HomeMy WebLinkAbout8/9/2016 - Regular
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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 second Tuesday and the only
regularly scheduled meeting of the month of August 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 an invocation was given by Pastor
Larry Kessler of Life Church. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Peters called the meeting to order at 3:05 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: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of Western Virginia Emergency Medical Services
(EMS) Council 2016 Regional Award Recipients(Stephen G.
Simon, Chief of Fire and Rescue)
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Recognition was given. In attendance were Executive Director of EMS
Council, Rob Logan; Chief Billy Duff, Excellence Award; Lt. Gray Smith, Educator
Award (Training online); Wayne Guffy, Volunteer Rescue Chief for Vinton, Administrator
of the Year award.
2. Recognition of Roanoke County receiving a Third Place Ranking
in the 2016 National Digital Counties Survey (Bill Hunter, Director
of Communications and Information Technology)
Recognition was given.
3.Recognition of Roanoke County as the winners of four 2016
National Association of Counties (NaCo) Achievement Awards
Program(Bill Hunter, Director of Communications and
Information Technology; Jill Loope, Director of Economic
Development; Jay Brenchick, Economic Development Manager;
David Wray, GIS Manager)
Recognition was given. In attendance were David Wray, GIS Manager;
Jay Brenchick, Economic Development Manager; Joe Zilenski, Economic Development
Specialist; Gary Coleman, GIS Specialist II; Todd Moreland, GIS Specialist II and their
interns.
4. Recognition of Roanoke County as one of the winners in the 2016
Virginia Association of Counties (VACo) Achievement Awards
Program (Bill Hunter, Director of Communications and
Information Technology and David Wray, GIS Manager)
Recognition was given. In attendance were David Wray, GIS Manager;
Darren Jones, GIS Analyst I; Gary Coleman, GIS Specialist II; Todd Booth, GIS Analyst
I; Todd Moreland, GIS Specialist II and interns.
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Roanoke H&R RE, LLLP and Fralin & Waldron
Commercial Rental Limited Partnership to rezone approximately
23.01 acres from PTD with conditions, Planned Technology
Development, District and R-1, Low Density Residential, District
to PTD, Planned Technology Development, District with proffered
conditions on property located in the 1300 block of Electric Road
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and 4000 block of Keagy Road, Windsor Hills Magisterial District.
The proposed proffered conditions include conformance to the
Concept Plan and Elevation Plan, limiting uses, signage, lighting,
and buffers.
Supervisor McNamara’s motion to approve first reading and set the
second reading and public hearing for September 27, 2016, was seconded by
Supervisor Peters and approved by the following vote:
AYES: Supervisor Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
2. The petition of IYS XXII, L.C. to rezone approximately 8.46 acres
from I-1S, Low Intensity Industrial, District with special use permit
to C-2, High Intensity Commercial, District for the operation of
guidance services and general office, located at 5673 Airport
Road, Hollins Magisterial District
Supervisor Peters’ motion to approve first reading and set the second
reading and public hearing for September 27, 2016, was seconded by Supervisor
Hooker and approved by the following vote:
AYES: Supervisor Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
IN RE: FIRST READING OF ORDINANCES
Ordinance reiterating findings as to the Western Virginia Regional
1.
Industrial Facility Authority and authorizing execution of first
Amended and Restated Agreement creating such Authority(Ruth
Ellen Kuhnel, County Attorney)
Ms. Kuhnel outlined the request for ordinance.
Supervisor McNamara asked for clarification on item 3 and the revenue
sharing agreement with Ms. Kuhnel stating it would refer to the participation agreement
and only those participating would be voting.
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Supervisor Peters’ motion to approve first reading and set the second
reading for September 13, 2016, was seconded by Supervisor McNamara and
approved by the following vote:
AYES: Supervisor Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
2. Ordinance approving a lease with Union Bank & Trust Company
to lease 100 square feet in the Roanoke County Building located
at 220 East Main Street in Salem, Virginia (Rob Light, Acting
Director of General Services)
Mr. Light outlined the request for the ordinance.
Supervisor Hooker’s motion to approve first reading and set the second
reading September 23, 2016, was seconded by Supervisor Assaid and approved by the
following vote:
AYES: Supervisor Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
3. Ordinance approving a lease with Union Bank & Trust Company
for 40 parking spaces of a lot located at 200 East Calhoun Street
in Salem, Virginia(Rob Light, Acting Director of General Services)
Mr. Light outlined the ordinance request. Supervisor McNamara inquired
as to the place to replace parking spaces with Mr. Light advising at the corner of
Thompson Memorial and they are on the lookout for more options.
