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HomeMy WebLinkAbout3/22/2016 - Regular March 22, 2016 141 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of March 2016. 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: OPENING CEREMONIES Before the meeting was called to order a moment of silence was observed. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Peters called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman P. Jason Peters,Supervisors George G. Assaid, Al Bedrosian, Martha B. Hooker and Joseph P. McNamara MEMBERS ABSENT: None STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R. O’Donnell, Assistant County Administrator; Richard Caywood, Assistant County Administrator; Ruth Ellen Kuhnel, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: BRIEFINGS 1. Briefing from the Roanoke Valley Broadband Authority (Frank M. Smith II, Executive Director) Mr. Gates introduced Mr. Frank Smith, Executive Director and Jennifer Eddy, Marketing Director. Mr. Smith and Ms. Eddy provided a PowerPoint presentation. Mr. Bedrosian commented that he has no problem with a company coming in and competing with the rest, but does not feel that government should be subsidizing March 22, 2016 142 ventures with taxpayer dollars. They should compete. We had a work session last year with the other companies and they will be overlaying what is already in the ground. He added there is no good answer as to why we should do this. Mr. Smith responded that this is not a subsidy, but an investment. Supervisor Bedrosian commented satirically that we could do this for everything. Mr. Smith replied this is infrastructure and government has historically done this well. Mr. Bedrosian stated this is not new, the infrastructure is already there. Mr. Smith stated he disagreed. He added if you look at it from a market standpoint, there are not enough players in the market. He added the City of Salem and the City of Roanoke are working together for a rate of return. The infrastructure is not already here. There has not been a competitive market. Mr. Bedrosian commented whether something is competitive or not is a product of the marketplace. Roanoke is different than Chattanooga. There are multiple players already that is what the market offers. Supervisor Hooker asked Mr. Smith to speak to the point that there is a need for a circle or connectivity for the fiber. Mr. Smith stated the existing carriers come here and a couple of local providers that are not touching the area. Technology requires a ring. If something is cut or broken you have to relocate. We have a series of rings, which is part of the architecture and provides restoration, redundancy and resiliency. Supervisor Hooker added another factor as far as the private sector sees is a slow rate of return and because we want to spur economic development if we bear the burden we will see a slow rate of return and asked Mr. Smith what that return is with Mr. Smith responding they have used 5.9% in their proforma. She added that she understands some reluctance from the private sector in investing now, but if we are willing to invest knowing there will be a return on investment is promoting free enterprise because one of the components to free enterprise is competition. Renting out and then offering at a lower rate is a great idea. She stated she feel the industry will climb on board if there was quicker rate of return. This is long-term good for the economy. Supervisor McNamara stated he has been very cautious over the year and is trying to understand what we are bringing to the table. He advised he thinks it is a conservative play. We need economic development to keep taxes down. Last November, he spoke to the regional chamber and several other people about what percentage of potential businesses are requested broadband with the answer being about 50%. Therefore, we are being shut out before we even know there is an opportunity. We do not have a choice in the matter. We need to keep the tax rate the same. He is not happy about the financing, but thinks it is a very conservative play. Next Jennifer Eddy provided the last of the presentation. Ms. Eddy and Mr. Bedrosian held a heated discussion concerning the providers in the existing market and what they are providing and if they are not able to meet any demands. Supervisor Peters commented 13% of the tax base is commercial, and he respectfully disagrees with Supervisor Bedrosian that the infrastructure is already in place. He indicated we are constantly looking for ways to be competitive, so to him a $3 million investment to bring another $100 million investment like Argaugh is worthwhile. March 22, 2016 143 2. Briefing to discuss with the Board of Supervisors amending the County Administrator’s Proposed Fiscal Year 2017-2026 Capital Improvement Program (CIP) (Thomas C. Gates, County Administrator; Richard L. Caywood, Assistant County Administrator; Rebecca Owens, Director of Finance and Christopher Bever, Director of Management and Budget) Mr. Gates outlined two recommended changes to his proposal for the Capital Improvement Program and provided a PowerPoint presentation that is on file in the office of the Clerk to the Board of Supervisors. IN RE: NEW BUSINESS 1. Resolution setting the allocation percentage for personal property tax relief in Roanoke County for the 2016 tax year (Laurie Gearheart, Assistant Director of Finance) Ms. Gearheart outlined the request for resolution. There was no discussion. RESOLUTION 032216-1 SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN ROANOKE COUNTY FOR THE 2016 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, 2016, 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 58.07% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 58.07% tax relief on the first $20,000 of value; and March 22, 2016 144 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. That this resolution shall be effective from and after the date of its adoption. