HomeMy WebLinkAbout12/13/2011 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2011
RESOLUTION 121311 -1 TO ALLOW THE DIRECTOR OF LIBRARY
SERVICES TO ESTABLISH FEES FOR THE USE OF LIBRARY
MEETING ROOMS BASED UPON RECOMMENDATIONS FOR THE
LIBRARY BOARD AND APPROVAL OF THE COUNTY
ADMINISTRATOR
WHEREAS, the Library Board has adopted policies and fees for the use of the
community meeting rooms inside County libraries; and
WHEREAS, with the opening of the new South County library the fees for the use
of rooms within this new library will be increased; and
WHEREAS, the Library Board and County staff requests the Board of
Supervisors to authorize by resolution the authority of the Library Board and Director of
Library Services to adopt policies and to establish fees for the use of community
meeting rooms inside Roanoke County libraries.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County as follows:
1. That the Roanoke County Library Board is authorized to adopt policies for
the use of community meeting rooms inside Roanoke County libraries.
2. That the Roanoke County Director of Library Services is authorized to
establish fees for the use of community meeting rooms inside Roanoke County libraries
based upon recommendations from the Roanoke County Library Board and subject to
final approval by the Roanoke County Administrator.
Page 1 of 2
3. That all revenues from the fees for the use of community meeting rooms
and the rental of library facilities shall be appropriated by the Board of Supervisors to
library operations.
4. That the effective date of this resolution shall be January 1, 2012.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A CGPY TESTS:
Clerk to the Board o
cc: Diana Rosapepe, Director of Library Services
Diane D. Hyatt, Assistant county Administrator
upervisors
Page 2of2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2011
RESOLUTION 121311 -2 REQUESTING THE GENERAL ASSEMBLY OF
VIRGINIA TO MAINTAIN THE MORATORIUM ON MINING URANIUM
DURING THE 2012 GENERAL ASSEMBLY SESSION
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, recognizes that
clean water, clean air and a healthful environment are critically important resources of the
County and its surrounding region; and
WHEREAS, the future economic development of our County and region are closely
related to this region's healthy and pollution -free environment and natural beauty that
currently make it so desirable as a destination for visitors and new residents; and
WHEREAS, in 1983 the potential for mining uranium in the Virginia counties of
Pittsylvania and Orange was proposed whereby the Virginia Assembly issued a moratorium
on the mining and milling of uranium, which remains in effect today, until the industry could
prove that it is capable of performing such activities without hazardous impacts to the
natural resources and public health of the Commonwealth; and
WHEREAS, a company known as Virginia Uranium, Inc., has proposed mining and
milling the uranium ore at the Coles Hill Deposit in Pittsylvania County, Virginia, stating to
its investors that it will seek legislation to repeal the moratorium in the 2012 session of the
Virginia General Assembly; and
WHEREAS, the mining operations proposed by Virginia Uranium, Inc. could result in
large quantities of airborne radioactive dust and in highly mobile radioactive mill tailings
which must be stored as sludge in ponds and eventually in dewatered tailings piles that can
retain eight -five percent (85 %) of their original radioactivity for thousands of years; and
Page 1 of 3
WHEREAS, it is possible that these sludge ponds and tailings pile confinement
structures could fail, resulting in the release of radioactive materials into surface waters
and the surrounding environment; and
WHEREAS, unlike almost all uranium mining operations in North America that are
currently located in arid regions or in areas remote from population, the Coles Hill site is in
the Roanoke River basin, which serves as a drinking water source for over one million
people in Virginia and North Carolina including several military bases, a source that would
face increased risks associated with uranium mining and milling and storage of radioactive
wastes; and
WHEREAS, over sixty -five (65) communities, agencies and organizations
throughout the region have gone on record as being opposed to the lifting of the
moratorium on uranium mining until it can be shown it can be done without hazardous
impacts to natural resources and public health; and
NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of Roanoke
County, Virginia,
1. That the Virginia General Assembly maintain the moratorium on mining
uranium indefinitely, or until the industry provides proof through an independent scientific
study that it is capable of performing such activities without hazardous impacts to the
natural resources and public health of the Commonwealth.
2. The scientific study must be provided by a person or persons that are not
affiliated with, employed by, or hired by Virginia Uranium Incorporated, its agents or
employees, or any person or company that is involved in uranium mining or milling.
Page 2 of 3
I That the Clerk to the Board is directed to send a copy of this resolution to
each member of the County's legislative delegation, the Virginia Association of Counties,
the Virginia Municipal League and to all groups currently studying uranium mining in the
Commonwealth of Virginia.
On motion of Supervisor Moore to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
cc: Paul M. Mahoney, County Attorney
Senator .John S. Edwards
Senator Ralph K. Smith
Senator Stephen Newman
Delegate Gregory D. Habeeb
Delegate Christopher Head
Delegate Onzlee Ware
Virginia Association of Counties
Virginia Municipal League
Clerk to the Board of
Page 3 of 3
pervisors
A COPY TESTS:
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2011
RESOLUTION 121311 -3 ADOPTING ADDITIONAL LEGISLATIVE
INITIATIVES FOR THE 2012 SESSION OF THE VIRGINIA GENERAL
ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO
FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED
HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, on October
11 2011, adopted a legislative program resolution for the 2012 session of the Virginia
General Assembly; and
WHEREAS, the Board has identified additional legislative initiatives for the 2012
session of the Virginia General Assembly; and
WHEREAS, the Board adopts this resolution for additional legislative initiatives
for the consideration of the Virginia General Assembly.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the following additional legislative initiatives are submitted for its
legislative program for the 2012 session of the Virginia General Assembly for its
favorable consideration and adoption.