Supervisor Peters asked for clarification as to why attaching to sale. Mr.
Light responded and advised that parking is at a minimum in Salem.
Supervisor McNamara’s motion to approve first reading and set the
second reading September 13, 2016, was seconded by Supervisor Peters and
approved by the following vote:
AYES: Supervisor Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
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4.Ordinance approving the purchase of the Jae Valley Park
Property (Tax Map Numbers 089.00-03-29.01-0000 and 089.00-03-
29.02-0000) from the City of Roanoke and authorizing the
execution of a contract of purchase (Doug Blount. Director of
Parks, Recreation and Tourism; Peter Lubeck, Senior Assistant
County Attorney)
Mr. Blount outlined the ordinance request. Ms. Ruth Ellen Kuhnel, County
Attorney explained the additional properties.
Chairman Peters asked for clarification that we are swapping with
Roanoke City and it is currently privately owned with Ms. Kuhnel responding in the
affirmative.
Chairman Peters asked Wendy Jones – Executive Director of the
Williamson Business Owners Association to come forward for comments. Ms. Jones
confirmed the property owners that hold 5411 Williamson, which is rebranding name
they are using for the parcel and another property next door have been notified by the
City and she has spoken to both of them as well. This is really important piece for
Williamson Road. If you were a prospective developer or purchaser coming into to look
at a property that was split by two municipalities with the small portion of one and a very
large portion of another, it would cause you to pause regardless of the absolutely
fabulous letter she has between both municipalities saying they will work together. It
would give you pause to come in a purchase that property. This is a really important
move for Williamson Road and the City and the County in getting some redevelopment.
This is a redevelopment move in the fact that it allows somebody to come in get
comfortable and do what they need to do and hopefully create jobs for both the City and
County and create better commerce for both because it sits right on the line and will
effect both municipalities. It is her job to be here and encourage the Board to go ahead
and proceed with this.
Supervisor Peters’ motion to approve first reading and set the second
reading September 13, 2016, was seconded by Supervisor Hooker and approved by the
following vote:
AYES: Supervisor Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the relocation of the following polling
places pursuant to Section 24.2-306, 24.2-307 and 24.2-310 of the
Code of Virginia, as Amended: (1) Bonsack Precinct (402); (2)
Catawba Precinct (101)(Judith Stokes, Registrar)
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Ms. Stokes advised there were no changes from first reading. Chairman
Peters opened and closed the public hearing with no citizens to speak on this agenda
item.
ORDINANCE 080916-1 AUTHORIZING THE RELOCATION OF
THE FOLLOWING POLLING PLACES PURSUANT TO SECTION
24.2-306, 24.2-307, AND 24.2-310 OF THE CODE OF VIRGINIA,
AS AMENDED: (1) CATAWBA PRECINCT (101); AND (2)
BONSACK PRECINCT (402)
WHEREAS, Sections 24.2-306, 24.2-307, and 24.2-310 of the Code of Virginia
(1950), as amended, authorize the governing body of each county to establish the
polling place for each precinct in that jurisdiction by ordinance; and
WHEREAS, the citizens of Roanoke County, as well as the election officials, will
be better served by the relocation of certain polling places; and
WHEREAS, the November 8, 2016, Presidential Election will likely result in
increased voter turnout; and
WHEREAS, the election officials have determined that the proposed polling
places will provide more space for voting equipment, higher security to assure citizen
and equipment safety, additional and more convenient parking, and better accessibility
for citizens, not only for November 2016, but for all future elections; and
WHEREAS, the first reading of this ordinance was held on July 19, 2016, and the
second reading of this ordinance and public hearing were held on August 9, 2016.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the relocation of the following polling places be and is hereby
approved as follows:
(1) Catawba Precinct (101) polling place in the Catawba Magisterial
District be relocated from the Catawba Recreation Center located
at 4965 Catawba Creek Road, Catawba, Virginia 24070 to the
Grace Assembly of God Church located at 5530 Catawba Valley
Drive, Catawba, Virginia 24070; and
(2) Bonsack Precinct (402) polling place located in the Vinton
Magisterial District be relocated from Bonsack United Methodist
Church located at 4493 Bonsack Road NE, Roanoke, Virginia
24012 to Bonsack Elementary School located at 5437 Crumpacker
Drive, Roanoke, Virginia 24019 located in the Hollins Magisterial
District, which is within one mile of the precinct boundary as
allowed by state law.
