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3/27/2012 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OR ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 RESOLUTION 032712 -1 OF CONGRATULATIONS TO THE HIDDEN VALLEY HIGH SCHOOL BOYS SWIM TEAM 200 MEDLEY RELAY FOR WINNING THE 2012 VIRGINIA HIGH SCHOOL LEAGUE (VHSL) STATE GROUP A /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 Hidden Valley High School Boys Swim Team 200 Medley Relay won the 2011 Virginia High School League State Group A/AA Championship on February 11, 2012, at the Christiansburg Aquatic Center with a time of 1:37.80; and WHEREAS, this is the third consecutive Titan boys State championship for the 200 Medley Relay Team; and WHEREAS, the Titans are coached by Sheri Vaughn. 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 HIDDEN VALLEY HIGH SCHOOL BOYS 200 MEDLEY RELAY SWIM TEAM: Lucas Otruba; Peter D'Ortenzio, Jacob Gibbs and Ben Schmidt for winning the 2012 VHSL State Group A /AA Championship; 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. Page 1 of 2 On motion of Supervisor Elswick to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TES "rE: Deborah 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, TUESDAY, MARCH 27, 2012 RESOLUTION 032712 -2 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FISCAL YEAR 2012 -2013 UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.13 of the Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 20, 2012, a copy of which is on file in the office of the Clerk of the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the fiscal year 2012 -2013 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the fiscal year 2012 -2013 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 20 2012, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. Page 1 of 2 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church, Flora NAYS: None A COPY TESTE: Deborah C. Jacks (,/ Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Jacqueline Shuck, Executive Director, Roanoke Regional Airport Stephanie Moon, Clerk, Roanoke City Council 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, MARCH 27, 2012 RESOLUTION 032712 -3 SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN ROANOKE COUNTY FOR THE 2012 TAX YEAR WHEREAS, in accordance with the requirements set forth in Section 58.1 -3524 (C) (2) and Section 58.1 -3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA ") of Chapter 951 of the 2005 Acts of Assembly and qualifying vehicle with a taxable situs within the County commencing January 1, 2012, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 122005 -10 adopted by the Board of Supervisors on December 20, 2005. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That tax relief shall be allocated so as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001 - $20,000 will be eligible for 65.54% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 65.54% tax relief on the first $20,000 of value; and 4. That all other vehicles which do not meet the definition of qualifying (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. Page 1 of 2 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to Roanoke County by the commonwealth of Virginia. 5. Supplemental assessments for tax years 2005 and prior shall be deemed non - qualifying for purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the assessed personal property tax. 7. That this Resolution shall be effective from and after the date of its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church, Flora NAYS: None A COPY TESTS: bebo'kah C. Jacks Clerk to the Board of Supervisors cc: Rebecca Owens, Director of Finance Paul Mahoney, County Attorney Kevin Hutchins, Treasurer Nancy Horn, Commissioner of the Revenue Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 RESOLUTION 032712 -4 GRANTING A WAIVER TO THE AMERICAN CANCER SOCIETY AND RELAY FOR LIFE OF VINTON UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. "NOISE" OF CHAPTER 13. "OFFENSES- MISCELLANEOUS" WHEREAS, Relay For Life of Vinton, a fundraiser for the American Cancer Society, will be holding its annual overnight Relay For Life event at William Byrd High School for the Town of Vinton, Roanoke County, and the general public on Friday, April 20 2012, from 6:00 p.m. to Saturday, April 21, 2012, at 7:00 a.m.; and WHEREAS, Relay for Life is held overnight to represent the journey of a cancer patient, and stress that cancer continues to exist even when the sun has set. In order to accommodate this atmosphere and bring the community together in the fight against cancer, American Cancer Society and Relay For Life of Vinton are requesting a waiver of the Roanoke County noise ordinance from 6:00 p.m. on Friday, April 20, 2012 to 7:00 a.m. on Saturday, April 21, 2012; and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County noise ordinance to avoid undue hardship upon consideration of certain factors set forth in sub - section (b) of Section 13 -23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the provisions of Section 13 -21. Specific acts as noise, sub- section (5) and Section 13 -20. General prohibition of Article II. Noise be waived from 6:00 p.m., April 20, 2012, to 7:00 a.m., April 21, 2012. 