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 2. Resolution adopting revisions to the Stormwater Management Design Manual for Roanoke County(Arnold Covey, Director of Community Development) Mr. Covey outlined the request for resolution and reviewed the several changes made after the agenda was published. There was no discussion. RESOLUTION 032216-2 ADOPTING REVISIONS TO THE STORMWATER MANAGEMENT DESIGN MANUAL FOR ROANOKE COUNTY WHEREAS, Section 23-1.8 of the Roanoke County Code provides for the adoption of a Stormwater Management Design Manual; and WHEREAS, Roanoke County will utilize the policies, criteria, and information contained in this design manual for the proper implementation and requirements of the stormwater management ordinance; and WHEREAS, this design manual shall be authorized and approved by the Board of Supervisors by resolution. NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Stormwater Management Design Manual dated July 1, 2014 and approved by the Board of Supervisors by Resolution on May 13, 2014, is hereby repealed. 2. That the “Stormwater Management Design Manual” dated March 22, 2016 is hereby adopted in order to implement the requirements of Chapter 23. “Stormwater Management Ordinance”, as provided in Section 23-1.8. 3. That this resolution shall be effective from and after March 22, 2016. On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: March 22, 2016 145 AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 3. Request for authorization to execute a contract of sale and development agreement between the County of Roanoke, the Roanoke County Economic Development Authority, and Waukeshaw Development, Inc.(Jill Loope, Director of Economic Development) A-032216-3 Ms. Loope outlined the request and introduced Dave McCormack with Waukeshaw Development who provided a PowerPoint presentation. Supervisor McNamara inquired how long of a process with Mr. McCormack advising fourteen months. Supervisor Bedrosian commented he thought it was a great project. On motion of Supervisor Peters to approve the request for authorization to execute a contract of sale and development agreement, seconded and was carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of David B. McClure, Apex Towers, LLC to obtain a Special Use Permit for a broadcasting tower (cell tower) approximately 154 feet in height in a I-2, High Intensity Industrial, District on approximately 4.58 acres, located at 5119 Hollins Road, Hollins Magisterial District There was no discussion. Supervisor Bedrosian’s motion to approve the first reading and to establish the second reading and public hearing for April 26, 2016, was seconded by Supervisor Peters and approved by the following vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None March 22, 2016 146 IN RE: FIRST READING OF ORDINANCES 1. Ordinance authorizing the granting of a new public drainage easement by Baron Enterprises of Virginia, Inc. to the Board of Supervisors of Roanoke County on property owned by Baron Enterprises of Virginia (Tax Map Nos. 076.11-02-29.00 and 076.11-02-29.01) for the purpose of facilitating storm water management, Windsor Hills Magisterial (Arnold Covey, Director of Community Development) District Mr. Covey outlined the ordinance. There was no discussion. Supervisor McNamara’s motion to approve the first reading and to establish the second reading and public hearing for April 12, 2016, was seconded by Supervisor Hooker and approved by the following vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 2. Ordinance accepting and appropriating funds in the amount of $10,000 to the Roanoke County Public Schools for architectural and engineering fees (A&E) for the William Byrd High School locker room (Rebecca Owens, Director of Finance) Ms. Owens outlined the request for ordinance. There was no discussion. Supervisor Peters’ motion to approve the first reading and to establish the second reading for April 12, 2016, was seconded by Supervisor Assaid and approved by the following vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 3. Ordinance authorizing the granting of a greenway easement on property owned by the County of Roanoke (Tax Map No. 60.11-04- 17.00.0000) for the purpose of completing the Glade Creek Greenway Project, Vinton Magisterial District (Doug Blount, Director of Parks, Recreation and Tourism; Jill Loope, Director of Economic Development) Mr. Blount outlined the request for ordinance. There was no discussion. Supervisor Peters’ motion to approve the first reading and to establish the second reading and public hearing for April 12, 2016, was seconded by Supervisor Hooker and approved by the following vote: March 22, 2016 147 AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating $4,000 for printing costs of the K, 1, and 2 grade level instructional materials to support the County literacy plan (Rebecca