HomeMy WebLinkAbout3/26/2013 - RegularMarch 26, 2013 103
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of March 2013. Audio and video recordings
of this meeting will be held on file for a minimum of five (5) years in the office of the
Clerk to the Board of Supervisors.
IN RE: CALL TO ORDER
taken.
Chairman Altizer called the meeting to order at 3:03 p.m. The roll call was
MEMBERS PRESENT: Chairman Michael W. Altizer; Supervisors Joseph B. "Butch"
Church, Eddie "Ed" Elswick, Richard C. Flora and Charlotte
A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R.
O'Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Paul M.
Mahoney, County Attorney; Teresa H. Hall, Director of Public
Information and Deborah C. Jacks, Clerk to the Board
IN RE: OPENING CEREMONIES
Before the meeting was called to order, an invocation was given by Pastor
Brian Swafford of the Gospel Light Baptist Church. The Pledge of Allegiance was
recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of Department of Social Services Employee, Robin
Salo, recipient of the 2013 Golden Halo Award (Joyce Earl,
Director of Social Services)
In attendance for this recognition were Joyce Earl, Director of Social
Services; Robin Salo, Senior Social Worker and recipient and Sue Goad, Social Work
Supervisor. All Supervisors offered their congratulations and thanks.
104 March 26, 2013
2. Recognition of Assistant Chief of Police, Terrell Holbrook,
recipient of the 2013 Golden Halo Award (Howard B. Hall, Chief of
Police)
In attendance for this recognition were Police Chief Howard B. Hall and
Assistant Chief of Police Terrell Holbrook. Chief Hall commended Assistant Chief
Holbrook and announced that Mr. Holbrook would be retiring at the end of the week. All
of the Supervisors offered their congratulations on the award and their gratitude and
well wishes for his retirement.
3. Recognition of the 2012 Roanoke County Police Department
Employees of the Year and Introduction of the Department's New
Assistant Chiefs (Howard B. Hall, Chief of Police)
In attendance for this recognition were Police Chief Howard B. Hall; Police
Officer John Musser; Detective Andrea Morris; School Resource Officer Johnny
Runyon; Police Officer Christopher Gunter; Accounts Coordinator Mia Nygen; Assistant
Chief of Police Mike Warner and Assistant Chief of Police Chuck Mason. All
Supervisors offered their congratulations and gratitude.
4. Recognition of the 175 anniversary of the organization of the
County of Roanoke, Virginia (Diana Rosapepe, Director of Library
Services)
Ms. Rosapepe gave a brief history lesson and the proclamation was read.
IN RE: NEW BUSINESS
1. Resolution 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 (Paul M.
Mahoney, County Attorney)
Mr. Mahoney explained the request for a noise waiver and advised this is
an annual event for the Cancer Society. There was no discussion.
RESOLUTION 032613 -1 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
March 26, 2013 105
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
19, 2013, from 6:00 p.m. to Saturday, April 20, 2013, 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 19, 2013, to
7:00 a.m. on Saturday, April 20, 2013; 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:
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 19, 2013, to 7:00 a.m., April 20, 2013.
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 19 -20, 2013.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. Request to adopt a resolution setting the allocation percentage
for personal property tax relief for the 2013 tax year (Laurie L.
Gearheart, Assistant Director of Finance)
Ms. Gearheart explained the request to adopt the resolution setting the
allocation percentage for personal property tax relief. There was no discussion.
RESOLUTION 032613 -2 SETTING THE ALLOCATION
PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN
ROANOKE COUNTY FOR THE 2013 TAX YEAR
106 March 26, 2013
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, 2013, 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 $1,001 420,000 will be eligible
for 61.34% tax relief.
3. That qualifying personal use vehicles valued at $20,001 or more shall only
receive 61.34% 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.
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.
6. 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 one hundred percent (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 roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Request to adopt the Roanoke County School Budget for the
fiscal year 2013 -2014 (Rebecca Owens, Director of Finance; Jerry
L. Canada, Chairman, Roanoke County School Board; Dr.
Lorraine Lange, Superintendent of Schools and Penny Hodge,
Assistant Superintendent of Finance, Roanoke County Schools)
In attendance for this request were School Board Chairman Jerry Canada,
March 26, 2013
107
School Superintendent Dr. Lorraine Lane and Assistant Superintendent Penny Hodge.