1. Transient occupancy tax — Currently Roanoke County's transient
occupancy tax is capped at five percent (5 %). It is requested that Section 58.1 -3823 of
the Code of Virginia be amended to allow Roanoke County to impose a transient
occupancy tax not exceed seven percent (7 %). The Convention and Visitor's Bureau
(CVB) has requested the County to allocate additional funds from this tax to support its
operations. If this increase in the transient occupancy tax were approved, Roanoke
Page 1 of 3
County could enter into an agreement with the CVB to allocate these additional tax
proceeds to its operations.
2. Economic Deveiopment Authority Membership -- Current State Code limits
industrial development authority/economic development authority boards to seven
members. It is requested that Section 15.2 -4904 of the Code of Virginia be amended to
increase the membership of these boards to ten (10) members within the discretion of
the local governing body.
That the Clerk to the Board of Supervisors is directed to send an attested copy of
this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith,
Delegate Greg Habeeb, Delegate Chris T. Head, Senator Stephen D. Newman,
Delegate Gnzlee Ware, Stephanie Moon, Roanoke City Clerk; Members of the Roanoke
City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem
City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the
Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of
Counties.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A GOPY TESTS:
"WUU1 Qi 1 Lam. OCQ ONZO
Clerk to the Board
Page 2 of 3
upervisors
cc: Paul M. Mahoney, County Attorney
Senator John S. Edwards
Senator Ralph K. Smith
Senator Stephen Newman
Delegate Gregory D. Habeeb
Delegate Christopher Head
Delegate Onzlee Ware
Stephanie Moon, Roanoke City Clerk
Roanoke City Council
Kevin S. Boggess, Salem City Clerk
Salem City Council
Susan N. Johnson, Vinton Town Clerk
Vinton Town Council
Roanoke Valley Aileghany Regional Commission
Virginia Association of Counties
Page 3 of 3
ACTION NO. A- 121311 -4
ITEM NO. E -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 13, 2011
AGENDA ITEM: Request to appropriate $25,000 to Roanoke County Schools
from the Commonwealth of Virginia
SUBMITTED BY: Dr. Carol Whitaker
Assistant Superintendent of Personnel
Kim Thompson
Assistant Supervisor of Personnel
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Each year, teachers who are Nationally Board Certified receive an incentive from the
Commonwealth of Virginia that must be processed through Roanoke County Schools'
accounting process. The Commonwealth of Virginia will electronically transfer $25,000 to
cover the incentive to Roanoke County Schools. The payroll office will distribute funds on
the next available payroll.
FISCAL IMPACT:
The personnel budget will be increased by $25,000.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Roanoke County Schools requests that $25,000 be appropriated to the Personnel Budget
to provide the incentive for Nationally Board Certified Teachers.
Page 1 of 1
VOTE:
Supervisor Church moved to approve the staff recommendation.
Motion approved.
cc: Dr. Carol Whitaker, Assistant Superintendent of Personnel
Rebecca Owens, Director of Finance
Diane D. Hyatt, Assistant County Administrator
Page 2 of 1
Yes
No
Absent
Ms. Moore
�
❑
❑
Mr. Altizer
�
❑
❑
Mr. Flora
�
❑
❑
Mr. Elswick
�
❑
❑
Mr. Church
�
❑
❑
cc: Dr. Carol Whitaker, Assistant Superintendent of Personnel
Rebecca Owens, Director of Finance
Diane D. Hyatt, Assistant County Administrator
Page 2 of 1
ACTION NO. A- 121311 -5
ITEM NO. E -5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 13, 2011
AGENDA ITEM:
SUBMITTED BY:
Request to grant an additional Christmas Holiday on Friday,
December 23, 2011
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
The Commonwealth of Virginia 2011 Pay and Holiday Calendar states that the State will
close state offices on December 23, 2011, so that State employees' can enjoy an
additional day off with their families.
The County Administrator has asked that the Board of Supervisors grant an additional
holiday to County employees be added to the Agenda as item E., New Business., Item 5.
He is proposing that the County provide to the County employees an additional holiday on
Friday, December 23, 2011. Some employees such as public safety providers and solid
waste collections will continue and that such employees will receive holiday pay in
accordance with County policies.
I respectfully request that the Board of Supervisors amend the agenda and at the
appropriate time vote to grant the additional holiday day on Friday, December 23, 2011.
VOTE:
Supervisor Flora moved to approve the staff recommendation.
Motion approved.
Yes
No
Absent
Ms. Moore
�
❑
❑
Mr. Altizer
�
❑
❑
Mr. Flora
�
❑
❑
Mr. Elswick
�
❑
❑
Mr. Church
�
❑
❑
cc: B. Clayton Goodman III, County Administrator
Rebecca Owens, Director of Finance
Joseph Sgroi, Director of Human Resources
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2011
ORDINANCE 121311 -6 AMENDING CHAPTER 13. - "OFFENSES -
MISCELLANEOUS" PROVIDING FOR AN URBAN ARCHERY DEER
SEASON IN ROANOKE COUNTY
WHEREAS, human /deer conflicts are increasing in Roanoke County and these
conflicts have caused damage to vehicles and personal property; and
WHEREAS, the adoption of local ordinances prohibiting the discharge of firearms
have created large tracts of land that act as sanctuaries for unregulated growth of deer
populations; and
WHEREAS, archery deer hunting is an effective and quiet method for harvesting
deer in urban settings; and
WHEREAS, the Board of Supervisors finds that establishing an urban archery
deer season in Roanoke County would minimize these human /deer conflicts and would
be an effective deer management option;
WHEREAS, the first reading of this ordinance was held on November 15, 2011
and the second reading was held on December 13, 2011.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Article I. -In General of Chapter 13.- Offenses - Miscellaneous be
amended by the addition of a new section, Section 13 -5.5. -Urban archery hunting
season to read and provided as follows:
Section 13 -5.5. -Urban archery hunting season.