2. That this waiver is granted specifically to The American Cancer Society and Relay for Life of Vinton for the Relay for Life fundraiser at William Byrd High School on April 20-21, 2012. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CQPY TESTS: Deborah C. Jacks Clerk to the Board o Supervisors cc: Paul M. Mahoney, County Attorney Page 2 of 2 ACTION NO. A- 032712 -5 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: March 27, 2012 AGENDA ITEM: Request for approval of agreements between the County of Roanoke and the Western Virginia Water Authority for use of space on tower sites for meter reading radio equipment SUBMITTED BY: Anne Marie Green Director of Department of General Services APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Western Virginia Water Authority has requested permission to install equipment on the County's Twelve O'clock Knob and Ft. Lewis Mountain towers for radio equipment required for implementation of the new remote meter reading system which the Board was briefed about at its March 13, 2012, meeting. Currently, the Water Authority bills on an estimated basis, actually reading the meters every sixty (60) days. This process is labor intensive, uses a considerable amount of fuel to reach all customers, and is only ninety percent (90 %) accurate. The new system will allow meters to be read continually, so the Authority will be able to bill customers accurately on a monthly basis, monitor unusual usage situations where there may be leakage and is ninety -eight percent (98 %) accurate. It will save money and reduce environmental impact, since manual reading from vehicles will no longer be required. The system requires that radio equipment be placed at various locations around the Roanoke Valley, and two of these sites are Twelve O'clock Knob and Ft. Lewis Mountain. The County's towers at those two sites are used for the public safety radio system and this use would be compatible with that function. The Water Authority will reimburse the County for the additional electricity and maintenance expenses at the two sites in the amount of $250 /month for the Twelve O'clock Knob site and $100 /month for the Ft. Lewis site. The Page 1 of 2 increased cost for Twelve O'clock Knob includes maintenance for the access road; the Water Authority has a separate access easement with a private citizen for Ft. Lewis. Installation of the equipment as outlined above will allow the Western Virginia Water Authority to provide more accurate billing and service to its customers, the businesses and residents of the Roanoke Valley. FISCAL IMPACT: Roanoke County will receive $4,200 per year as reimbursement for utilities and operating costs involved in use of the county's tower structures. STAFF RECOMMENDATION: Staff recommends approval of the agreements between the County of Roanoke and the Western Virginia Water Authority. Staff further recommends that the Board authorize the County Administrator or his designee to execute the necessary documents, on forms approved by the County Attorney's Office. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Anne Marie Green, Director of General Services Bill Greeves, Director of Information Technology Rebecca Owens, Director of Finance Gary Robertson, Western Virginia Water Authority Page 2 of 2 Yes No Abstain Ms. Moore 1:1 Mr. Altizer ❑ ❑ � Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Anne Marie Green, Director of General Services Bill Greeves, Director of Information Technology Rebecca Owens, Director of Finance Gary Robertson, Western Virginia Water Authority Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OR ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 RESOLUTION 032712 -6 ADOPTING A REVISED SCHEDULE OF AMBULANCE TRANSPORT FEES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of Supervisors enacted a Fee for Services ordinance as an addition to the Roanoke County Code on May 22, 2001, which established the legal structure for providing emergency medical transport and accompanying fees as provided for by the Code of Virginia; and WHEREAS, Section 2 -131 of this ordinance, contained in Chapter 2 Administration of the Roanoke County Code, provides that the Board of Supervisors, by resolution, may establish reasonable fees for the provision of emergency medical services by all emergency medical service personnel, whether provided by volunteers or public employees, upon the recommendation of the County Administrator and the Chief of Fire and Rescue; and WHEREAS, the Board of Supervisors adopted a resolution on August 14, 2001 which resolution was revised on March 26, 2002; by Resolution 032602 -2; March 25, 2003; by Resolution 032503 -8; March 8, 2005; by Resolution 030805 -3; on August 14, 2007 by Resolution 081407 -6, and on May 25, 2010 by Resolution 052510 -3 upon the joint recommendation of the County Administrator and the Chief of Fire and Rescue for the establishment of reasonable fees for the provision of various levels of emergency medical services, including mileage fees for vehicles; and WHEREAS, the U. S. Department of Health and Human Services has issued regulations, effective April 1, 2002, which establish a fee schedule for the payment of Page 1 of 3 ambulance services under the Medicare program based upon specific codes or categories of ambulance services which must be complied with to receive Medicare reimbursements. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The fees which shall be charged by the County of Roanoke for the following described emergency medical services provided by the Roanoke County owned, operated, funded, housed or permitted emergency vehicles shall be as follows: Advance Life Support (ALS) 1 Emergency $425.00 Advance Life Support (ALS) 2 Emergency $650.00 Basic Life Support (BLS) Emergency $375.00 Mileage (loaded) $11.00 2. No recipient of ambulance services who cannot afford to pay the ambulance transport fees will be required to do so. 3. This resolution shall be in full force and effect on and after April 1, 2012. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church, Flora A SPY TESTE: Deborah C. Jacks I Clerk to the Board of S pervisors Page 2of3 cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 ORDINANCE 032712 -7 AMENDING SECTION 23 -3.4. "STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENTS" OF CHAPTER 23. "STORMWATER MANAGEMENT" OF THE ROANOKE COUNTY CODE WHEREAS, the Board of Supervisors finds that many storm water detention facilities are not being maintained and that this poses a threat to public health and safety; and WHEREAS, the Board of Supervisors finds that many homeowners' associations are not notified of their maintenance responsibilities by developers; and WHEREAS, the Board finds that measures to insure maintenance of such facilities such as notification, bonding or other forms of security would alleviate many of these maintenance failures; and WHEREAS, this ordinance has been developed with the assistance and recommendations of the Roanoke Regional Home Builders Association; and WHEREAS, this ordinance is authorized by the Virginia Stormwater Management Law in Title 10.1 of the Code of Virginia; and WHEREAS, the first reading of this ordinance was held on September 13, 2011 the public hearing was held on January 24, 2012, and the second reading was held on March 27, 2012. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follow: 1. That Section 23 -3.4. of Chapter 23. Stormwater Management be amended to read and provide as follows: Page 1 of 4 Sec. 23 -3.4. — Stormwater management facility maintenance agreements. Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the permittee or owner of the site must execute an access easement agreement and a formal maintenance covenant that shall be binding on all subsequent owners of land served by the stormwater management faci I ity. (1) Access easement agreement. a. The access easement agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the county, or their contractor or agent, and for regular assessments of land owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement agreement shall be recorded by the county in the land records. b. When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the county shall be authorized to enter any public or private property at any reasonable time for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter. (2) Maintenance covenants. a. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by county and recorded into the land record prior to final plan approval. The covenant shall identify by name or official title the person(s) responsible for carrying out the maintenance. b. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each land owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. C. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper Page 2 of 4 performance of the facility between scheduled maintenance and should also include "failure to maintain" provisions. d. In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the county reserves the authority to perform the work and to recover the costs from the land owner. (3) Release of Performance Security: a. Prior to the release of the performance security or bond provided in Sec. 23 -3.5 the developer shall either (1) Transfer the Maintenance Responsibilities of the SWM facility to the HOA or (2) provide the County with a Maintenance Security. 