Ms. Owens outlined the request to approve the Roanoke County School Budget and
advised it was approved by the School Board on March 14, 2013.
Chairman Canada stated they have a balanced budget and are very
appreciative for all the Board of Supervisors and Mr. Goodman has done to make this
possible. Additionally, he thanked Supervisors Altizer and Flora for all their hard work
over the years.
Supervisor Flora moved to approve the staff recommendation to approve
the School budget. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of April Caudle to obtain a Special Use Permit in a R-
2, Medium Density Residential, District for the operation of a
family day care home on approximately 2.00 acres, located at
5629 Cove Road near the Glen Haven, Montclair Estates and Glen
Cove subdivisions, Catawba Magisterial District
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for April 23, 2013, and the motion was carried by the
following recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the Board of Supervisors of Roanoke
County to enter into and execute an amended extraterritorial
arrest powers agreement with the City of Roanoke, City of Salem
and the Town of Vinton (Howard B. Hall, Chief of Police)
Chief Hall explained the request for this ordinance and advised it was an
amendment of the current extraterritorial arrest powers agreement and was being done
to add the City of Salem and the Town of Vinton. There was no discussion.
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for April 9, 2013, and the motion was carried by the following
recorded vote:
08 March 26, 2013
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 032613 -4 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 26,
2013, designated as Item Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 7
inclusive, as follows:
1. Approval of minutes — February 26, 2013
2. Request from the Fire and Rescue Department to accept and appropriate
funds in the amount of $136,400 for grants #WV- CO3/12 -12 from the Virginia
Department of Health
3. Resolution waiving the value engineering requirement for the Vinton Library
Construction Project
4. Resolution amending 062811 -5.g, 062811 -5.h and 062811 -5.i requesting
changes in the Virginia Department of Transportation Secondary System of
State Highways, Route 766, Stable Road, Route 674, Clearbrook Lane and
Route 675, Clearbrook Village Lane, Cave Spring Magisterial District
5. Request to accept and appropriate $19,161.80 in contributions from Cave
Spring Volunteer Fire Company toward the shared purchase of apparatus
upgrades to Ladder 3
6. Donation of five (5) drainage easements on property located in "Orchard
Park" in the Hollins Magisterial District
7. Donation of a drainage easement on property located in the "Lindenwood"
Subdivision in the Vinton Magisterial District
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
I_QIk3 -5 B15 W1
March 26, 2013 109
RESOLUTION 032613 -4.b WAIVING THE VALUE ENGINEERING
REQUIREMENT FOR THE VINTON LIBRARTY CONSTRUCTION
PROJECT
WHEREAS, Roanoke County's Procurement Policy section 5.1 stipulates that
Value Engineering (VE) be employed for any capital construction project costing more
than five million dollars ($5,000,000); and
WHEREAS, Board of Supervisors may waive this requirement, but that any such
waiver shall be in writing, state the reasons for the waiver and apply only to a single
capital construction project; and
WHEREAS, the justifications for waiving the Value Engineering requirement
include:
1. Comparability: the ability to capitalize on comparable endeavors for South
County Library and Glenvar Library
2. Continuity: the continuity of much of the systems and design methodology
3. Impacts: the impacts on expenses and scheduling
4. Experience: the significant experience with the proposed design team related
to their level of expertise and ability to design a functional and buildable
facility
5. Stakeholders: an interactive approach of including applicable County
stakeholders in the design process
6. Success: and the success of a much less expensive peer review /modified
Value Engineering process for the Glenvar Library project; and
WHEREAS, a peer review or modified Value Engineering process for the
proposed Vinton Library would provide an opportunity to utilize a third party, expert
evaluation of the Mechanical, Electrical and Plumbing systems or other targeted design
aspects for the project in a more cost effective manner; and
WHEREAS, a peer review or modified Value Engineering process would cost
approximately ten percent (10 %) of the amount necessary for a formal Value
Engineering process.
NOW THEREFORE, BE IT RESOLVED, as follows:
1. That the Roanoke County Board of Supervisors does hereby waive
Procurement Policy 5.1 requiring a Value Engineering process for the design
of the Vinton Library.