Page 1 of 3
Archery deer hunting is permitted within the county limits by licensed hunters
during an approved Virginia Department of Game and Inland Fisheries Urban Archery
Season. In addition to the urban archery season, archery deer hunting is also allowed
during the early archery deer season, the general firearms deer season, and the late
archery deer season. Licensed archery deer hunters must abide by all applicable
sections of the Virginia State Code and Virginia Hunting Regulations (including bag
limits and tagging /checking requirements). It shall be unlawful and a Class 1
misdemeanor for any person, while hunting deer during the county's archery season, to
violate any of the following additional county restrictions:
(a) Any person discharging a bow shall, at all times, while engaged in such
activity, have in his possession written permission from the landowner(s) to
discharge such a weapon on his premises.
(b) No person shall discharge a bow from, over or across any street, sidewalk,
alley, near primary or secondary highways, roadway, or public land or public
place or near a public school and county /town /regional parks within the
County limits or toward any building or dwelling in such a manner that an
arrow may strike it.
(c) No person may discharge a bow unless from an elevated position of at least
ten (10) feet above the ground.
(d) It shall be unlawful for any person to engage in hunting with a bow or to
discharge arrows from bows within one hundred (100) yards of a dwelling
house or occupied building not his or her own. A "bow" includes all
compound bows, crossbows, longbows and recurve bows that have a peak
Page 2of3
draw of less than ten (10) pounds or that are designed or intended to be used
principally as toys. The term "arrow" means a shaft -like projectile intended to
be shot from a bow,
2. That this ordinance shall be full force and effect from and after January 1,
2012.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A COPY TESTS:
Del3erah C. Jacks
Clerk to the Board Supervisors
cc: Paul M. Mahoney, County Attorney
Page 3 of 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 13, 2011
ORDINANCE 121311 -7 APPROVING A NEW INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE COUNTY
OF ROANOKE FOR THE JOINT 800 MHZ PUBLIC SAFETY RADIO
SYSTEM
WHEREAS, the County of Roanoke and the City of Roanoke previously entered
into an Intergovernmental Agreement dated December 17, 1997, for the purpose of
expanding the County's existing 800 MHZ trunked radio communication system ( "the
System ") to serve both the County and the City's fire, police, emergency and other radio
communications needs pursuant to Section 15.2 -1300 of the Code of Virginia (1950), as
amended; and
WHEREAS, that original Intergovernmental Agreement was for a term of fifteen
(15) years and was set to expire in 2012, and said Agreement has been previously
amended in October 2001, September 2005 and October 2009, in connection with
operational details for the System and the FCC rebanding project; and
WHEREAS, the County completed its transition to the digital radio platform in the
fall of 2009 and has subsequently worked cooperatively with the City on the transition of
its public safety channels to the same digital radio technology and
WHEREAS, the implementation of digital radio systems in both jurisdictions
provides for a jointly owned and operated public safety radio system for the enhanced
safety and welfare of the entire Roanoke Valley while continuing the 50/50 cost sharing
arrangement provided for in the original Agreement and its amendments; and
WHEREAS, as a result of the full integration of a joint radio system, the County
and City staff have negotiated a new Intergovernmental Agreement to provide a clear,
Page 1 of 2
description of services, responsibilities, roles, ownership of property and cost of
services to maintain the System as a joint system of the county of Roanoke and the
City of Roanoke under the term of the Agreement; and
WHEREAS, the first reading of this Ordinance was held on November 15, 2011,
and a second reading was held on December 13, 2011
NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Intergovernmental Agreement for the Joint Use of the 800 MHZ
Radio System between the county of Roanoke and the City of Roanoke is
approved.
2. That the County Administrator is hereby authorized to execute the
Intergovernmental Agreement for the Joint Use of the 800 MHZ Radio System
upon such form as approved by the County Attorney.
3. That this Ordinance shall be in effect from and after its adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
� Irlr ftr -mr 5 1%.M 6 0 %W 0 %'W %.ft %"�
Clerk to the Boar of Supervisors
cc: Paul M. Mahoney, County Attorney
Bill Greeves, Director of Communications and Information Technology
Page 2of2
A DOPY TESTE:
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 13, 2011
ORDINANCE 121311 -8 AUTHORIZING CONVEYANCE OF A VARIABLE
WIDTH WATER AND SANITARY SEWER LINE EASEMENT TO THE
WESTERN VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A
PUBLIC RIGHT -OF -WAY KNOWN AS GREEN TREE LANE, SAID RIGHT -
OF -WAY HAVING BEEN DEDICATED TO THE BOARD OF
SUPERVISORS, CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the Western Virginia Water Authority (WVWA) requires an easement
for underground water and sewer lines within the public right -of -way known as Green Tree
Lane to provide water and sewer service to the area, all as shown on the plat entitled
"VARIABLE WIDTH WATER AND SANITARY SEWER EASEMENT EXHIBIT FOR THE
BENEFIT OF THE WESTERN VIRGINIA WATER AUTHORITY, GREEN TREE LANE,
COUNTY OF ROANOKE, VIRGINIA," (Exhibit A) dated 11/7/2011; and
WHEREAS, Green Tree Lane was dedicated in fee simple to Roanoke County by
subdivision plat of Section 9, North Lakes Subdivision, dated February 28, 1972, and
recorded in Plat Book 8, page 15 in the Roanoke County Circuit Court Clerk's Office; and
WHEREAS, the proposed right -of -way will serve the interests of the public and is
necessary for the public health, safety, and welfare of the citizens of Roanoke County.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
A first reading of this ordinance was held on November 15, 2011, and a second reading
was held on December 13, 2011.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Page 1 of 2
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is
hereby made available for other public uses by conveyance to WVWA for the provision of
water service.