2. That the General Registrar for the County of Roanoke, Virginia is
hereby authorized to take all measures necessary to comply with
Virginia law and regulations regarding a change in a polling precinct
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and for reasonable notification to the voters of this change in their
respective polling location.
3. That the County Administrator and the General Registrar are hereby
authorized and directed to take such others actions as may be
necessary to accomplish the intent of this ordinance.
4. That this ordinance shall take effect immediately.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
IN RE: CONSENT AGENDA
RESOLUTION 080916-2 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for August 9,
2016, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 6 inclusive, as follows:
1. Approval of minutes – May 24, 2016; June 14, 2016; June 28, 2016
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to James Stanley, Police Officer IV, upon his retirement
after thirty-one years of service
3. Resolution donating Railroad Caboose N&W 55734 to the Roanoke Chapter
of the National Railway Historical Society
4. Request to accept and allocate grant funds in the amount of $33,266 from the
Virginia Department of Health for the purchase one heart monitor for use on
ambulances
5. Request to accept and allocate grant funds in the amount of $9,891.50 from
the Virginia Department of Transportation (VDOT) for the improvement of the
drainage system at Tanglewood Drive project
6. Confirmation of appointment to the Roanoke Valley Greenway Commission;
Western Virginia Water Authority
On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor
Peters and carried by the following recorded vote:
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AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
RESOLUTION 080916-2.a EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO JAMES H. STANLEY, JR. , POLICE OFFICER IV, UPON HIS
RETIREMENT AFTER THIRTY-ONE YEARS OF SERVICE
WHEREAS, James H. Stanley, Jr. was employed by Roanoke County on June
15, 1985; and
WHEREAS, James H. Stanley, Jr. retired on July 1, 2016, after thirty- one years
of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Police Officer Stanley served as a Patrol Officer and Detective
during his tenure with Roanoke County and has served with professionalism and
dedication in providing services to the citizens of Roanoke County; and
WHEREAS, during Mr. Stanley’s time serving the citizens of Roanoke County, he
was a deputy sheriff, trained and certified to be a Youth and Family Officer, D.A.R.E
instructor, School Resource Officer, Honor Guard member, Defensive Tactics and
Academy instructor.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
JAMES H. STANLEY, JR.
of Roanoke County to for thirty-one 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, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
RESOLUTION 080916-2.b DONATING RAILROAD CABOOSE
N&W 557734 TO THE ROANOKE CHAPTER OF THE NATIONAL
RAILWAY HISTORICAL SOCIETY
WHEREAS, the Fire and Rescue Department of Roanoke County possesses an
outdated and inoperable railroad caboose, N&W 557734 (the "Caboose"), which is
located at the Roanoke Valley Regional Fire and Rescue Training Center; and
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WHEREAS, the Caboose, in its present condition, presents safety concerns and
cannot reasonably be used for any other public purpose; and
WHEREAS, the Fire and Rescue Department of Roanoke County declares the
Caboose to be surplus property, pursuant to Section 16.01 of the Charter of Roanoke
County; and
WHEREAS, the Director of the Roanoke Chapter of the National Railway
Historical Society ("NRHS"), Steve Smith, has provided a formal, written request for the
donation of the Caboose to the Roanoke Chapter of the NRHS; and
WHEREAS, Section 15.2-953 (B) of the Code of Virginia provides that a
governing body of a County is authorized to make gifts and donations of property to any
charitable institution or not-for-profit organization; and
WHEREAS, the National Railway Historical Society is recognized as a 501(3)(c)
historical and educational organization and is registered with the Internal Revenue
Service (IRS) as a not-for-profit and tax-exempt organization; and
WHEREAS, The Roanoke Chapter of the NRHS is willing and able to remove the
Caboose from its present location and to cover all costs of such removal.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that:
1. Railroad Caboose N&W 557734 is declared to be surplus.
2. The donation of the Caboose to the Roanoke Chapter of the National Railway
Historical Society is hereby authorized.
3. The Roanoke Chapter of the NRHS may remove the Caboose from its
present location within sixty (60) days of the execution of this resolution and
shall cover all costs of such removal.
