and expressed their concerns about a major change in the community, view shed impacts, fire safety concerns, and ridge top development. Mr. Thompson advised that the Planning Commissioners had concerns regarding traffic, fire suppression, roads, planting areas, and utilities; however, the Planning Commission recommended approval of the rezoning request by a vote of five to zero. Mr. Sean Horne, Balzer and Associates, representing Loblolly Mill LLC, advised that Rob Sartino, contract purchaser, was present. Mr. Horne advised that they are requesting that the 10 acres at the intersection of Sterling Road, formerly the 178 February 27, 2007 Jacklitsch property and enclosed by the existing Loblolly property, be rezoned to PRD. He reported that the original proposal had 18% road grades and by adding this property to the project and reconfiguring the road, the grade could be reduced to 16% which is allowed by VDOT. He advised that they will maintain the buffer of trees along Sterling Road for the benefit of the neighbors, and there will be two replanting areas for additional buffers. He advised that they are working with the schools and the General Services Department concerning the issues of school buses and trash pickup. He reported that if the school buses are unable to use the private roads, they have agreed to provide an area off Sterling Road to be used by the buses. He advised that a dry hydrant will be placed in the existing pond on the site, and they will complete any improvements as required by the Fire Department. He advised that an existing well on the site will serve as another water supply. Mr. Horne expressed appreciation to the County staff, the Planning Commission, and Supervisor Altizer for their assistance in clarifying and updating the issues from the previously approved project. Supervisor Wray inquired how the trash collection will be handled if the County cannot service the area. Mr. Horne advised that if the County cannot pick up the trash, they have proffered to have a private vendor, that will be paid for by the homeowners' association, pick up and deliver the trash to the landfill. Supervisor Wray inquired about the school bus turnoff, and Mr. Horne advised that they will provide an entrance that will be wide enough for the bus to pull off parallel to Sterling Road to load and unload children. In response to Supervisor Wray's inquiry, Mr. Horne advised that February 27,2007 179 the dry hydrant will be connected to the existing pond which is approximately an acre in size, with a depth of twenty feet in the middle and eight feet at the edge. He reported that the Fire Department's tanker trucks will be able to fill up with water from the pond, that this proffer was made with the original plan, and that the dry hydrant is not specifically for this development and can be used by the Fire Department as necessary. Supervisor Altizer inquired how close the dry hydrant will be located to an existing road in the development because it will need to be accessible to the fire trucks. Mr. Horne pointed out the location on the map and advised that the dry hydrant will be designed to the Fire Department standards which will be reviewed by Steve Poff, Fire and Rescue Division Chief. Supervisor Altizer inquired if there was a proffered condition in 2006 concerning trash collection and no receptacles being allowed along the streets. Mr. Horne advised that the wording for the previous proffer was to indicate the intent not to have trash pickup on Sterling Road; however, the proffer has been reworded to clarify that that there will not be trash pickup on Sterling Road. Supervisor Altizer advised that according to a presentation at the Planning Commission meeting, this will not be a gated community even though this is not made a proffered condition. Mr. Horne advised that this was correct. There were no citizens present to speak on this item. Supervisor Altizer requested that Mr. Thompson describe the enhancements being proposed for this combined rezoning of approximately 104 acres instead of 10 acres. Mr. Thompson advised that the request to rezone the 10 acres and 180 February 27,2007 incorporate it into the PRO requires that the master plan be amended by a zoning process. He advised that the enhancements to the overall project include: (1) The maximum grade of the roads will be changed from 18% to 16% with the majority being 14%. (2) There will be improvements to the open spaces, and the drain fields can be rebuilt in the open spaces. (3) The dry hydrant will be built to a better standard and backed up with a well as an alternate source of water. (4) It will not be a gated community. (5) Since the trash and school bus concerns are governed by the road grade, there is a good chance that with a 14% grade, the community will be served by school buses and have trash pickup. (6) They will try to locate the houses in the open areas on the 10 acres. (7) They plan to provide more screening by planting two rows of trees and 30 deciduous trees per acre on the open areas. He advised that the master plan being presented is better overall than the one previously approved. Supervisor Altizer inquired about the concept drawing of the sign at the