3. That donation to WVWA of an easement for underground water and sewer
lines and related improvements, within the easement area designated on the above-
mentioned map, on the County's property known as Green Tree Lane to provide water and
sanitary sewer service to the area is hereby authorized and approved.
4. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
5. That this ordinance shall be effective on and from - the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, Elswick, Church
ABSTAIN: Supervisor Altizer
NAYS: None
A COPY TESTE:
A ngnborah C. Jacks LOOP'
Clerk to the Board of Supervisors
cc: Joe Obenshain, Senior Assistant County Attorney
Arnold Covey, Director of community Development
Tarek Moneir Deputy Director of Development
Philip Thompson, Deputy Director of Planning
Page 2 of 2
W
xa ° a = J�4 LL. •S S •!�� �s� 3 W O
SOW . S� �lfj O w v
xa
0 9
L c) w z ~z
\ W W
�Z�
LL, LLJ
• ��f�fh �N��A� � ` � � � Q W= WE
Z W W a:
0 CL
0 % 4 . (6 II II z �i vq 00 �6 w o vi
AAA `�
�aZ11 II OOG }CC 0 _
\S OTC
.� .O O W H z a W
�ws m O Z z
W
Z o 0 g W W a o
caa�
O CLi 0 0 w
U�OU�g�W
vz3 ��_vW- F-
Q _
LL Le m a W 0 G Z U
� MU zNO�`' m(n
W a a o a
• Z N O O
C � a° Z Y
C =az �2
N M 4 1A tC D U
Z
�
N�'o00h
I
^O
y
\�Z;�r< OJ
Z o�
I
F
�V
�Z
o�
Z
J ^^
J
0 0
0 0
0 0
0 0
�
QO��W
S
p
�
Q ; 0
eFhh�l•0000
�•NN
0 �
0 0
0 0
�
~
•
N
haoh
M
'7
w
W
I
NN�o�ti)
J
m to
h
A
�4
N
N
�
GO
Z
I
Z
m
o
�N",�h�o�ao
1- 4
Z
v
�� N N
p�N�
�
,7VIQL ,Li TV* 3.LV 'Z.SLS—
a iA
N
v
4
0 0
2 ^N
�Q g o
I
?
� �
a� 0
� I
O r j S3
O N 3
Z
O ~
ti
v 0
a Z ^N
in
a
W �
to
� I�
W o Zp'i o
O�
01zz=Z
o0 2 ZO
CL
O
W
xa ° a = J�4 LL. •S S •!�� �s� 3 W O
SOW . S� �lfj O w v
xa
0 9
L c) w z ~z
\ W W
�Z�
LL, LLJ
• ��f�fh �N��A� � ` � � � Q W= WE
Z W W a:
0 CL
0 % 4 . (6 II II z �i vq 00 �6 w o vi
AAA `�
�aZ11 II OOG }CC 0 _
\S OTC
.� .O O W H z a W
�ws m O Z z
W
Z o 0 g W W a o
caa�
O CLi 0 0 w
U�OU�g�W
vz3 ��_vW- F-
Q _
LL Le m a W 0 G Z U
� MU zNO�`' m(n
W a a o a
• Z N O O
C � a° Z Y
C =az �2
N M 4 1A tC D U
— t9 ZZ� OO t fiLN
W,
� O
I
ZC9No
y
\�Z;�r< OJ
I
F
�V
�Z
o�
Z
W
xa ° a = J�4 LL. •S S •!�� �s� 3 W O
SOW . S� �lfj O w v
xa
0 9
L c) w z ~z
\ W W
�Z�
LL, LLJ
• ��f�fh �N��A� � ` � � � Q W= WE
Z W W a:
0 CL
0 % 4 . (6 II II z �i vq 00 �6 w o vi
AAA `�
�aZ11 II OOG }CC 0 _
\S OTC
.� .O O W H z a W
�ws m O Z z
W
Z o 0 g W W a o
caa�
O CLi 0 0 w
U�OU�g�W
vz3 ��_vW- F-
Q _
LL Le m a W 0 G Z U
� MU zNO�`' m(n
W a a o a
• Z N O O
C � a° Z Y
C =az �2
N M 4 1A tC D U
Z
I
Ulm
g o
y
I
F
O O O
�
Z
I
�
F
W = Z
S
I
z
w O O
I•
�O�
\
�
M
'7
w
W
I
I
m
o
1- 4
Z
v
�� N N
p�N�
.e
a iA
N
Q NMI
= N II rj
rl
�Q g o
aki
,96T
m
+
X C—I
Z o N
I
°I
' p � v 0 ' 10
ga
Z 0
W
00
N
0 4-0
N \
Q
Of LLI W = Z
1n' a
00 N w 0
I
W
�
� � O
N y
^ L
I%-
-,ZOV*I A.00,i *.*ZN
L
Z
01
v
o
W o
N
_� ����Za
Qli p� O
II ••o
M
W
L
•
a
z
Q �� o W
o h
Z Z w Q w—
~ W O W
w
� U
O
`
� V p
O Z
(� m Z m
W U- �
LiJ o
J� N
�� m o
�o
p= w O j m
Z 1-4
U C, ci
U)
C ��ZONOc
cli
I
Q L)
CD I
H 0)
Z 4
I
I
= z
�
-,99 "1 ALOO, l f iLN
I
N
'I
p
E--4
m
I'N
S
le t
J co
O _
ap WU�O
W OE
�tIN
m
Q
W
xa ° a = J�4 LL. •S S •!�� �s� 3 W O
SOW . S� �lfj O w v
xa
0 9
L c) w z ~z
\ W W
�Z�
LL, LLJ
• ��f�fh �N��A� � ` � � � Q W= WE
Z W W a:
0 CL
0 % 4 . (6 II II z �i vq 00 �6 w o vi
AAA `�
�aZ11 II OOG }CC 0 _
\S OTC
.� .O O W H z a W
�ws m O Z z
W
Z o 0 g W W a o
caa�
O CLi 0 0 w
U�OU�g�W
vz3 ��_vW- F-
Q _
LL Le m a W 0 G Z U
� MU zNO�`' m(n
W a a o a
• Z N O O
C � a° Z Y
C =az �2
N M 4 1A tC D U
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2011
RESOLUTION 121311 -9 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December 13,