1. Requirements for Transfer of Maintenance Responsibilities to the HOA i. Request and Pass a final inspection of the SWM facility by county staff. ii. Transfer the necessary property to the HOA iii. Provide the County with a copy of the recorded documents establishing the HOA iv. Provide the County with evidence that the HOA is funded. Minimum funding shall be based on the following schedule: 1 -20 lots = $1 21 -50 lots = $1 51 and over = $1500 + 30 per lot v. Request a meeting with the county and HOA. 2. Requirements for Posting Maintenance Security. i. The county shall require a maintenance guaranty in the amount of twenty (20 %) percent of the construction costs of the SWM Facility. ii. The maintenance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. iii. If the county takes such action upon such failure by the permittee, the county may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of the security held. iv. The maintenance covenant and security will be the responsibility of the permittee or owner until such time as the permittee or owner provides the county with the necessary requirements for Transfer of Maintenance Responsibilities to the HOA as outlined above in (1). 2. That this ordinance shall be in full force and effect from and after its adoption. Page 3 of 4 On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Paul Mahoney, County Attorney Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 RESOLUTION 032712 -8 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 March 27, 2012, 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 4 inclusive, as follows: 1. Approval of minutes — February 14, 2012; February 28, 2012 2. Confirmation of appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) (appointed at large); Economic Development Authority (appointed at large) 3. Resolution dedicating as right -of -way for public use a portion of property owned by the Roanoke County Board of Supervisors, tax parcel #038.10 -01 -01 4. Resolution requesting acceptance of Castle View Court into the Virginia Department of Transportation Secondary System On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None r upervisors Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 ORDER 032712 -10 SETTING THE TAX LEVY ON PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2012 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve -month period beginning January 1, 2012, and ending December 31, 2013, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding that class of personal property generally designated as machinery and tools as set forth in Section 58.1 -3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of household goods and personal effects as are defined in Sections 58.1 -3504 and 58.1 -3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1 -3500, 58.1 -3501, 58.1 -3502, 58.1 -3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592- 11, and generally designated as Motor Vehicles for Disabled Veterans. 3. That the levy for the twelve -month period beginning January 1, 2012, and ending December 31, 2012, be, and hereby is, set at fifty (50 %) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1- Page 1 of 2 3566 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. On motion of Supervisor Flora to adopt the order, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A C Y TESTS: f6eboi'ah C. Jacks Clerk to the Board of Supervisors cc: W. Brent Robertson, Director of Management and Budget Rebecca Owens Director of Finance Kevin Hutchins, Treasurer Nancy Horn, Commissioner of - the Revenue Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 ORDER 032712 -11 SETTING THE TAX LEVY ON A CLASSIFICATION aw OF PERSONAL. PROPERTY - MACHINERY AND TOOLS - SI'T'UATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2012 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3507 of the 1 050 code of Virginia, as amended, and generally designated as machinery and tools. 2. That the levy for the twelve -month period beginning January 1, 2012, and ending December 31, 2012, be, and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1 -3507 of the 1050 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Church to adopt the order, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, church NAYS: None A COPXlTESTE: Deborah C. Jacks' Clerk to the Board 0 /Supervisors Page 1 of 2 cc: W. Brent Robertson, Director of Management and Budget Rebecca Owens Director of Finance Kevin Hutchins, Treasurer Nancy Horn, Commissioner of the Revenue 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, MARCH 27, 2012 ORDINANCE 032712 -12 DENYING A SPECIAL USE PERMIT TO THE WESTERN VIRGINIA WATER AUTHORITY FOR A MAJOR UTILITY SERVICE IN AN R -1, LOW DENSITY RESIDENTIAL, DISTRICT, THE MAJOR UTILITY SERVICE INVOLVES THE CONSTRUCTION OF A STANDPIPE WATER TANK APPROXIMATELY 102 FEET IN HEIGHT ON 0.51 ACRE, LOCATED AT 4968 NORTHRIDGE LANE (TAX MAP NUMBER 037.06 -01- 76.00- 0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority has filed a petition for a special use permit for a major utility service in an R -1, Low Density Residential, District, which involves the construction of a standpipe water tank approximately 102 feet in height on 0.51 acre, located at 4968 Northridge Lane (Tax Map Number 037.06 -01- 76.00 - 0000) Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 6, 2012; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 28, 2012; the second reading and public hearing on this matter was held on March 27, 2012. 