Owens, Director of Finance) Ms. Owens advised there were no changes from the first reading. There was no discussion. ORDINANCE 032216-4 ACCEPTING AND APPROPRIATING $4,000 FOR PRINTING COSTS OF THE K, 1, AND 2 GRADE LEVEL INSTRUCTIONAL MATERIALS TO SUPPORT THE COUNTY LITERACY PLAN WHEREAS, the County literacy plan is a K through 12 program for students that outlines how to teach students who are not reading at the appropriate age level to improve their reading skills; and WHEREAS, in August 2015 the Roanoke County Schools Instructional Resources Department held a used textbook sale and generated revenues from the sale that exceeded the appropriated budget by $33,200; and WHEREAS, the department is requesting $4,000 of the excess revenues be appropriated to cover the printing costs of the K, 1, and 2 grade level instructional materials to support the county literacy plan; and WHEREAS, spiral bound books will be purchased and all materials printed will last a number of years; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on March 8, 2016, and the second reading was held on March 22, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $4,000 is hereby appropriated to the Roanoke County Public Schools; and 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None March 22, 2016 148 2. Ordinance accepting and appropriating funds in the amount of $27,500 to Roanoke County Public Schools from the National Board for Professional Teaching Standards for teacher incentives (Rebecca Owens, Director of Finance) Ms. Owens advised there were no changes from the first reading. There was no discussion. ORDINANCE 032216-5 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $27,500 TO ROANOKE COUNTY PUBLIC SCHOOLS FROM THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS FOR TEACHER INCENTIVES WHEREAS, the General Assembly provides funds to award incentives to teachers in Virginia’s public schools who hold certifications from the National Board for Professional Teaching Standards and meet the specified criteria; and WHEREAS, eleven (11) teachers in the Roanoke County Public Schools will receive a $2,500 incentive for holding their National Board certifications and meeting the specified criteria; and WHEREAS, the incentive is taxable to the recipient and the school division assumes responsibility for ensuring all taxes are remitted; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on March 8, 2016, and the second reading was held on March 22, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $27,500 is hereby appropriated to the Roanoke County Public Schools; and 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor McNamara to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None March 22, 2016 149 3. Ordinance accepting and appropriating funds in the amount of $2,300 to Roanoke County Public Schools from Share Our Strength and the Virginia No Kid Hungry Campaign to expand the breakfast program at Northside High School (Rebecca Owens, Director of Finance) Ms. Owens advised there were no changes from the first reading. There was no discussion. ORDINANCE 032216-6 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,300 TO THE ROANOKE COUNTY PUBLIC SCHOOLS FROM SHARE OUR STRENGTH AND THE VIRGINIA NO KID HUNGRY CAMPAIGN TO EXPAND THE BREAKFAST PROGRAM AT NORTHSIDE HIGH SCHOOL WHEREAS, the Roanoke County Public Schools Nutrition Department was awarded a grant of $2,300 from Share Our Strength and the Virginia No Kid Hungry Campaign to support the expansion of the breakfast program at Northside High School; and WHEREAS, the grant funds will be spent on a mobile vending cart that will allow staff to serve meals outside the cafeteria; and WHEREAS, it is anticipated the cart will increase participation and help support the goal of providing healthy meals to as many students as possible; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on March 8, 2016, and the second reading was held on March 22, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $2,300 is hereby appropriated to the Roanoke County Public Schools; and 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor McNamara and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, McNamara, Peters NAYS: Supervisor Bedrosian March 22, 2016 150 IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. Ordinance approving the sale of the 419 Library property to Heritage Roanoke, LLC. and authorizing the execution of a contract of sale (Due to time constraints, it is requested that, upon a four-fifths vote of the Board, the second reading be waived per Article V, Chapter 2, Section 2-123(h) of the Roanoke County Code) (Jill Loope, Director of Economic Development) Ms. Loope outlined the request for ordinance. Chairman Peters opened and closed the public hearing with no citizens speaking on this issue. There was no discussion. ORDINANCE 032216-7 APPROVING THE SALE OF THE 419 LIBRARY PROPERTY TO HERITAGE ROANOKE, LLC, AND AUTHORIZING THE EXECUTION OF A CONTRACT OF SALE WHEREAS, the Board of Supervisors owns property located at 3131 Electric Road consisting of two (2) parcels containing 2.526 acres and 0.93 acre previously used as the main headquarters for the County library system known as the “419 Library”; and WHEREAS, upon completion of the new South County Library, the 419 Library was vacated and made available for public acquisition; and WHEREAS, in July of 2014 the County advertised