2011, designated as Item I - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 8
inclusive, as follows:
1. Approval of minutes — October 25, 2011; November 15, 2011
2. Resolution establishing a meeting schedule for the Board of Supervisors of
Roanoke County for calendar year 2012
3. Request to accept and appropriate funds in the amount of $8,003 to the Sheriff's
Office from State Criminal Alien Assistance Program (SCARP), approved by the
Department of Justice, Bureau of Justice Assistance
4. Confirmation of appointments to the Library Board (appointed by District) and
the Roanoke Valley Convention and Visitors Bureau Board of Directors
(appointed by the County Administrator)
5. Request for authorization to negotiate a contract for a construction project where
the lowest bid is within ten percent (10 %) of available funds — Glenvar Library
Construction
6. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Blas Cotto, Custodian, upon his retirement after more than six (6)
years of service
Page 1 of 2
On motion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A COPY TESTE:
- - KLa
borah C. Jacks �/
Clerk to the Board of Supervisors
Page 2of2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2012
RESOLUTION 121311 -9.a ESTABLISHING A MEETING SCHEDULE
FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR
CALENDAR YEAR 2012
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That for calendar year 2012, the regular meetings of the Board of
Supervisors of Roanoke County, Virginia, are set forth below with public hearings
scheduled for 7:00 p.m. unless otherwise advertised.
Tuesday, January 10, 2012 at 3 pm
Tuesday, January 24, 2012 at 3 pm and 7 pm
Tuesday, February 14, 2012 at 3 pm
Tuesday, February 28, 2012 at 3 pm and 7 pm
Tuesday, March 13, 2012 at 3 pm
Tuesday, March 27, 2012 at 3 pm and 7 pm
Tuesday, April 10, 2012 at 3 pm
Tuesday, April 24, 2012 at 3 pm and 7 pm
Tuesday, May 8, 2012 at 3 pm
Tuesday, May 22, 2012 at 3 pm and 7 pm
Tuesday, June 12, 2012 at 3 pm
Tuesday, June 26, 2012 at 3 pm and 7 pm
Tuesday, July 10, 2012 at 3 pm
Tuesday, July 24, 2012 at 3 pm and 7 pm
Tuesday, August 14, 2012 at 3 pm
Tuesday, August 28, 2012 at 3 pm and 7 pm
Tuesday, September 11, 2012 at 3 pm
Tuesday, September 25, 2012 at 3 pm and 7 pm
Page 1 of 2
Tuesday, October 9, 2012 at 3 pm
Tuesday, October 23, 2012 at 3 pm and 7 pm
Tuesday, November 13, 2012 at 3 pm and 7 pm
Tuesday, December 11, 2012 at 3 pm
2. That the organizational meeting for 2013 shall be held on Tuesday,
January 8, 2013, at 2:00 p.m.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A CGPY TESTS:
cc: Paul M. Mahoney, county Attorney
Page 2 of 2
Clerk to the Board of Supervisors
ACTION NO. A- 121311 -9.b
ITEM NO. 1 -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
December 13, 2011
Request to accept and appropriate funds in the amount of
$8,003 to the Sheriff's Office from State Criminal Alien
Assistance Program (SCARP), approved by the Department of
Justice, Bureau of Justice Assistance
Michael G. Winston
Sheriff
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Sheriff's Office has received approval for a grant, which provides funds from the
Department of Justice - Bureau of Justice Assistance. This program will provide funds to
purchase audio and visual equipment for training purposes.
FISCAL IMPACT:
This grant requires no match.
STAFF RECOMMENDATION:
Staff recommends accepting and appropriating the SCARP grant from the Department of
Justice in the amount of $8,003 to the Sheriff's Office.
Page 1 of 2
VOTE:
Supervisor Altizer moved to approve the staff recommendation.