On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
A-080916-2.c
A-080916-2.d
A-080916-2.e
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Noah Tickle stated our public schools have been down for many, many
years. What are you doing about it, nothing. What governance is doing is demolition of
school buildings that only need good maintenance. Those decisions being made by
those that have never picked up a nail. What governance is doing with their credit-card
mentality throwing taxpayer money as if nails to nail her down, spending tens of millions
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never trying to fix the real problem with an uneducated America. Governance is
building more tens of millions of dollars buildings, brick and mortaring over the real
problems existing within public schools. Millions spent on school buildings as if this is
fix for what is going on inside public schools; delivering an uneducated America. The
love/lust for dollars blinds the real fix for an educated America. Honoring the warm and
fuzzy, touchy feely will destroy and never fix anything. Education requires order. Order
is the duty of governance. When we forget the meaning of words, we return to the
proper dictionary for clarity. Webster’s 1828 is the one to see. Order means to subject
to conduct rules of law, State code and statuance are very clear. Lust of money is no fix
to throwing tens of millions of dollars at buildings in order to cover up the sadness
inside. Governance restoration of order and public schools will bring peace to the
teacher’s classroom. The teacher will again become a real teacher and not a warm and
fuzzy, touchy-feely politically correct nanny babysitter, food mill provider, medicator,
mental doctor appointment keeper giving them to actually teach the students something.
This is what governance should be doing and not throwing tens of millions of dollars at
buildings. The liberty of law enforcement, sheriffs, peace officers, and the educated
public all have foundation to make it so. It is governance’s duty to uphold their oaths of
office backed firmly by law to write this very serious out of chaos inside of these now
tens of millions spent on buildings and not concerning with what is being indoctrinated,
not educated inside.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor McNamara and carried by the following recorded
vote:
AYES: Supervisors Moore, Bedrosian, Church, McNamara Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Capital Reserves
th
At 3:52 p.m. Chairman Peters recessed to the 4 floor for work session.
IN RE: WORK SESSIONS
1. Work session to present the Explore Park Master Plan (Doug
Blount, Director of Parks, Recreation and Tourism)
Mr. Blount went through the Explore Park Vision PowerPoint presentation.
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Supervisor McNamara inquired regarding the ability to run the greenway
through the trails and obtain federal funding with Mr. Blount advising there are some
opportunities and will need coordination of the different area. Supervisor McNamara
inquired why could we not use septic systems, with Mr. Blount explaining the expense
involved with Chairman Peters adding not to mention the DEQ. Mr. Blount advised the
first six years would be water and sewer for the cabins, yurts and mountain bike
facilities.
Supervisor Peter inquired where the closed venture is that is similar to our
plan. Mr. Blount advised there is none, they searched everywhere to do benchmarking.
Chairman Peters stated this was an excellent plan and realistic. He added that he
thinks once it is up and running, the community will enjoy as much as visitors.
Supervisor Hooker commented it was a minimal investment initially and
good success for additional investment; biggest bang for the buck. She added that she
loves the flexibility.
Chairman Peters also commented that once it is accepted and adopted
will received help from the State.
The work session was held from 4:09 p.m. until 4:48 p.m.
Chairman Peters called the evening session back into order at 7:03 p.m.
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Public Hearing for citizen comment and consideration of a
resolution approving and adopting the Roanoke County
Community Strategic Plan(Daniel R. O'Donnell, Assistant County
Administrator)
Chairman Peters opened and closed the public hearing. The following
citizens spoke:
Bill Gorge of 3130 Evergreen stated he was speaking regarding Roanoke
Valley greenways in the Plan. In the strategic plan, it is mentioned twice, briefly on
pages 16 and 24 and that is by no means a criticism of the Plan; it is the nature of a
strategic plan. Most people are here tonight to discuss this plan and their items of
interest boil down to two or three words. He has a point about this because when you
go back and examine the six focal point committees and the extensive work they did
and these focal points have life in our locality here and all sorts of different people
interested and with questions and interest in the greenways. Certainly the greenways
has earned its part in this plan. He has been a volunteer for sixteen (16) years with the
Roanoke Valley Greenways since its inception and have worked closely with all the
various departments and particularly with the County Parks and Rec. He has great
respect for them; they are very good at their job and very conscience and very
responsive to the public and he has certainly enjoyed these years and certainly loves
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what we have. He loves Read Mountain Preserve, Waldron Pond, Green Hill Park and
all of them. We really need more. When you read the focal point hearings, you will see
huge support and interest in the greenways and so he certainly urged the Board to
consider this in its funding and listen to the folks in Parks and Rec. because they are
good at that job and talking to the public and know what is going on.