2. That the Purchasing Director is hereby authorized to engage an independent
third party to conduct a peer review or modified Value Engineering process
for the proposed Vinton Library project.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
110 March 26, 2013
RESOLUTION 032613 -4.c AMENDING RESOLUTION 062811 -5.1h
REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM OF STATE
HIGHWAYS, ROUTE 674, CLEARBROOK LANE, CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, the Commonwealth of Virginia, Department of Transportation has
requested that Roanoke County amend Resolution 062811 -5.h adopted by the Board of
Supervisors on June 28, 2011 to state that the Board of Supervisors of Roanoke
County, rather than the Virginia Department of Transportation, guarantees a clear and
unrestricted right -of -way, as described, and any necessary easements for cuts, fills and
drainage, all as set below.
WHEREAS, the street(s) described on the attached VDOT 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 has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the
Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of
Supervisors to abandon old road facilities, and subsequently add newly constructed
road facilities.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation abandon, and subsequently add, the facilities described
on the attached Form AM -4.3 to the secondary system of state highways, pursuant to
§33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements,
after receiving a copy of this resolution.
BE IT FURTHER RESOLVED, the Board of Supervisors of Roanoke County,
Virginia, guarantees a clear and unrestricted right -of -way, as described and any
necessary easements for cuts, fills and drainage.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
March 26, 2013 111
RESOLUTION 032613 -4.d AMENDING RESOLUTION 062811 -5.i
REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM OF STATE
HIGHWAYS, ROUTE 675, CLEARBROOK VILLAGE LANE,
CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, the Commonwealth of Virginia, Department of Transportation has
requested that Roanoke County amend Resolution 062811 -5.i adopted by the Board of
Supervisors on June 28, 2011 to state that the Board of Supervisors of Roanoke
County, rather than the Virginia Department of Transportation, guarantees a clear and
unrestricted right -of -way, as described, and any necessary easements for cuts, fills and
drainage, all as set below.
WHEREAS, the street(s) described on the attached VDOT 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 has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the
Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of
Supervisors to abandon old road facilities, and subsequently add newly constructed
road facilities.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation abandon, and subsequently add, the facilities described
on the attached Form AM -4.3 to the secondary system of state highways, pursuant to
§33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements,
after receiving a copy of this resolution.
BE IT FURTHER RESOLVED, the Board of Supervisors of Roanoke County,
Virginia, guarantees a clear and unrestricted right -of -way, as described, and any
necessary easements for cuts, fills and drainage.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
RESOLUTION 032613 -4.e AMENDING RESOLUTION 062811 -5.g
REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM OF STATE HIGHWAYS,
ROUTE 766, STABLE ROAD, CAVE SPRING MAGISTERIAL DISTRICT
112 March 26, 2013
WHEREAS, the Commonwealth of Virginia, Department of Transportation has
requested that Roanoke County amend Resolution 062811 -5.g adopted by the Board of
Supervisors on June 28, 2011 to state that the Board of Supervisors of Roanoke
County, rather than the Virginia Department of Transportation, guarantees a clear and
unrestricted right -of -way, as described, and any necessary easements for cuts, fills and
drainage, all as set below.
WHEREAS, the street(s) described on the attached VDOT 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 has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
WHEREAS, Wal -Mart Real Estate Business Trust, the developers of the
Clearbrook Wal -Mart, request a resolution from the Roanoke County Board of
Supervisors to abandon old road facilities, and subsequently add newly constructed
road facilities.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation abandon, and subsequently add, the facilities described
on the attached Form AM -4.3 to the secondary system of state highways, pursuant to
§33.1 -155, Code of Virginia, and the Department's Subdivision Street Requirements,
after receiving a copy of this resolution.
BE IT FURTHER RESOLVED, the Board of Supervisors of Roanoke County,
Virginia guarantees a clear and unrestricted right -of -way, as described and any
necessary easements for cuts, fills and drainage.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
A- 032613 -4.f
A- 032613 -4.g
A- 032613 -4.1h
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizen spoke.