entrance to the subdivision that the Board members had been provided and if it would be backlit. Mr. Thompson advised that the sign will be monument style with landscaping and lighting from the ground. Mr. Horne advised that the concept drawing was provided as an example of the entrance signage and they plan to use natural materials with a mountain village theme. February 27,2007 181 Supervisor Altizer inquired if school buses are unable to go into the development, will a covered shelter at the entrance to the development be provided. Mr. Horne advised that they would build an architectural feature such as a guard house for children to wait for the school bus. Supervisor Altizer advised that he did not believe this request was any different from the rezoning which the Board approved last year. He advised that the PRO zoning will allow the Board to have more control over the rezoning of the 10 acres with the proffered conditions. He advised that he believes this is a good design and a good use of the PRO zoning. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 022707-8 TO REZONE 10.363 ACRES LOCATED AT 3804 STERLING ROAD FROM AG-3, AGRICUL TURAURURAL PRESERVE, TO PRD, PLANNED RESIDENTIAL DISTRICT AND TO AMEND THE PRD MASTERPLAN ON THE ADJACENT 94.229 ACRES, TO CONSTRUCT A PLANNED RESIDENTIAL COMMUNITY ON THE ENTIRE 104.455 ACRE PARCEL LOCATED AT 3804, 3672, AND 3796 STERLING ROAD (TAX MAP NOS. 89.00-3-5, 89.00-3-12 AND 89.00-3- 6), VINTON MAGISTERIAL DISTRICT UPON THE APPLICATION OF LOBLOLLY MilL, lLC WHEREAS, by Ordinance 42506-6, a certain tract of real estate containing 94.229 acres located at 3672 Sterling Road and in the 3800 block of Sterling Road (Tax Map Numbers 89.00-3-12 and 89.00-3-6) in the Vinton Magisterial District, was rezoned to the zoning classification of PRO, Planned Residential Development District. WHEREAS, at that time the owner of the property voluntarily proffered in writing conditions which are made a part of and incorporated by reference and which were set 182 February 27,2007 out in detail in the attached Exhibit A attached to Ordinance 42506-6 and entitled "The Planning and Design Documents for Loblolly Mill - A Planned Residential Community, Roanoke County, VA, Vinton Magisterial District, prepared for Loblolly Mill, LLC, 119 Norfolk Ave., Roanoke, VA 24011, prepared by Balzer and Associates, Inc., Roanoke, VA, Project #R0500414.00, dated January 18, 2006, revised April 17, 2006" which the Board of Supervisors of Roanoke County, Virginia, accepted. WHEREAS, Loblolly Mill, LLC has petitioned the County to rezone 10.363 acres in order to incorporate this parcel into the existing PRD. WHEREAS, the first reading of this ordinance was held on January 23,2007, and the second reading and public hearing were held February 27,2007; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2007; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 10.363 acres, as described herein, and located at 3804 Sterling Road (Tax Map Numbers 89.00-3-5) in the Vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agricultural Preserve District, to the zoning classification of PRD, Planned Residential Development District. 2. That this action is taken upon the application of Loblolly Mill, LLC. 3. That the owner of the entire 104.455 parcel has voluntarily proffered in writing conditions which are made a part hereof and incorporated herein by reference and which are set out in detail in the attached Exhibit A entitled "The Planning and Design Documents for Loblolly Mill - A Planned Residential Community, Roanoke County, VA, Vinton Magisterial District, Prepared for Loblolly Mill, LLC, 119 Norfolk Ave., Roanoke, VA 24011, Prepared by Balzer and Associates, Inc., Roanoke, VA, Project #R0500414.00, dated January 18, 2006, revised April 17, 2006, amended January 10, 2007, revised February 9, 2007" which the Board of Supervisors of Roanoke County, Virginia, hereby accepts. 4. That said real estate is more fully described as follows: Tax Map No. 89.00-03-5 - 10.363 acres Beginning at a point on the southeasterly right-of-way line of Sterling Road (Virginia Secondary Route 663) at the northwesterly corner of Lot B as shown on a plat entitled "Boundary Line Adjustment Plat of Turner Property" (PB 29, Page 40); thence continuing along the southeasterly right-of-way line of said road the following: along a curve to the left being 63.05 feet in length with a radius of 243.00 feet and having a chord bearing of N. 12044' 44" E. 62.88 feet to a point; thence N. 040 01' 58" E. 135.41 feet to a point; thence along a curve to the right being 160.27 feet in length with a radius of 230.70 feet and having a chord February 27, 2007 183 bearing of N. 220 33' 49" E. 157.07 feet to a point; thence N. 410 31' 52" E. 381.66 feet to a point; thence along a curve to the right being 257.92 feet in length with a radius of 373.33 feet and having a chord bearing of N. 600 48' 45" E. 252.82 feet to a point at the northwesterly corner of N/F Dean Roger Turner; thence leaving said right-of-way line and continuing with the westerly line of said Turner property the following S. 710 24' 00" E. 101.00 feet to a point; thence S. 640 45' 00" E. 144.20 feet to a point; thence