Frank Simms stated he would like to thank the Board for the opportunity to
express his support for the inclusive of the greenways within the Strategic Plan for
Roanoke County. When he and his wife relocated to Roanoke about thirteen (13) years
ago, one of the major attractions for us were the recreational facilities provided of which
the greenways was one of them. As evidenced by the recent announcement by
Deschutes Brewery locating in the Roanoke area, the greenways were an important
factor in that decision. As a member of the Greenway Pathfinders, he has witnessed
the use of the greenways and associated trails. The positive comments regarding those
amenities and the work accomplished by numerous volunteers in the organizations
involved with the greenways further demonstrate the appreciation that the Roanoke
community as well as those outside the community utilizing the greenways have for the
opportunities afforded to them. As part of his work experience, he was able to visit
numerous cities and communities that focused on providing trails and access along the
waterways passing through those communities. They did so similar to Roanoke in
recognition of their importance to future growth and the vitality of their communities. In
the plan, the greenways are rightly organized as an important feature relative to the
transportation network for the community as well as an integral part of the outdoor
recreation facility that is provided for the Roanoke area. In conclusion, it is important
that Roanoke County continue to support the Greenways, both existing and extensions
planned for the future.
Wendy Jones commented that she had the absolute pleasure of
participating in two different groups; the first group was the Fire and Safety Group and
the second group was the Economic Development Group. She learned a lot out of
these groups, but she thinks the County also learned a lot out of these group. She
stated they thought they were excellent sessions to learn the different needs of the
different areas and for people in the community and businesses in the community to be
heard and better understood. She added that she thought the process that the County
went through to get these goals lined up and everything written down was extremely
clear and extremely well run and wanted to say that she thought people were well heard
and time was taken and if anybody has an argument with that, send them her way.
Joyce Waugh, President of the Roanoke Regional Chamber and Roanoke
County resident, on behalf of the Chamber and over 1,000 members who employ more
than 75,000 people, she wanted to thank the Board for the process that it went through,
that you developed the process for, the Board and Tom Gates and all the County staff
for their vision and hard work who made this community based strategic plan possible.
The County should also be commended for its transparency. There were a number of
public input opportunities, focus groups and surveys as we have heard over the last
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eight months. The community strategic plan highlights the County’s strengths and
identified opportunities to make Roanoke County a better place to live, work, visit, and
play. She was also pleased to see areas in the plan that align with Roanoke Regional
Chamber’s mission to promote, stimulate and improve business. Specifically,
championing workforce development by connecting the business community and
educational resources in our region. Collaborative efforts to insure that we have
transportation and infrastructure funding to meet the prioritized needs of our region.
Support for our regional approach to marketing and branding efforts. Proactive
approach to industrial site development in collaboration with the Western Virginia
Regional Facility Authority. A balanced approach to address burdensome business
regulations and the safe development of projects in Roanoke County. These are just a
few of the examples of promising initiatives in the strategic plan. Other areas include
public safety, neighborhood connectivity, and continued work on quality of life issues
such as greenways, outdoor branding and redevelopment. So, we urge you to approve
and adopt this strategic plan. Thank you again, Board, County Administrator Tom
Gates and County staff on a job well done. The Roanoke Regional Chamber is proud to
support the community strategic plan and look forward to partnering with you during the
implementation process
Fred Corbett thanked the Board for the opportunity to be here. First of all,
he likes the strategic plan and does support. However, he spoke with Mr. McNamara
about this and actually the reason he is here was Dan McDonnell. At one of the
meetings we had at the Library, he was bringing up the fact about small businesses and
business in general in the County and the fact that he hears this quite often from the
business owners about the BPOL tax. He does not think there is a place in the plan for
this and does not want to hold up the Plan for it, but wanted to bring up some things
about the BPOL tax. Those of you are not aware, is it the business professional
occupational license tax. It is based on a business’ gross receipts. He has left each
Board member a package of information because he thought he would give some
homework so they could read more about the information he has dug up and put
together. In the State of Virginia, there is only 47 out of the 95 counties in the State that
have a BPOL tax. It is based on gross receipts of a business so when a business
owner bills out a job or work that he does or charges for a product or item, he is taxed
on that gross receipt. After the fact, then he has to pay his salaries, his material costs,
overhead expenses, everything else after he has paid his business license tax. It would
be fairer if you are going to have this type of tax to be based on net income. For
example, several years ago, he had a loss in his business, he had several people that
owed him money that went bankrupt. He billed out $31,000 that he never got paid for
and had to pay tax on $31,000 that he never received any income off. This is typical of
what other business owners have the same situation. The only county west of Roanoke
is Pulaski County, so as a business owner, he and others are at a competitive
disadvantage. If there are other businesses coming to the Roanoke County to do
services or provide a market or sell items, they do not have to pay this tax unless they
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exceed $25,000 in sales, which they have reported. If they don’t report it, the County
loses the revenue anyway. So, when he is bidding, he has two business, one in
Roanoke County and Roanoke City, against the companies that come from out of the
area, he has to continue to business license tax in his cost of working his bid prices.