March 26, 2013 113
Linda LaPrade of 5509 Will Carter Lane in Roanoke stated she is from the Cave
Spring District. Ms. LaPrade advised at the last Board of Supervisors meeting an item
was on the agenda pertaining to another NGO (Non - Governmental Organization) with
whom the County is going to be involved: The Partnership for a Livable Roanoke
Valley. She stated she would like to tell the Board an old Davy Crockett story. Crockett
was chastised by one of his constituents while on a Congressional reelection campaign
for voting to approve relief funds for some fire victims in D.C. It was explained to
Crockett what the role of government was and wasn't and that the money appropriated
"Isn't yours to give ". Davy realized the truth in this objection. He swore he would not
make that mistake again, not because he didn't care about causes, but because he
cared more about his responsibility to the law and his constituents. The point of the
story should be clear. County revenues gained through taxation, fees, etc. are not yours
to give away at your pleasure, or as the farmer told Crockett, "The power of collecting
and dispersing money at pleasure is the most dangerous power that can be trusted to
man ". The majority of this Board will likely approve funding for this regional NGO, the
Partnership for a Livable Roanoke Valley. She advised she objects to the very nature of
a regional authority that might assume some powers that we elect the Board to have. It
is enough that Roanoke County squanders approximately $65,000 every year on a
State mandated regional authority called the Roanoke Valley Allegheny Regional
Commission. What is the purpose of partnering with another NGO like the "Partnership
for a Livable Roanoke Valley that "we pay for ?" The majority of this Board thinks it is
their proper role to provide funds to ICLEI at $1200 a year because it "does no harm ".
The "harm" is not yours, because it isn't your money, and it is worth noting again that
everything RCCLEAR has provided this Board is based on conjecture and fabrication.
How do you justify giving our money to NGO's like the Western VA Land Trust at
around $2,000 per year? How about the Virginia Association of County's (VACO) for
about $20,300 per year? Goochland County withdrew from VACO last year because
there was no benefit to being in that NGO. (We' paid $740,000, 3 % % of a million dollars,
on dues and membership in last years budget. For what? This money isn't yours to
squander on pet projects, to build the most elaborate facilities possible, to give to NGOs
as they attempt to insert themselves into local government. Our money "Isn't yours to
give ".
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
114 March 26, 2013
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Treasurer's Statement of Accountability per Investment and
Portfolio Policy as of February 28, 2013
5. Comparative Statement of Budgeted and Actual Revenues as of
February 28, 2013
6. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of February 28, 2013
7. Accounts Paid — February 28, 2013
IN RE: CLOSED MEETING
At 3:56 p.m., Supervisor Altizer moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2 -3711 A 1, Personnel,
namely discussion concerning an appointment to the Roanoke Valley Greenway
Commission and Section 2.2- 3711.A.3, Disposition of real property, namely approval of
the sale of School Board property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the County and the
School Board
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
The closed session was held from 4:11 p.m. until 4:30 p.m.
At 3:57 p.m. Chairman Altizer recessed to the fourth floor.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Chairman Altizer moved to return to open session and adopt
the certification resolution.
RESOLUTION 032613 -5 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
March 26, 2013 115
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 Supervisor Altizer to adopt the resolution, and carried by the following roll
call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: PUBLIC HEARING
1. Public hearings for citizen comment on the following items: (W.
Brent Robertson, Director of Management and Budget)
(a) Real estate, personal property and machinery and tools tax
rates
Mr. Robertson explained the reason for the public hearing. There was
no discussion. Chairman Altizer opened and closed the public hearing with no citizens
signed up to speak on this item.
(b) General comment on the upcoming annual budget for fiscal
year 2013 -2014
Mr. Robertson explained the reason for the public hearing. There was no
discussion. Chairman Altizer opened and closed the public hearing with no citizens
signed up to speak on this item.
2. Request to adopt the following tax rates for calendar year 2014:
(W. Brent Robertson, Director of Management and Budget)
116 March 26, 2013
(a) Real estate tax rate of $1.09 per $100 assessed valuation
There was no discussion.
ORDER 032613 -6 SETTING THE TAX RATE ON REAL ESTATE
SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR
2013
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that
the levy for the twelve -month period beginning January 1, 2013, and ending December
31, 2013, 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- 3506.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, Flora, Church, Elswick, Altizer
NAYS: None
(b) Personal property tax rate of $3.50 per $100 assessed
valuation
There was no discussion.
ORDER 032613 -7 SETTING THE TAX LEVY ON PERSONAL
PROPERTY SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 2013
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, 2013, 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
March 26, 2013 117
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, 2013, and
ending December 31, 2013, 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 -3506 of the 1950 Code of Virginia, as amended, and generally designated
as Motor Vehicles for Disabled Veterans.
On motion of Supervisor Altizer to adopt the order, and carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
(c) Machinery and tools tax rate of $3.00 per $100 assessed
valuation
There was no discussion.