a Request for Proposals for either the sale or lease of the former 419 Library building; and WHEREAS, Heritage Roanoke, LLC, submitted an Offer to Purchase the property to establish a corporate office center for American Healthcare, Inc., which Offer the County accepted; and WHEREAS, a draft contract of sale has been prepared between the County and Heritage Roanoke, LLC, providing for the purchase of the property in “AS IS” condition at a total purchase price of $1.54 million, $1.49 million for the parcel containing 2.526 acres and $50,000 for the parcel containing 0.93 acre; and WHEREAS, this ordinance authorizes the conveyance of the former 419 Library located at 3131 Electric Road to Heritage Roanoke, LLC, upon the terms and conditions set out in the above-mentioned Contract; and WHEREAS, Section 18.04 of the Roanoke County Charter directs the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading and public hearing for this ordinance was held on March 22, 2016. Due to time constraints the second reading was waived, upon a four-fifths (4/5th) vote of the Board pursuant to Article V, Chapter 2, Section 2-123(h) of the Roanoke County Code. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: March 22, 2016 151 1. That the conveyance of a 2.526 acre parcel and 0.93 acre parcel of real estate known as the former 419 Library and located at 3131 Electric Road (Tax Map Numbers 076.16-02-07.00 and 076.16-02-08.00) to Heritage Roanoke, LLC, upon certain terms and conditions as set forth in a Contract of Sale, is hereby approved and authorized; and 2. That the County Administrator or Assistant County Administrators 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. On motion of Supervisor McNamara to adopt the ordinance and waive the th second reading upon 4/5 vote, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the conveyance of the Roland E. Cook Building to Old School Partners, LLC(Jill Loope, Director of Economic Development) Ms. Loope advised there were no changes from first reading. Chairman Peters opened and closed the public hearing with no citizens speaking on this item. There was no discussion. ORDINANCE 032216-8 AUTHORIZING THE CONVEYANCE OF ROLAND E. COOK ELEMENTARY SCHOOL PROPERTY TO OLD SCHOOL PARTNERS, LLC WHEREAS, the Board of Supervisors of Roanoke County acquired this property located in Vinton Magisterial District through a conveyance from the Roanoke County School Board by deed dated August 13, 2013. At the time of the conveyance from the School Board to the County, the Roland E. Cook Elementary School (“School”) was no longer in use by the Roanoke County School Board and was considered surplus property; and WHEREAS, the Old School Partners, LLC (“Buyer”) proposed a purchase of the School for the purpose of restoration and renovation of the School; and WHEREAS, the School is a landmark building in the County, and Buyer’s proposal would preserve the historic nature of the building and also provide additional residential and commercial services and employment in the Vinton Magisterial District; and March 22, 2016 152 WHEREAS, the County and Buyer executed an Option to Purchase Agreement for the Roland E. Cook Elementary School (“the School”) building and parcel of land on August 25, 2015; and WHEREAS, the County, the Roanoke County Economic Development Authority (“EDA”), and the Buyer entered into a Performance Agreement dated August 11, 2015, which set forth terms and conditions for the Buyer’s purchase, restoration and renovation of the School WHEREAS, this property is on Tax map numbers 60.16-09-39 and 60.16-09·40 and designated as “All those certain parcels of real estate known as the "Roland E. Cook Elementary School" containing 1.0445 acres, more or less, situate in the Vinton Magisterial District, together with any improvements thereon, rights incident thereto, and appurtenances thereon belonging, all as shown on the plat entitled "Boundary survey for School Board of Roanoke County showing Lots 8 through 14 (DB 6, PG 264) Section 8, Map of Lots Belonging to the Vinton Land, Loan & Building Co. (PBI, PG5) to be conveyed to the Board of Supervisors of Roanoke County" prepared by Caldwell White Associates dated August 7, 2013 and recorded as Instrument #20 1313 868,” on the Option to Purchase Agreement executed between the County and the Buyer; and WHEREAS, the Option Agreement required the County to apply to the Commonwealth of Virginia Department of Historic Resources (“DHR”) for a Historic Preservation Certification and the County made such application to seek a listing of the School on the Virginia Landmarks Register and the National Register of Historic Places (“the Register”); and WHEREAS, the County has applied for and anticipates receiving the appropriate designations from the DHR prior to the conveyance of the School to Buyer; and WHEREAS, the designation of the School on the National Register of Historic Places and on the Virginia Landmarks Register has a significant fiscal impact on the ability of Buyer to finance the renovations of the School through the sale of historic tax credits, which credits are available only in the renovation of those structures designated on the National and Virginia Registers; and WHEREAS, Buyer has agreed that, subsequent to this conveyance, Buyer will assume all responsibility to ensure that the restoration, renovation and maintenance of the School is in compliance with requirements established by the Virginia and National Registers; and WHEREAS, the County authorizes the Buyer to stand in its stead or as its proxy in ongoing agreements and negotiations with DHR with regard to the restoration, renovation and maintenance of the School so that Buyer may obtain historic tax credits; and WHEREAS, the conveyance of this surplus school property for restoration and renovation provides economic benefits to the County and preserves a historic landmark in the County; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the March 22, 2016 153 first reading of this ordinance was held on March 8, 2016, and the second reading and public hearing were held on March 22, 2016. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County shall convey to Buyer the School property parcels, which consists of Tax map numbers 60.16-09-39 and 60.16-09·40, by Deed, a copy of which is attached hereto and incorporated by reference. 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. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: CONSENT AGENDA RESOLUTION 032216-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L- 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 22, 2016, designated as Item L - 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 – January 19, 2016 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Harold D. Chrimes, Jr., Paramedic/Firefighter, upon his retirement after more than twenty-five (25) years of service 3. Confirmation of appointment of the Private Community Resource Provider to the Roanoke County Community Policy and Management Team (CPMT) 4. Request to accept and allocate grant funds in the amount of $8,342.46 from the U. S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke County Sheriff’s Office 5. Request to accept and allocate grant funds in the amount of $13,500 from the Virginia Department of Emergency Management (VDEM) for fiscal year 2015 Response Team Equipment, Training, and Exercise grant March 22, 2016 154 6. Request to accept and allocate grant funds in the amount of $40,122.72 from the U. S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke County Police Department 7. Request to accept and allocate grant funds in the amount of $1,500 from the Virginia Department of Criminal Justice Services (DCJS) to the Roanoke County Police Department 8. Request to accept and allocate grant funds in the amount of $71,330.48 from the High Intensity Drug Trafficking Areas (HIDTA) Program to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None RESOLUTION 032216-9.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO HAROLD D. CHRIMES, JR., PARAMEDIC/FIREFIGHTER, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-FIVE (25) YEARS OF SERVICE WHEREAS, Harold D. Chrimes, Jr. was employed by Roanoke County on January 2, 1991; and WHEREAS, Mr. Chrimes retired on March 1, 2016, after twenty-five (25) years and two (2) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Mr. Chrimes, throughout his employment, has been instrumental in improving the quality of life and services to the citizens of Roanoke County; and WHEREAS, during Mr. Chrimes’ time serving the citizens of Roanoke County, he provided compassionate and dedicated service to countless patients; and WHEREAS, Mr. Chrimes was highly respected amongst his peers and provided countless hours of mentoring to new fire and rescue employees who have gone on to provide competent service to the County; and WHEREAS, Mr. Chrimes has served on the Regional Heavy Technical Rescue Team and provided countless hours of training to numerous personnel in the area of Heavy Technical Rescue; and WHEREAS, Mr. Chrimes has provided training to volunteer and career agencies internationally, nationally, and across the state in multiple disciplines; and WHEREAS, Mr. Chrimes has served numerous years repairing stretchers and small equipment for the department ensuring safety for its personnel. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens March 22, 2016 155 HAROLD D. CHRIMES, JR. of Roanoke County to for more than twenty-five (25) 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. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None A-032216-9.c A-032216-9.c A-032216-9.d A-032216-9.e A-032216-9.f A-032216-9.g IN RE: REPORTS Supervisor Peters moved to receive and file the following reports. The motion was seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt 5. Treasurer’s Statement of Accountability per Investment and Portfolio Policy as of February 29, 2016 6. Accounts Paid – February 29, 2016 7. Comparative Statement of Budgeted and Actual Revenues as of February 29, 2016 8. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of February 29, 2016 th At 5:05 p.m. Chairman Peters recessed to the 4 floor for work session. March 22, 2016 156 IN RE: WORK SESSIONS 1. Work session to review with the Board of Supervisors employee Total Compensation as relates to the proposed fiscal year 2016- 2017 operating Budget (Rebecca Owens, Director of Finance; Christopher Bever, Director of Management and Budget) Mr. Gates provided the PowerPoint presentation. Supervisor Peters advised he wanted staff to provide employees a date when Keycare 200 will go away. Supervisor McNamara stated that he thought the two-couple rate should be phased in. Mr. Gates responded this can be implemented over a period of time. Supervisor McNamara stated he had some concerns about the CIP that he would share with Mr. Gates and the budget team. Mr. Bever advised all budget information is posted online. The work session was held from 5:20 p.m. until 5:59 p.m. Chairman Peters called the evening session back into order at 7:00 p.m. IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public hearing for citizen comments on the maximum 2016 calendar year tax rates for Real Estate, Personal Property and Machinery and Tools Taxes (Christopher Bever, Director of Management and Budget) Chairman Peters opened and closed the public hearing with no citizens speaking on this agenda item. Supervisor Bedrosian stated today it is probably a moot point, since we are voting on the maximum rates, but he would really like the Board to consider lowering tax rates. We just saw today that we sold a piece of property, the Library on 419, could help lower the tax rate by a penny or two. He thinks it is important for us to consider as a Board because every time we have assessments go up, individuals pay more in real estate taxes. He would like to lower the tax rate to make people whole. People are never able to benefit from prosperity; they end up paying more from the increase in assessment. Now is the time to think about reducing taxes. March 22, 2016 157 2. Resolutions to set the following maximum tax rates for calendar year 2016: (a) Resolution to set the Real Estate maximum tax rate for calendar year 2016 to support the fiscal year 2016-2017 operating budget RESOLUTION 032216-10 TO SET THE REAL ESTATE MAXIMUM TAX RATE FOR CALENDAR YEAR 2016 TO SUPPORT THE FISCAL YEAR 2016-2017 OPERATING BUDGET WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia will set maximum tax rates for calendar year 2016 to support the fiscal year 2016-2017 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 22, 2106, at a regular meeting of the Board of Supervisors of Roanoke County Virginia; WHEREAS, the Roanoke County Board of Supervisors will adopt final 2016 calendar year tax rates to support the fiscal year 2016-2017 operating budget on April 12, 2016, following a public hearing for citizen comments on adopting calendar year 2016 tax rates; NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke Virginia, set the following Real Estate maximum tax rate for calendar year 2016 to support the fiscal year 2016-2017 operating budget: (a) The Real Estate Tax for calendar year 2016 is set at a rate of not more than $1.09 per $100 of assessed valuation. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None (b) Resolution to set the Personal Property maximum tax rate for calendar year 2016 to support the fiscal year 2016-2017 operating budget RESOLUTION 032216-11 TO SET THE PERSONAL PROPERTY MAXIMUM TAX RATE FOR CALENDAR YEAR 2016 TO SUPPORT THE FISCAL YEAR 2016-2017 OPERATING BUDGET March 22, 2016 158 WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia will set maximum tax rates for calendar year 2016 to support the fiscal year 2016-2017 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 22, 2106, at a regular meeting of the Board of Supervisors of Roanoke County Virginia; WHEREAS, the Roanoke County Board of Supervisors will adopt final 2016 calendar year tax rates to support the fiscal year 2016-2017 operating budget on April 12, 2016, following a public hearing for citizen comments on adopting calendar year 2016 tax rates; NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke Virginia, set the following Personal Property maximum tax rate for calendar year 2016 to support the fiscal year 2016-2017 operating budget: (a) The Personal Property Tax for calendar year 2016 is set at a rate of not more than $3.50 per $100 of assessed valuation. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None (c) Resolution to set the Machinery and Tools maximum tax rate for calendar year 2016 to support the fiscal year 2016-2017 operating budget at $2.95 RESOLUTION 032216-12 TO SET THE MACHINERY AND TOOLS MAXIMUM TAX RATE FOR CALENDAR YEAR 2016 TO SUPPORT THE FISCAL YEAR 2016-2017 OPERATING BUDGET WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia will set maximum tax rates for calendar year 2016 to support the fiscal year 2016-2017 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 22, 2106, at a regular meeting of the Board of Supervisors of Roanoke County Virginia; WHEREAS, the Roanoke County Board of Supervisors will adopt final 2016 calendar year tax rates to support the fiscal year 2016-2017 operating budget on April 12, 2016, following a public hearing for citizen comments on adopting calendar year 2016 tax rates; NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke Virginia, set the following Machinery and Tools maximum tax rate for calendar year 2016 to support the fiscal year 2016-2017 operating budget: March 22, 2016 159 (a) The Machinery and Tools Tax for calendar year 2016 is set at a rate of not more than $2.95 per $100 of assessed valuation. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Drew Patterson (Verizon Wireless Agent) to obtain a Special Use Permit for a broadcasting tower (cell tower) approximately 150 feet in height in a I-1, Low Intensity Industrial, District on approximately 64.62 acres, located at 7014 Old Mountain Road, Hollins Magisterial District(Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition. Chairman Peters opened and closed the public hearing with no citizens to speak. Supervisor Bedrosian commented he was impressed with the amount of due diligence. Supervisor Peters inquired if the cell tower is not used in two years would it be taken down. Mr. Thompson outlined the ordinance. ORDINANCE 032216-13 GRANTING A SPECIAL USE PERMIT FOR A BROADCASTING TOWER (CELL TOWER) APPROXIMATELY 150 FEET IN HEIGHT IN A l-1, LOW INTENSITY INDUSTRIAL, DISTRICT ON A 64.2 ACRE PARCEL LOCATED AT 7014 OLD MOUNTAIN ROAD, HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF DREW PATTERSON (VERIZON WIRELESS AGENT) WHEREAS, Drew Patterson, agent for Verizon Wireless, has filed a petition for a special use permit for broadcasting tower use at 7014 Old Mountain Road (Tax Parcel No. 28.03-01-02.02), in an I-1, low intensity industrial district, in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on January 2, 2016, which was continued to March 1, 2016, because the Commission requested that the Petitioner provide the Commission with additional information; and March 22, 2016 160 WHEREAS, the Planning Commission's public hearing on this matter was resumed on March 1, 2016, the Petitioner having provided the requested information to the Planning Commission; and WHEREAS, the Planning Commission recommends approval of the petition with the condition that the total height of the tower shall not exceed 158 feet; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 22, 2015; the second reading and public hearing on this matter was held on March 22, 2016. NOW, THEREFORE, 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 Drew Patterson, agent for Verizon Wireless, for broadcasting tower use on a 64.62 acre parcel located at 7014 Old Mountain Road (Tax Parcel No. 28.03-01-02.02), in the Hollins Magisterial District, is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approvedwith the following condition: (a) The total height of the tower shall not exceed 158 feet. 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 Bedrosian to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Bedrosian commented between both meetings today, 3:00 p.m. and this meeting at 7:00 p.m. he wanted to thank all the citizens who came out today to see their government in action. This is what it is all about. He appreciate those that took the time. As with every meeting, he wants to continue to strongly urge our partner the United Way to stop funding Planned Parenthood. He brings this up at every meeting because he thinks he has a right. He has held a position on this Board and they are our partner. We use taxpayer funds to help facilitate the United Way. It is amazing that all over the country, citizens are asking their legislatures to stop funding March 22, 2016 161 Planned Parenthood, either directly or indirectly. I strongly urge our partner to stop the funding. We always think this is happening somewhere else and again he reminds the citizens of Roanoke County, right here in Roanoke about 1,000 abortions a year in Roanoke County and about 800 two years ago at Planned Parenthood on Peters Creek Road. He does not have the numbers for 2015, but it is a problem. Next, he would like to move to the maximum rates for real estate, property tax and machinery. As he mentioned before, we have two or three great economic news briefs tonight and one of them was that we sold the library on Rt. 419, $1.5 million roughly. We could think about maybe giving that back to the citizens in a tax break, every $800,000 is a one cent reduction in rate, and give it back to the citizens and let them spend it the way they want. We have been hesitant to do it on the Board because, as we know, government always finds a way to spend everything. In fact, the way we budget is to look at how much money is coming in and then we just spend it all and that is the way we always do it. It is unfortunate because as more money comes in to government, we will always find a way to spend it all. He knows that is the hesitation of giving a reduction in taxes because we will not get that money coming in and we cannot spend it. We as a Board need to decide and have the will to do it. Since he has been on the Board, he thinks we have gone up $12 million in our budget. It is a lot of money. We are saying that something we did last year we absolutely have to do it this year. Our budget goes up over $4 million. We weren’t spending that $4 million last year, but we absolutely have to spend it. How is that? We are spending it because we have it. As we get more prosperous and the economy gets better and assessment start going up and tax revenues starts coming in, we will continue to spend exactly what comes in and he is fearful that over the next few years as we get out of this recession and start moving up we are going to start hitting a $200 million budget and lot of it as we have seen is debt. We spend $8 million a year on interest payments alone. So, he asks the citizens of Roanoke County to start thinking about how their government is spending their money. Supervisor Hooker stated she has three points that we wants to make; her three points of good news. The first point deals with William Byrd High School and some significant things they did in the classroom.Early this fall Caitlin Hartman saw a photograph of Lilly the goat on the Angels of Assisi Facebook page. She asked the Assistant Principal, if the students in Pat Smith’s Engineering Drawing class could use the 3D printer to print some type of device, which would