Motion approved.
cc: Michael G. Winston, Sheriff
Rebecca Owens, Director of Finance
Page 2 of 2
Yes
No
Absent
Ms. Moore
�
❑
❑
Mr. Altizer
�
❑
❑
Mr. Flora
�
❑
❑
Mr. Elswick
�
❑
❑
Mr. Church
�
❑
❑
cc: Michael G. Winston, Sheriff
Rebecca Owens, Director of Finance
Page 2 of 2
ACTION NO. A- 121311 -9.c
ITEM NO. 1 -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
December 13, 2011
Confirmation of appointment to theLibrary Board (appointed by
District) and the Roanoke Valley Convention and Visitors
Bureau Board of Directors (appointed by the County
Administrator)
Deborah C. Jacks
Clerk to the Board
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Library Board
Chairman Church has reappointed Diana Beamer to represent the Catawba Magisterial
District for a four -year term, which will expire on December 31, 2015. Confirmation of
the appointment has been placed on the Consent Agenda.
Supervisor Elswwick has reappointed Sarah McClure to represent the Windsor Hills
District for a four -year term, which will expire on December 31, 2015. Confirmation of
the appointment has been placed on the Consent Agenda.
2. Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed by
the County Administrator)
B. Clayton Goodman III has appointed Douglas Blount to fulfill Thomas A. "Pete"
Haislip's term. Mr. Bount's term will expire on June 30, 2012. Ratification of the
appointment has been placed on the Consent Agenda.
Page 1 of 2
VOTE:
Supervisor Altizer moved to approve the staff recommendation.
Motion approved.
cc: Doug Blount, Associate Director of Parks, Recreation and Tourism
Page 2 of 2
Yes
No
Absent
Ms. Moore
�
❑
❑
Mr. Altizer
�
❑
❑
Mr. Flora
�
❑
❑
Mr. Elswick
�
❑
❑
Mr. Church
�
❑
❑
cc: Doug Blount, Associate Director of Parks, Recreation and Tourism
Page 2 of 2
ACTION NO. A- 121311 -9.d
ITEM NO. 1 -5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 13, 2011
AGENDA ITEM: Request for authorization to negotiate a contract for a
construction project where the lowest bid is within ten percent
(10 %) of available funds — Glenvar Library Construction
SUBMITTED BY: Daniel R. O'Donnell
Assistant County Administrator
APPROVED BY: B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Bids for construction of the Glenvar Library were submitted and opened on December 1,
2011. We received a total of eight (8) bids. All of the bids were over the funds available for
the construction portion of the project, but the lowest bid was only approximately six
percent (6 %) over available funds.
Sec. 2.2 -4318 of the Code of Virginia authorizes negotiations with the lowest responsible
bidder, and provides as follows:
§ 2.2 -4318. Negotiation with lowest responsible bidder.
Unless canceled or rejected, a responsive bid from the lowest responsible
bidder shall be accepted as submitted, except that if the bid from the lowest
responsible bidder exceeds available funds, the public body may negotiate
with the apparent low bidder to obtain a contract price within available funds.
However, the negotiation may be undertaken only under conditions and
procedures described in writing and approved by the public body prior to
issuance of the Invitation to Bid and summarized therein.
Consistent with State Code, the County's "Procurement Policy & Procedures Manual" in
Section 7.1 provides as follows:
Page 1 of 3
7.1 A contract shall be awarded with reasonable promptness, by written
notice to the lowest responsible bidder whose bid meets the requirements
and criteria set forth in the invitation for bids. In the event all bids for a
construction project exceed available funds and the lowest responsive and
responsible bid does not exceed such funds by more than ten (10) percent,
the Board of Supervisors may authorize, when time or economic
considerations preclude re- solicitation of work of a reduced scope,
negotiations of an adjustment of the bid price with the lowest responsive and
responsible bidder in order to bring the bid within the amount of available
funds.
A summary of the above language was included in the bid documents forwarded to all
bidders as required by State code.
The architect believes that it will be very possible to negotiate with the lowest bidder to
bring the construction cost in line with the project budget, without negatively impacting the
design or amenities included therein. This would result in the project remaining on
schedule and within the budgeted costs.
Alternatives
There are three alternatives possible:
1) Authorize staff and project architect to negotiate with the lowest responsible bidder to
bring the building construction costs within the amount of funds allocated. The result of
a successful negotiation would result in the project being on time and within budget.
2) Reject all bids, redesign and rebid the project. This alternative would delay the project,
increase temporary storage costs and temporary library rental costs and not allow the
project to stay on schedule. Also there is no way to be absolutely certain a rebid would
result in the project coming in under budget.
3) Request that the Board of Supervisors appropriate additional funds resulting in the
project going over the original budget. Due to current budgetary and economic
conditions and additional source of funds has not been identified.
Staff Recommendation
Staff recommends Alternative One, authorizing the staff and project architect to negotiate
with the lowest responsible bidder to bring the building construction costs within the
amount of funds allocated for the project.
Fiscal Impact
There would be no negative fiscal impact if a successful agreement is negotiated.
Page 2 of 3
VOTE:
Supervisor Altizer moved to approve the staff recommendation.
Motion approved.