ORDER 032613 -8 SETTING THE TAX LEVY ON A
CLASSIFICATION OF PERSONAL PROPERTY - MACHINERY
AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 2013
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 1950 Code of Virginia, as amended, and generally designated as machinery
and tools.
2. That the levy for the twelve -month period beginning January 1, 2013, and
ending December 31, 2013, 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 1950 Code of Virginia, as amended, and generally
designated as machinery and tools.
On motion of Supervisor Flora to adopt the order, and carried by the following
recorded vote:
118 March 26, 2013
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. Ordinance authorizing the transfer of title to the real estate in the
Center for Research and Technology from the Roanoke County
Board of Supervisors to the Roanoke County Economic
Development Authority (Jill Loope, Acting Director of Economic
Development)
Ms. Loope explained the request for the ordinance. There were no
changes from the first reading held on March 12, 2013. Chairman Altizer open and
closed the public hearing. There were no citizens signed up to speak on this item.
ORDINANCE 032613 -9 AUTHORIZING THE TRANSFER OF
TITLE TO THE REAL ESTATE IN THE CENTER FOR
RESEARCH AND TECHNOLOGY FROM THE ROANOKE
COUNTY BOARD OF SUPERVISORS TO THE ROANOKE
COUNTY ECONOMIC DEVELOPMENT AUTHORITY
WHEREAS, the Board of Supervisors of Roanoke County currently owns
approximately 430.27 acres of real estate and the Roanoke County Economic
Development Authority currently owns approximately thirteen (13) acres of real estate,
all of which are located at the Roanoke County Center for Research and Technology
( RCCRT); and
WHEREAS, portions of RCCRT are being actively marketed for economic
development purposes; and
WHEREAS, the Board finds that conveying this real estate to the Economic
Development Authority will promote the County's economic development initiatives; and
WHEREAS, the first reading of this ordinance was held on March 12, 2013, and
the second reading and public hearing were held on March 26, 2013.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the conveyance of approximately 430.27 acres of real estate located
at the Roanoke County Center for Research and Technology (Tax Map No. 54.00 -1 -2)
is hereby authorized.
2. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
March 26, 2013 119
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. Ordinance approving a regional agreement between the Roanoke
Valley Convention and Visitor's Bureau, the City of Roanoke, the
City of Salem and the County of Roanoke (Paul M. Mahoney,
County Attorney)
Mr. Mahoney explained the request for the ordinance. There have been
no changes since the first reading held on March 12, 2013.
Supervisor Flora reminded staff there should be suggested follow -up with
Mr. Mahoney advising there are measurement criteria in the agreement. There was no
further discussion. Mr. Mahoney advised Mr. Lee Wilhelm and Mr. Landon Howard
were in attendance to answer any questions.
Chairman Altizer opened and closed the public hearing. There were no
citizens signed up to speak on this issue.
Supervisor Church commented he feels they are on the right track and
have a good leader in Landon Howard. He further advised he is looking forward to
good things happening.
ORDINANCE 032613 -10 APPROVING A REGIONAL
AGREEMENT BETWEEN THE ROANOKE VALLEY COVENTION
AND VISITOR'S BUREAU, THE CITY OF ROANOKE, THE CITY
OF SALEM AND THE COUNTY OF ROANOKE
WHEREAS, the Board of Supervisors of Roanoke County finds that increasing
tourism in the Roanoke region through an enhanced marketing campaign by the
Roanoke Valley Convention and Visitor's Bureau (RVCVB) will benefit the County's tax
base; and
WHEREAS, the 2012 session of the Virginia General Assembly amended
Section 58.1- 3819.1 of the Code of Virginia to allow Roanoke County to increase its
transient occupancy tax from five to seven percent (5% to 7 %); and
WHEREAS, this increase in the transient occupancy tax must be "expended
solely for advertising the Roanoke metropolitan area as an overnight tourist destination
by members of the Roanoke Valley Convention and Visitors Bureau" as provided in
Chapter 340 of the Acts of Assembly; and
WHEREAS, the Board intends to fund a portion of this marketing campaign by
allocating two percent (2 %) of the County's transient occupancy tax, which was
increased by Ordinance 082812 -4 to the RVCVB; and
20 March 26, 2013
WHEREAS, the governing bodies of City of Roanoke, City of Salem and
Roanoke County have determined that it is in the best interest of all three (3)
jurisdictions to allocate additional funds to the RVCVB for this enhanced marketing
campaign; and
WHEREAS, §15.2 -1300 of the Code of Virginia requires that agreements for the
joint exercise of powers by political subdivisions be approved by ordinance, and
WHEREAS, that the first reading of this ordinance was held on March 12 7 2013 7
and that the second reading and public hearing on this ordinance was held on March
26, 2013.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY as follows:
1. That the Board hereby approves the Regional Agreement with the City of
Roanoke, City of Salem, the Roanoke Valley Convention and Visitor's Bureau
and County of Roanoke.