S. 760 00' 00" E. 112.00 feet to a point on the westerly line of N/F Loblolly Mill, LLC; thence leaving the line of said Turner property and continuing along the westerly line of said Loblolly property the following: S. 540 34' 41" W. 393.94 feet to a point; thence S. 18040' 14" E. 307.26 feet to a point; thence S. 130 12' 42" E. 300.80 feet to a point at the northeasterly corner of said Lot B; thence leaving the line of said Loblolly property and continuing with the northerly line of said Lot B the following: N. 750 54' 22" W. 371.26 feet to a point; thence N. 760 03' 30" W. 189.97 feet to a point; thence N. 760 32' 24" W. 199.60 feet to the Point of Beginning containing 10.363 acres and being Lot A as shown on plat entitled "Boundary Line Adjustment Plat of Turner Property" recorded in Plat Book 29, page 40 in the Roanoke County Circuit Court Clerk's Office. 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. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 3. Second readina of !ill ordinance to obtain ~ special use permit to operate ~ recreational vehicle sales and service facility on 38.65 acres located at 8010 Plantation Road and Interstate 81. Hollins Maaisterial District. upon the petition of Oppidan Investment Company. (Philip Thompson. Deputy Director of Plannina) 0-022707 -9 184 February 27, 2007 Mr. Thompson advised that Oppidan Investment is requesting a special use permit for a recreational vehicle sales and service facility on approximately 38.65 acres in a C-2 zoning district. The proposed project includes a total of 83,600 square feet of commercial buildings as follows: (1) Gander Mountain - 65,000 square feet and 15,000 square feet outdoor display area; and (2) Camping World - 18,600 square feet comprised of 12,600 square feet for retail space and 6,000 square feet for five service bays. Mr. Thompson advised that a new public road will be built to serve the property from Plantation Road, and there will be the associated parking, landscaping, lighting, signage, and stormwater management. The project will be served by public water and public sewer, and a 12-inch waterline will be constructed along the new public road with three fire hydrants. An 8-inch sewer main will also be constructed on the site to connect to the existing sewer lines. He advised that the surrounding properties are zoned C-2, General Commercial, to the east and north, and R-1, Low Density Residential, to the south and west. He advised that the surrounding land uses are residential to the south and west, commercial uses to the east, and 1-81 is to the north. He advised that the proposal is consistent with the policies and guidelines of the community plan which designates the property as core. Mr. Thompson advised that a community meeting was held on January 22, 2007, at Bonsack Elementary School with approximately 50 citizens in attendance. The issues raised included site development, allowable land uses, lighting, landscaping, buffers, proffered conditions, stormwater runoff, and potential damage to wells and February 27,2007 185 foundations. Mr. Thompson reported that the Planning Commission held a public hearing on February 6, 2007, and one citizen spoke of his concerns about the visibility of the project from the residents on Enon Drive, buffering, berms, and potential damage to private wells during construction. Mr. Thompson advised that the Planning Commissioners had questions regarding setbacks from the 1-81 right-of-way, landscaping, buffers, berms, lighting, and signage. The Planning Commission recommended approval of the special use permit with three conditions by a vote of four to one. Mr. Thompson advised that the three conditions included: (1) The site shall be developed in substantial conformance with the Oppidan Retail Center Overall Development Plan, prepared by Lumsden Associates, P.C. dated February 5, 2007. (2) The building elevations shall be in substantial conformance with the Gander Mountain Exterior Elevations, prepared by Oppidan Investment Company, dated February 2007. (3) Type C, Option 1 landscaping shall be installed in the entire 50 foot buffer yard during the first opportune planting season after completion of final grading in the buffer yard. A six-foot high berm shall be constructed within the buffer yard, with landscape plantings on the berm. Supervisor Flora advised that it was his understanding that the original conditions previously approved for the rezoning of the property will remain intact. Mr. Thompson advised that the five proffered conditions that were part of the rezoning will remain with the property. Supervisor Flora advised that the last paragraph of the ordinance refers to repealing any other ordinances that might be in conflict with the 186 February 27, 2007 special use permit and inquired if there were any ordinances in conflict. Mr. Thompson advised that with any rezoning action, there is a 3D-day day appeal process and this is standard language in the ordinance. Mr. Mahoney advised that he believed Supervisor Flora's concern is whether the action being requested would repeal the previously approved conditions. Supervisor Flora inquired if the ordinance being provided repeals any ordinances