cc: Daniel R. O'Donnell, Assistant County Administrator
Page 3of3
Yes
No
Absent
Ms. Moore
�
❑
❑
Mr. Altizer
�
❑
❑
Mr. Flora
�
❑
❑
Mr. Elswick
�
❑
❑
Mr. Church
�
❑
❑
cc: Daniel R. O'Donnell, Assistant County Administrator
Page 3of3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2011
RESOLUTION 121311 -9.e EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BLAS COTTO,
CUSTODIAN, UPON HIS RETIREMENT AFTER MORE THAN SIX (6)
YEARS OF SERVICE
WHEREAS, Blas Cotto was hired on October 15, 2005 as a Custodian; and
WHEREAS, Mr. Cotto retired on December 1, 2011, after six years and one month
of devoted, faithful and expert service with the County; and
WHEREAS, during his time serving Roanoke County, Mr. Cotto always exhibited an
attitude of friendliness, care, respect and consideration of coworkers and others; and
WHEREAS, Mr. Cotto was dedicated to the employees working in the Roanoke
County Public Safety Center and will be greatly missed by them; and
WHEREAS, Mr. Cotto was a dedicated and reliable employee who often assisted
others in performing their job duties;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to BLAS COTTO for more than six (6) years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Page 1 of 2
0n motion of S. u pervisor Altize r to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, church
NAYS: None
A COPY TESTS:
Deborah C. Jack
Clerk to the Boara
of Supervisors
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2011
RESOLUTION 121311-10 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH ~rHE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2 --3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Chairman Church to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
Clerk to the Board of
pervisors
A COPY TESTS:
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 13, 2011
RESOLUTION 121311 -11 OF CONGRATULATIONS TO THE NORTHSIDE
HIGH SCHOOL BASEBALL TEAM FOR WINNING THE VIRGINIA HIGH
SCHOOL LEAGUE (VHSL) 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 Northside High School baseball team won its first Group AA State
Championship this year, beating Tunstall4 -0 on June 11, 2011, at Radford University; and
WHEREAS, Northside High School won the VHSL Group AA Region III
Championship on June 10, 2011, at Calfee Park in Pulaski, by defeating York by 6 to 4;
and
WHEREAS, the Northside Vikings earned their first trip to a State championship
game by defeating Cave Spring High School in the Group AA semifinal game by 12 to 11;
and
WHEREAS, the Northside Vikings finished their season with an outstanding regular
season record of 14 wins and 6 losses and a final record of 21 wins and 8 loses; and
WHEREAS, the Vikings are under the dedicated leadership of Head Coach Ed
Culicerto and Assistant Coaches Ben Creasy, Patrick Weddle, Jimmy Winterer, Kelly
Dampeer, Stan Adams, David Culicerto, Aden Martin and Score Keeper Jim Wolfe.
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
NORTHSIDE HIGH SCHOOL BASEBALL TEAM: Tray Bayse, Sam Carruthers, Matt
Culicerto, Todd Dunbar, Tyler Fisher, Tyler Goodman, Jonathan Hale, Zach Hamilton,
Page 1 of 2
Adam Hardister, Cory Lewis, Parker Linden, Lucas Nowlin, Ben Plunkett,Tyler
Rowsey, Logan Stanley, Brett Tuck and Tyler Wolfe,
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 joint motion of Chairman Church and Supervisor Flora to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A COPY TESTS:
S110 f-
Deborah C. Jacks
Clerk to the Board o
Supervisors
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 13, 2011
ORDINANCE 121311 -12 REZONING 13.7 ACRES FROM AR,
AGRICULTURAL /RESIDENTIAL DISTRICT, TO AV, AGRICULTURAL/
VILLAGE CENTER DISTRICT, FOR PRIMARY /SECONDARY
EDUCATIONAL FACILITIES AND GENERAL OFFICE USE AND TO
OBTAIN A SPECIAL USE PERMIT FOR A CONVENIENCE STORE
LOCATED AT 9651 BENT MOUNTAIN ROAD, WINDSOR HILLS
MAGISTERIAL DISTRICT (TAX MAP NO. 103.00 -02- 21.00), UPON THE
APPLICATION OF GLENN REED
WHEREAS, the first reading of this ordinance was held on September 27, 2011, and
the second reading and public hearing were held December 13, 2011; and,
WHEREAS, the Roanoke County Planning Commission held public hearings on this
matter on October 4, 2011 and December 5, 2011; 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 Board finds that the granting of a special use permit to Glenn Reed
for a convenience store located at 9651 Bent Mountain Road in the Windsor Hills
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.
2. That the zoning classification of a certain tract of real estate containing
approximately 13.7 acres, as described herein, and located at 9651 Bent Mountain Road
(Tax Map Number 103.00 -02- 21.00) in the Windsor Hills Magisterial District, is hereby
changed from the zoning classification of AR, Agricultural /Residential District, to the zoning
Page 1 of 3
classification of AV, Agricultural/Village Center District.
3. That this action is taken upon the application of Glenn Reed.
4. That the owner of the property has voluntarily proffered in writing the following
condition which the Board of Supervisors of Roanoke county, Virginia, hereby accepts:
(1) The site shall be developed in substantial conformance with the
site plan prepared by Pierson Engineering and Surveying, dated
November 28, 2011, and the architectural renderings prepared by
Interactive Design Group dated July 18, 2011.
5. That said real estate is more fully described as follows:
Being 13.7 acres of real estate located at 0051 Bent Mountain Road and further
described as Tax Map No. 103.00 - 0221.00.
6. That this ordinance shall be in hall 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 Elswickto adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, church
NAYS: None
Clerk to the Board o
cc: Arnold covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
Philip Thompson, Deputy Director of Planning
upervisors
Page 2 of 3
A COPY TESTS:
William Driver, [director of Real Estate Valuation
Paul Mahoney, County Attorney
John Murphy, Zoning Administrator
Page 3 of 3
AT A REGULAR MEETING OF THE BORAD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER, 2011
ORDINANCE 121311 -13 DECLARING 5915 GARNER ROAD IN
ROANOKE, VIRGINIA (TAX MAP 86.20 -02- 05.00) AS BLIGHTED;
AUTHORIZING SPOT BLIGHT ABATEMENT; AND APPROPRIATION
OF FUNDS
WHEREAS, Section 36- 49.1:1 of the State Code authorizes any locality to
acquire or repair any blighted property by purchase or through the exercise of the power
of eminent domain; and
WHEREAS, the locality shall have the power to recover the costs of any repair or
disposal of such property from the owner; and
WHEREAS, the Chief Building Official of Roanoke County has determined that
5915 Garner Road in Roanoke, Virginia, is blighted and has provided the owner of this
property with notice as required by law; and
WHEREAS, the Chief Building Official has determined that this residential
structure endangers the public's health, safety or welfare because this structure is
dilapidated, deteriorated, or violates minimum health and safety standards; and
WHEREAS, the Chief Building Official recommends that the Board consider the
acquisition or repair of this blighted property under the "spot blight" process; and
WHEREAS, the first reading of this ordinance was held on November 15, 2011;
and the second reading and public hearing was held on December 13, 2011.