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 the Western Virginia Water Authority for a major utility service in an R -1, Low Density Residential, District which involves the construction of a standpipe water tank approximately 102 feet in height on 0.51 acre, located at 4968 Northridge Lane (Tax Map Number 037.06 -01- 76.00- 0000), Catawba Magisterial District, is substantially in Page 1 of 3 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: a) The site shall be developed in substantial conformity with the concept plan entitled "Western Virginia Water Authority Loch Haven Tank Site" dated December 23, 2011. b) The proposed water tank shall not exceed a height of 102 feet. c) Screening and buffering requirements for this site shall include the existing vegetation, modified to construct the proposed water tank, and the existing fencing. d) There shall be no signage on the water tank except for the manufacturer's or installer's identification and appropriate warning signs and placards. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. 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, the motion failed on the following roll call and recorded vote and the adoption of the ordinance was denied. AYES: Supervisors Moore, Flora NAYS: Supervisors Church, Elswick ABSTAIN: Supervisor Altizer Page 2of3 A COPY TESTS: Deborah C. Jack Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney Page 3of3 ACTION NO. A- 032712 -8.a ITEM NO. 1 -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 27, 2012 AGENDA ITEM: Confirmation of appointments to the Building Code Board of Adjustments (Fire Code Board of Appeals) (appointed at large); Economic Development Authority (appointed at large) SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments (Fire Code Board of Appeals) (appointed at large): During closed session on February 28, 2012, the Board asked the Clerk to contact the following to see if they would be interested in serving an additional term: David Jones, term to expire April 27, 2012 Richard Evans, term to expire April 13, 2012 Both gentlemen have agreed to serve an additional four year term to expire as follows: David Jones — April 27, 2016 Richard Evans —April 13, 2016 2. Economic Development Authority (appointed at large): During the closed meeting on February 28, 2012, Supervisor Elswick recommended the appointment of Ssunny Shah to represent the Windsor Hills Magisterial District. Mr. Shah's term will expire on September 26, 2014. Confirmation of these appointments has been placed on the consent agenda. Page 1 of 2 VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Gary Huffman, Fire Marshall Jill Loope, Secretary /Treasurer, Economic Development Authority Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Richard E. Burch, Jr., Chief of Fire and Rescue Gary Huffman, Fire Marshall Jill Loope, Secretary /Treasurer, Economic Development Authority Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OR ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 RESOLUTION 032712 -8.b DEDICATING AS RIGHT -OF -WAY FOR PUBLIC USE A PORTION OF PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS, TAX PARCEL #038.16 -01 -07 WHEREAS, John Richardson Road, Route 743 in the Commonwealth of Virginia System of Secondary Roads, was closed to through traffic on September 12, 2007, due to deteriorating conditions of a bridge over Carvins Creek, and WHEREAS, on April 12, 2011, the Roanoke County Board of Supervisors approved a resolution supporting removal of the bridge over Carvins Creek and construction of a cul- de -sac, and WHEREAS, the new cul -de -sac will be constructed on property owned by the Board of Supervisors, and NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors as follows: 1. That the Board dedicates as right of way for public use a portion of property owned by the Roanoke County Board of Supervisors, consisting of 0.2157 acres, and being a portion of tax parcel #038.16- 01 -07, as shown on the attached plat prepared by the Roanoke County Department of Community Development dated February 21, 2012, and recorded in the Clerk's Office of the Circuit Court of Roanoke County. 2. That the new right of way will be maintained by the Virginia Department Of Transportation as part of existing Secondary Route #743. 3. That the Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. 