that staff is aware of at this time. Mr. Thompson advised that it did not. Mr. Mahoney advised that the proffered conditions previously accepted for the rezoning are still in effect and do not conflict with the request for a special use permit. Supervisor Flora asked why the special use permit was being requested for the entire tract of land and not limited to the 8 or 9 acres intended for this purpose. Mr. Thompson advised that the first application from the petitioner was submitted to remove the proffered conditions; however, one of the proffered conditions provided for the 50 foot buffer along the residential properties. He reported that in order to keep that condition intact, staff advertised the special use permit for the entire acreage. He also stated that at the time of the advertisement, the engineering work was not complete on the 8 or 9 acres, and staff wanted to have the flexibility to avoid having to apply for another special use permit. He advised that the acreage for a special use permit can be reduced but not expanded beyond what is advertised; that the entire parcel has not been subdivided; and there are no metes and bounds description for the property. February 27,2007 187 Supervisor Flora advised that requesting the special use permit for the entire tract has caused concerns for the neighbors; however, he stated that a new car dealership could be built without a special use permit which he thought might be more offensive to the neighbors than recreational vehicle sales. Mr. Thompson advised that if the special use permit was requested specifically for 9 acres, the previously approved condition #3 for buffering would cease to exist because it would be on property not covered by the special use permit. He advised that one of the main concerns expressed at the community meeting was that the citizens on Enon Drive did not want to look up at a commercial development with lighting without the previously approved buffer. Supervisor Flora advised that he wanted to clarify that the conditions that were originally approved with the rezoning would stay intact. Mr. Thompson advised that this was correct. Supervisor Flora asked Mr. Thompson to clarify how limiting the special use permit area to 10 acres could affect condition #3 which is specifically for the special use permit. Mr. Thompson advised that it would not apply because the buffer would not be on the 10 acres. Ed Natt, counsel for Oppidan, advised that he would like to answer Supervisor Flora's question. He advised that if the special use permit is for the 9 to 11 acre site for Gander Mountain and Camping World, the proffer that relates to building the berm would be offsite of the special use permit. Supervisor Flora advised that this explanation clarified the matter for him. 188 February 27,2007 Mr. Natt advised that Kevin Barnes of Lumsden Associates was present; and that Larry Barrett, Oppidan, was unable to attend because of snow conditions in Salt Lake City. Mr. Natt stated that a neighborhood meeting was held; that the Planning Commission recommended approval of the request; and they are requesting approval of the special use permit to allow sales and service of recreational vehicles. He advised that the definition of recreational vehicles encompasses many things under the County's ordinance, and neither of these facilities will sell recreational vehicles; however, the facilities will sell and install items purchased there for recreational vehicles. He advised that this is similar to buying a car stereo system at Circuit City and having them install it. He advised that the facilities will also do minor service of recreational vehicles as defined by the County's ordinance. He advised that they could have an automobile dealership, as well as truck sales and service, without obtaining a special use permit. He advised that they are requesting a special use permit as required for recreational vehicles as defined by the County's ordinance. Supervisor Wray asked for more information about the 50 foot buffer. Mr. Natt deferred the question to Mr. Barnes who pointed out on the site plans where the 50 foot buffer would border the adjoining residential properties. Mr. Barnes advised that the developer will provide plantings in accordance with the requirements in the County ordinance, and the developer has agreed to a condition which provides for a minimum six-foot high berm within the buffer yard. Supervisor Wray inquired where the plantings would be placed in relation to the berm and the houses. Mr. Barnes advised that there February 27, 2007 189 will be evergreens, deciduous trees, and some shrubs placed on the top and sides of the berm to maximize the buffer between the neighborhood and the commercial property. He displayed sketches of the berm. There were no citizens present to speak on this item. Supervisor Flora moved to approve the special use permit and adopt the ordinance. Supervisor McNamara advised that before the vote was taken, he wanted to state that he had abstained from voting on previous actions of the petitioner because of a potential conflict where the petitioner's co-counsel was involved in a civil lawsuit against a company that Supervisor McNamara owned. He