allow Lilly to get around. If you look closely at the picture, she is missing two legs. Angels of Assisi then brought Lilly over so that the students could meet her and then take initial measurements. At that time they had made some Styrofoam modeling to start the process. This was not learning for a test or an SOL or something random. This was a solid learning process and very valuable. The students then took a field trip to Virginia Western Community College to view the technology department and to use their larger 3D printer to start putting together a device to help Lily the goat get around. It was just a really cute, feel good opportunity for the students. A real life opportunity on how to help our community. Moving on, she just wanted to publically congratulate Sherry Meredith who was March 22, 2016 162 awarded Educator of the Year by the Salem Roanoke County Chamber of Commerce! th Mrs. Meredith teaches 4 grade at Ft. Lewis Elementary School and has a wonderful classroom. She stated she just wanted to publically congratulate Mrs. Meredith. Her final point of good news is that she became familiar with the Roanoke Appalachian Trail Club that is a group of volunteers. It was actually founded in 1932 by one of two people who made the Appalachian Trail (AT) happen. The club maintains over 120 miles of Appalachian Trail, including Virginia in its triple crown, Dragons Tooth, McAfee Knob and Tinker Cliffs. Two of those peaks are in her district, the beautiful Catawba District. People are coming from all over the country literally just to hike that section. Thanks in part to the uncredited starring part in “A Walk in the Woods,” McAfee Knob has become especially popular and last year the all-volunteer McAfee Knob Task Force was started with training from the Appalachian Trail Conservancy and the National Park Service and they are doing a lot of great things. One volunteer in particular ends all of her reports, "Best.Job.Ever." In the 311 parking lot, they try to make sure that everyone has water, decent shoes, dogs on leash and that they are heading in the right direction (an amazing number go the wrong way). We alert them that the hike generally takes 4 to 6 hours and involves a significant climb, and if they are backpacking we tell them about water sources, bear alerts, camping restrictions, etc. But the really cool thing about this too is that paid ridge runners are reporting a decrease in trash on the trial, illegal fire rings and lost hikers and that is because of these volunteers. Roanoke County Fire and Rescue also values their help. They also said that as soon as the Roanoke Appalachian Trail Club stopped patrolling last fall, they saw a big uptick in lost hikers requiring rescue. She just wanted to have a shout out to these volunteers for the great things they are doing and what a valuable resource we have in our community. Supervisor McNamara stated it has been a great day and great week for the Roanoke Valley. Some of the things happened in Roanoke County; talking about redevelopment of properties. Other things happening in our neighboring localities; it is the result of what we do together in the valley. The Botetourt site would not be real fabulous without water from the Western Virginia Water Authority and we are happy to do that. We are happy to help our neighbors because what is good for them is good for us. They are equally likely willing to help us in a similar situation. He thinks it is really positive with what we have going on out in the valley at the current time and he looks forward to seeing what the next couple of years brings. Supervisor Peters stated he would like to end the night piggybacking on what Supervisor McNamara just pointed out. It has been a great week, with Eldor being named to the Botetourt site and our friends in Roanoke received information on Deschutes today. We have had three projects here in the County. He applauds these efforts because it just shows what can happen when we come together as a community. He added that he feels it will be very positive and looks for a lot of other new developments in the upcoming months. It will be a great addition to our community and what we are trying to achieve. He added a couple of other things, as we have talked about the budget, he wants to make it clear and for the record that everything we have March 22, 2016 163 on the budget is online. County Administrator has been putting out budget memos and they are also online for the public to review. The last one he sent out was giving an illustration of what has been spent over the last four years of increased revenues and where that money is going. It is allocated to things that the citizens have found to be important and along that line, he commends the Board members on the strategic planning process. It has been a great process and he has enjoyed hearing from the citizens and hearing what is important to them. Hopefully, one of things we have heard a lot about from the focus groups, broadband, he hopes that we began that journey tonight to resolve that infrastructure need that we have heard about from many, many people. Hope everyone has a great night and a safe ride home. IN RE: ADJOURNMENT Chairman Peters adjourned the meeting at 7:37 p.m. Sub itted by: Approved by: 4 ,410_ , , , , // Ural^ Deborah C. Ja j P. Jaso 'eters Chief Deputy Clerk to the Board Chairman March 22, 2016 164 PAGE LEFT BLANK INTENTIONALLY