2. That the County Administrator, or any Assistant County Administrators, either
of whom may act, are authorized to execute and deliver the Regional
Agreement. The form of the Regional Agreement presented to the Board is
hereby approved with such completions, omissions, insertions and changes
as the County Administrator may approve, whose approval shall be
evidenced conclusively by the execution and delivery thereof.
3. The County Administrator, or any such other Assistant County Administrators,
are hereby authorized and directed to execute, deliver and record, as
necessary, all other agreements, contracts, leases and documents on behalf
of the County and to take all such further action as any of them may deem
necessary or desirable in connection with this Agreement.
4. That this ordinance shall be 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, Flora, Church, Elswick, Altizer
NAYS: None
3. Ordinance granting an underground easement for AEP at 6461
Merriman Road at Starkey ball field No. 7, Cave Spring Magisterial
District (Paul M. Mahoney, County Attorney)
Mr. Mahoney explained the request for ordinance. There have been no
changes since the first reading held on March 12, 2013. There was no discussion.
Chairman Altizer opened and closed the public hearing. There were no
citizens signed up to speak on this issue.
March 26, 2013 121
ORDINANCE 032613 -11 AUTHORIZING THE GRANTING OF AN
ELECTRIC UTILITY EASEMENT TO APPALACHIAN POWER
(AEP) ON PROPERTY OWNED BY THE ROANOKE COUNTY
BOARD OF SUPERVISORS (TAX MAP NO. 097.05-01-01.00 -
0000) FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC
POWER LINE TO STARKEY PARK BALL FIELD #7 AT 6461
MERRIMAN ROAD, CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, Appalachian Power Company (AEP) requires a permanent utility
easement for purpose of providing electrical service to the Starkey Park ball field #7
from an existing overhead electric line; and
WHEREAS, granting this utility easement will allow AEP to replace a pole inside
the South County Shop (maintenance), access through the South Shop yard to install a
pad mounted transformer located just outside of the Shop's rear chain link fence toward
Starkey ball field #7; and
WHEREAS, the proposed utility easement 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 March 12, 2013, and the second
reading and public hearing of this ordinance was held on March 26, 2013.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
is hereby made available for other public uses by conveyance to Appalachian Power
Company for a utility easement.
3. That donation to Appalachian Power Company of a utility easement for
purpose of an underground electric line, as shown on a plat titled "Proposed Right of
Way on Property of Roanoke County Board of Supervisors ", prepared by Appalachian
Power Company and dated 2/22/13, 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 Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
22 March 26, 2013
4. POSTPONED AT THE REQUEST OF THE PETITIONER. The
petition of Old Heritage Corporation to rezone approximately
1.880 acres from R -1, Low Density Residential, District to C -1C,
Office, District with proffered conditions, located near the
intersection of Crossbow Circle and Franklin Road (Route 220
South) and including a portion of 5259 Crossbow Circle, Cave
Spring Magisterial District
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke.
Mr. Noah Tickle of 1603 Frosty Lane in Salem Virginia stated he has been
a Roanoke County resident since 1956. He advised that despite the publication of such
global warming debunking conclusions in journals including Nature, Geophysical
Review Letters and Science, there's been little media attention. Climate physicist S.