NOW, THEREFORE, BE IT ORDAINED as follows:
1. That the Board of Supervisors of Roanoke County declares 5915 Garner
Road (Tax Map No. 86.20 -02- 05.00) as blighted as authorized by Section 36- 49.1:1 of
the State Code.
Page 1 of 2
2 . That the spot blight abatement plan for the repair of this property is hereby
approved.
3. That the sum of Ten Thousand Dollars ($10,000) be appropriated from the
Board of Supervisor's contingency fund to remove the dilapidated carport structure and
to install a new roof on the main structure.
4. That the County Administrator or his designee is authorized to take such
actions and execute such documents as may be necessary to implement the spot blight
abatement plan to repair this property and to recover the costs of any repair or disposal
of this property from the owner or owners of record, including placing a lien on this
property bearing interest at the legal rate of interest and recording this lien among the
land records of the Circuit Court of Roanoke County.
5. That this ordinance is effective from and after the date of its adoption.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A COPY TESTS:
Cc: Paul Mahoney, county Attorney
Arnold Covey, Director of Community Development
Tarek Moneir, Deputy Director of Development
Philip Thompson, Deputy Director of Planning
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 13, 2011
ORDINANCE 121311 -14 ESTABLISHING A SPECIAL ASSESSMENT
FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY
REGARDING THE FINANCING OF CERTAIN PUBLIC
INFRASTRUCTURE IMPROVEMENTS
WHEREAS, the Board of Supervisors (the "Board ") of Roanoke County, Virginia
(the "County "), in accordance with the provisions of Article 6, Chapter 51, Title 15.2 of
the Code of Virginia of 1950, as amended (the "CDA Act "), created the South Peak
Community Development Authority (the "CDA ") by Ordinance enacted August 24, 2010
(the "Ordinance "); and
WHEREAS, pursuant to Section 15.2- 5158.A.5. of the CDA Act, the Board has
the power to establish a special assessment on property within the CDA District; and
WHEREAS, the Board has previous approved a certain agreement with Slate Hill
I, LLC, a Virginia limited liability company, as owner and developer of the land within the
CDA (the "Developer ") pursuant to a Memorandum of Understanding dated the 1 St day
of February, 2011 (the "Memorandum of Understanding "); and
WHEREAS, the Board has previously approved a certain agreement with the
CDA and the Developer pursuant to a Development, Acquisition and Financing
Agreement (the "Development Agreement "); and
WHEREAS, the CDA proposes to issue its bonds in an initial series (the "Bonds ")
to finance a portion of the public infrastructure improvements benefiting the CDA District
as described in more detail in the Memorandum of Understanding and Development
Agreement; and
Page 1 of 3
WHEREAS, the establishment of a special assessment on property within the
CDA District and the actions contemplated by the Memorandum of Understanding and
Development Agreement will benefit the citizens of the County by promoting increased
employment opportunities, a strengthened economic base and increased tax revenues
and additional business opportunities; and
WHEREAS, the first reading of this ordinance was held on November 15, 2011
and the second reading and public hearing was held on December 13, 2011, after
notice published as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA:
1. Special Assessment By agreements between the Developer and the
Board pursuant to the Memorandum of Understanding and the Development
Agreement, special assessments to pay the costs of public improvements to benefit
property within the CDA District are hereby established and apportioned in accordance
with the Rate and Method of Apportionment of Special Assessments ( "RMA ") in
substantially the form presented to the Board at this meeting. The CDA Board is
authorized to approve or to provide for the approval of a Special Assessment Roll
allocating the special assessment among the tax parcels within the CDA District in
accordance with the RMA. The CDA shall cause notice of the special assessments to
be reported to the County's Treasurer or other County official responsible for the
collection of taxes. The special assessments shall be liens on the taxable real property
in the CDA District in accordance with the provisions of Virginia Code Sections 15.2-
2404 et seq. In accordance with Virginia Code Section 58.1- 3965.2 the Board of
Page 2of3
Supervisors hereby provides that if any special assessment levied pursuant to this
ordinance is delinquent, proceedings for the sale of the real property subject to such
special assessment are authorized to be instituted on the first anniversary date on
which the special assessment became due to the extent provided under Section 58.1-
3985.2.
2. SeverabilitV If any part, section, clause or phrase of this Ordinance, or
any individual assessment levied hereby, is declared to be unconstitutional or invalid for
any reason, such decision shall not affect the validity of any other portion hereof or
assessment hereunder.
3. Effective Date This Ordinance shall be effective immediately.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
A COPY TESTS:
ueporan t;. Jar+
Clerk to the Bo
Cc: Paul Mahoney, county Attorney
B. Clayton Goodman III, county Administrator
Diane D. Hyatt, Assistant County Administrator
Daniel R. O'Donnell, Assistant County Administrator
Supervisors
Page 3of3