4. That this Resolution shall be effective from and after the date of its adoption. Page 1 of 2 5. That a certified copy of this Resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. On motion of supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: supervisors Moore, Aitizer, Church, Elswick, Flora NAYS: None A C Y TESTE: beb6 C. Jack Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development David Holladay, Planning Administrator Page 2 of 2 LINE TABLE LINE BEARING LENGTH L I S25 °46'39'E 20.28' L2 NI8 °14'26'E 21.47' L3 N71 "W 21.32' L4 S25 °42'24'E 19.05' ARROWPOINT ASSET GROUP LLC �(9 ) S9 'F N %'A8 50' INSTRU. # 201103948 100 1.32 AC. & 0.09 AC. Tax# 38.16 -01 -09 & 38.16 -01 -10 PROPERTY TO BE DEDICATED 0 AS RIGHT OF- WAYFOR PUBLIC USE 9,394.30 S.F. , 0.2 I S7Ac. CURVE TABLE ROANOKE COUNTY APPROXIMATE LOCATION 100 -YEAR BOARD OF SUPERVISORS FLOOD ELEVATION NO ENCROACHMENT BELOW THIS ELEVATION. /INSTRU # 201006140 _ m 9.766 AC. Ln o �� 0� pp PROD: 0743 - 080 -322 Tax# 38.16— 01— 07 C D �'y• /� JOHN RICHARDSON ROAD Z / / (REMOVE BRIDGE AND INSTALL CUL -DE -SAC m O / O �,�o;�' // / PROPOSED 30' PRESCRIPTIVE R/W N / • / RIGHT OF WAY C) D G1 S63 °12'05 "W 0) xrry 55' RADIUS o 15.35' / PROPOSED J Z3 / 66• p5 EDGE OF PAVEMENT —x} O ,05"�y PROPOSED ,�.� RIGHT OF WAY /' 2 / / c o// S63 °1205 W ' "©. v � v xx xxxv 16.21'� 0 "Vp•/ EXISTING BRIDGE, PAVEMENT �/ ,p5� / 30 PRESCRIPTIVE R/W / AND CURB AND .GUTTER V x•12 / 5 / W. PHILLIP OBENSHAIN TO BE REMOVED. t �� xx v it ' / +► DB 1524 PG 1268 IVY d / 22 LF ST'D. GR -2 ^ / DB271 PG324 (PLAT) � � V o � x xx 1.23 AC. Tax # 2 / / GUARDRAIL REQ , D i 38.16 -01 -08 S � 3 , „ N % � 15$• � „ � G S �v Ga h rrrJk11 rr rr rry�k1 x rC � x x 6 vx x fi xxx wwuvuv xx .nxxx �/ 1 0 C 1 , G x P, dolp � g / 1 NAT 0' PAVEMENT TO BE REMOVED of ' X06 x �' 1 �NI APPROXIMATE LOCATION 100 -YEAR xx # , FLOOD ELEVATION w. w 1 0- NO ENCROACHMENT BELOW THIS ELEVATION. cn Lo k' 1 1 ,�,s F it s O � M 1 1 W Igs p p� EXHIBIT ' A ; off // oo' S PLAT SHOWING SSO PG 1 ss Ease PORTION OF TAX MAP # 38.16 -01 -07.00 S REQUESTED BY to / LOREILIOBENSHAINMARTIN BOARD OF SUPERVISORS, ROANOKE COUNTY & WALTER M. MARTIN DB869 PG467 TO BE DEDICATED AS O ANp 0.6 AC. Tax# J8.15-01-11 (88 (S 69. RIGHT -0F -WAY r Z IP 40 " E FOR H'` ,. Z � �S ANTHONY E. EMMONS PUBLIC USE v I '8• & VICKYS. EMMONS HOLLINS MAGISTERIAL DIST �2 Inst. # 020017252 1838 v 0.4094 AC. Tax# 3202701 ROANOKE COUNTY, VIRGINIA SCALE: 1"= 50' DATE: FEBRUARY 21, 2012 6J PREPARED BY ROANOKE COUNTY DEPARTMENT OF CONY DEVELOPMENT CURVE � LENGTH RADIUS TAN C 1 172.83' 55.00' 745.45' N63 °52'06GENT CHORD BEARING CHORD DELTA 8, 'E 10.00' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 RESOLUTION 032712 -8.c REQUESTING ACCEPTANCE OF CASTLE VIEW COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form AM -4.3, 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 (VDOT) 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 AM -4.3 to the secondary system of state highways, pursuant to §33.1 -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. Page 1 of 2 On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation Page 2 of 2 In - the County_of Roanoke - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _m - - - - - - - - - . . . . - . . . . . . . . . . . . . . . . • . . . . . . By resolution of the governing body adopted March 27, 2012 The following yDOT Form AM -4.3 is hereby attached and incorpo at d as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official Report of Changes in the Secondary System of State Highways Project/Subdivision Hills At Castle Rock Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and/or Route Number * Castle View Court, State Route Number 1464 Old Route Number: 0 0 From: Int. Route 1589 To: End, Cul-de -sac, a distance of: 0.14 miles. Recordation Reference: P.B. 29, Page 114 Right of Way width (feet) = 40 VDOT Form ANI -4.3 (4 ')0,2007) Maintenancc Divl Date of Resolution: March 27, 2012 Page l of 1 tEIA_� / 1.07 - 2A EX.. 7 f, WJTHIN t rc LOT. 0.214 AC U4- T 2 4 ACC 0 DESCRIPTION LENGTH ROW WIDTH SERVICES Miles Feet Feet Houses Castle View Court; From Brahma Road (route 1689) to the end of it's cul -de -sac 0.14 40 28 16 ROANOKE COUNTY ' N Ldp r9a � 07' 18A N\ L 17A EX.. PVT- S f+i.M.E. S.M.,&F, � D.F_. & AT T eA ACCEPTANCE OF CASTLE VIEW COURT INTO THE DEPARTMENT OF VIRGINIA DEPARTMENT of TRANSPORTATION COMMUNITY DEVLOPMENT SECONDARY SYSTEM PROPOSED ADDITION(S) IN GREY AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2012 ORDER 032712 -9 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2012 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve -month period beginning January 1, 2012, and ending December 31, 2012, be, and hereby is, set for a tax rate of $"1.09 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by Sections 58.1 -3200, 58.1 -3201 58.1- 3508.A.8, and 58.1-3506.13 of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Church to adopt the order, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None Deborah C. Jacks Clerk to the Board o upervisors cc: W. Brent Robertson, Director of Management and Budget Rebecca Owens Director of Finance Kevin Hutchins, Treasurer Nancy Horn, Commissioner of the Revenue Page 1 of 1