Fred Singer, who previously has reported there has been little or no warming since
about 1940. Every 1,500 Years," from peer- reviewed studies in specialties including tree
rings, sea levels, stalagmites, lichens, pollen, plankton, insects, public health, Chinese
history and astrophysics," we have had a greenhouse theory with no evidence to
support it except a moderate warming turned into a scare by computer models whose
results have never been verified with real -world events," added Singer. "On the other
hand, we have compelling evidence of a real -world climate cycle averaging 1470 years
(plus or minus 500) running through the last million years of history. The climate cycle
has above all been moderate, and the trees, bears, birds, and humans have quietly
adapted "Singer said. Climate model - builders probably have developed a consensus
of guesses. "However, the models only reflect the warming, not its cause," he said. He
said about seventy percent (70 %) of the earth's post 1850 warming came before 1940,
and thus was probably not caused by human - emitted greenhouse gases. The net post
1940 warming totals only a tiny 0.2 degrees Celsius, he said. The analysis said the
historic evidence of the temperature fluctuations includes the 5,000 year record of Nile
floods, 1st Century Roman wine production in Britain and thousands of museum
paintings that portray sunnier skies during the medieval warming and cloudiness during
the Little Ice Age. Physical evidence includes oxygen isotopes, beryllium ions, sea and
pollen fossils and ancient tree rings. For example, Constance Millar of the U.S. Forest
Service studied seven (7) species of relict trees that grew above today's tree line and
concluded temperatures during the medieval warming period on Whitewing Mountain in
California were about 3.2 degrees warmer than today's temperatures. Singer said
experiments also have shown more or fewer cosmic rays hitting the Earth create more
or fewer low, cooling clouds that deflect solar heat back into space, which amplifies
small variations in the intensity of the sun. "Anthropogenic (man -made) global warming
bites the dust, declared astronomer Ian Wilson after reviewing the study, which was
March 26, 2013 123
accepted for publication in the peer- reviewed Journal of Geophysical Research. Why
are we funding ICLEI the Co2 alarmist after all this information?
Ms. Misty Gregg of 5022 Sunnyside Drive in Roanoke, Virginia stated she
is speaking on behalf of RCCLEAR. She stated as the Board knows the members of
RCCLEAR are appointed by the Board. They are a diverse group of individuals with
varying backgrounds and experiences. Some have served for several years providing
hundreds of hours of volunteer service to the County and others are new appointees
who have been welcomed into the group. Each of them has an interest in reducing
energy consumption in Roanoke County, thereby helping our citizens save money.
RCCLEAR began the energy education campaign by giving away one hundred (100)
residential energy audits. This program was a huge success and provided Roanoke
County citizens with the information they need to make informed decisions about where
to concentrate their efforts to get the most bang for their buck with energy saving
projects. Although the energy audit giveaway was successful, the primary focus of
RCCLEAR's work has been in the development of the award winning SaveATon.org
energy campaign. This is an educational campaign providing information and tips on
relatively easy ways citizens can reduce their energy consumption and save money with
their personal household budget. You may have seen some of the banners, bumper
stickers or billboards that we have out to spread the word. Again this year, RCCLEAR
will be participating in the Earth Day celebration on Saturday, April 20, 2013, at Grandin
Village. There will be lots of fun and educational activities for people of all ages so she
encourages the Board to come and check it out. Also, RCCLEAR is working on a pilot
program to partner and support Roanoke County with a recycling program. She advised
they will share more information about this exciting program as it is available. The main
focus of RCCLEAR going forward will be the continuation and support of SaveATon.org
educational campaign. She advised their plan is to look for more ways to get the word
out; it is their goal to reach more people and more households in the next ten years.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore stated on behalf of RCCLEAR and AEP, she would like
to pass along some energy saving tips. Lower the water heater temperature; for most
households a temperature setting of 120 degrees can optimize savings. Windows
produce a substantial amount of heat loss. Curtains, shades and blinds can help your
heat stay inside. Adjust your thermostat at night or when you are not a home. Change
your furnace filter; a dirty furnace filter can take up a lot of energy. Unplug your
electronics when they are not in use because some electronics still use energy even if
they are turned off. You can also go to SaveATon.org to find more energy saving tips.
Supervisor Elswick advised he wanted to let everyone know that the Bent
Mountain Center opened on Saturday night. There was a very good crowd; a capacity
crowd. We had a bluegrass band and people showing up from quite a few different
locations and we expect in the future events that could be conducted there could bring
124
March 26, 2013
people in from all over the County. It was a very successful opening considering the
lease was signed only a couple of weeks ago. There was not a lot of announcement
about the opening itself and in the future he believes they are going to post a schedule
of events on the webpage, Bent Mountain Center and a Facebook page; it is off and
running.
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 7:22 p.m.
SVOmitted by: Approved by:
borah C. a Michael W. Altizer
Clerk to the B d Chairman