advised that this is no longer the situation, and there is no conflict to prevent him from voting on this matter. Supervisor Flora's motion to approve the special use permit and adopt the ordinance carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 022707-9 GRANTING A SPECIAL USE PERMIT TO OPERATE A RECREATIONAL VEHICLE SALES AND SERVICE FACILITY ON 38.65 ACRES LOCATED AT 8010 PLANTATION ROAD (TAX MAP NOS. 18.18-1-1 AND 18.18-1-10) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF OPPIDAN INVESTMENT WHEREAS, Oppidan Investment has filed a petition for a special use permit to operate a recreational vehicle sales and service facility to be located at 8010 Plantation Road (Tax Map Nos. 18.18-1-1 and 18.18-1-10) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 6, 2007; and 190 February 27,2007 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 23, 2007; the second reading and public hearing on this matter was held on February 27,2007. 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 Oppidan Investment to operate a recreational vehicle sales and service facility to be located at 8010 Plantation Road in the Hollins Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The site shall be developed in substantial conformance with the Oppidan Retail Center Overall Development Plan, prepared by Lumsden Associates, P. C., dated February 5, 2007. (2) The building elevations shall be in substantial conformance with the Gander Mountain Exterior Elevations, prepared by Oppidan Investment Company, dated February 2007. (3) Type C, Option 1 landscaping shall be installed in the entire 50 foot buffer yard during the first opportune planting season after completion of final grading in the buffer yard. A six-foot high berm shall be constructed within the buffer yard, with landscape plantings on the berm. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Bill Overstreet, 6741 Parkway Drive, advised that he wanted to comment on real estate taxes and assessments. He advised that it has been stated that 7.1 % and 7.2% were the average increases in County assessments. However, his survey of houses in his neighborhood and the Penn Forest subdivision show a 9% increase in February 27, 2007 191 assessments, and the Board should consider this 9% increase as they set the tax rate. He advised that he has resided in his home for eight years and the average increase in assessment every year except this past year has been 2.65%, which is the same as the Federal Consumer Price Index. He advised that taxes associated with an increase of 2.65% in assessments would be reasonable; however, a two cent decrease in the real estate tax rate with a 9% increase in assessments is unacceptable. He believes that citizens are paying too much in taxes; that there should be no tax increases regardless of whether it is needed; and that the government should live within its income in the same manner as citizens. Chairman McNamara requested that Mr. Hodge provide the Board members with a copy of the reassessment history by real estate categories for their information as they continue to discuss the real estate tax rate and assessments. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: He advised Mr. Overstreet that the reassessments of his two properties in North County increased between 9% and 10%. He advised that there are many different categories of real estate and he is thankful that his properties increased instead of decreased. He advised that he does not think any area of the County is being mistreated regarding reassessments. Supervisor Wrav: (1) He asked that Mr. Hodge convey to the Fire Department, particularly Division Chief Simon, his appreciation for their excellent handling of the brush fire on Crowell Gap Road. The fire was apparently started by a 192 February 27, 2007 downed power line and was being spread by high winds. Mr. Hodge advised that he will convey the comments and added his thanks to the Fire Department for doing a great job despite terrible conditions. (2) He advised that citizens have called him to inquire about a signal light on Starkey Road located below Plastics One. He advised that this is a temporary signal which is needed during the time that the bridge is being re-decked. Supervisor Altizer: He requested that the citizens in the Mount Pleasant community return the surveys they received concerning revisiting the community plan. He advised that a meeting is being planned for the first part of April and that he would like to have citizens provide input and attend the meeting. Notices of the date of the meeting will be sent later. Supervisor McNamara: He advised that the groundbreaking was held for the new regional jail last week, and that the jail is another example of successful regional cooperation. The majority of the $128 million funding for the jail will come from the State, but it is also being funded by the partnering jurisdictions of the Counties of Roanoke, Franklin, and Montgomery, and the City of Salem. He stated that he looks forward to the completion of the regional jail. INRE: ADJOURNMENT Chairman McNamara adjourned the meeting at 9:00 p.m. Submitted by: Approved by: ~~~ Brenda J. olton, CMC Deputy Clerk to the Board