They don’t have to consider that so it puts him at an unfair disadvantage. If he lost
money on a job, he still pays the tax, he already mentioned that. When he purchase
materials for a job, he has to pay sales tax. When you pay the sales tax that is a cost of
his doing business, his material costs, so he has to include that in his bid when he gives
the quote. That means he is paying a tax on his tax, which is included in his overall
expenses. He is paying a tax on a tax and he does not think a lot of people consider
that except for business owners. Another thing if you look at the surrounding counties
and if you will do your homework, he would be glad to talk again in the future. The
State Code of Virginia for BPOL tax is 85 pages longs and that tells you how onerous it
is. He also would like to mention one other thing, the County of Fairfax, they are looking
right now because of the Virginia Supreme Court just voted on a situation where they
are going to have to refund businesses that come under this new law or stipulation.
Fairfax is looking to give back $50 million in overpaid business license taxes and they
are worried about where they are going to get the money from, it is going to affect their
bond rating but if you go searching for that you go to Fairfax BPOL taxes and you can
see all the different things about that or go to the Virginia Supreme Court and see the
rulings about that as well. He does not want Roanoke County to be put in a position
where we have businesses say they are going to go back and get refunds on all the
taxes we have paid over the years because of this new ruling by the Supreme Court.
Liz Belcher, the Roanoke Valley Greenway Coordinator commented that
she has lived in Roanoke County since 1979 and in that time she has really seen the
County change and the people in the county changed and she thinks the change is
represented in this strategic plan. We as a community and as a County recognize now
the importance of regional initiatives. We realize that we are no longer an island. We
are no longer just a donut that we need to be part of the community around us. She has
had the opportunity for the last twenty years to work in the Greenway Program and she
thinks that the greenways are an example of many things that are in this strategic plan.
Greenways are providing connectivity, they are providing transportation corridors for
people to get to work without a car. They are providing recreational opportunities. They
are getting people outdoors to support our healthy clean environment and they are
really providing a lot of amenities and economic development. Things like tourism and
development like the River House and the Medical University and things like that and
she thinks that we can see that greenways actually are contributing to almost all the
initiatives that we have outlined in the strategic plan. So, it is not just breweries that
want to be on greenways. Although we have at least one and one more to come. So,
she encourages the Board to support this plan and the initiatives that are in the plan and
like Wendy, she congratulates the County on the process that we went through to
develop this plan and she particularly encourage the Board to finish Roanoke River
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Greenway to our new Explore Adventure Park.
Chairman Peters thanked County Staff and Administrator for a
tremendous job. He added that is it great we now have a road map as to what our
citizens want.
RESOLUTION 080916-3 APPROVING AND ADOPTING THE
ROANOKE COUNTY COMMUNITY STRATEGIC PLAN
WHEREAS, on September 15, 2015, the Board of Supervisors held a retreat to
discuss the development of Roanoke County’s first ever Community Strategic Plan; and
WHEREAS, at the September 15, 2015 retreat, the Board of Supervisors
reached consensus to move forward with the development of such plan; and
WHEREAS, in November and December of 2015 Roanoke County conducted a
statistically valid telephone survey of 604 County residents through the Roanoke
College Institute of Policy Opinion and Research to provide baseline data concerning
issues of strategic concern to the citizenry; and
WHEREAS, on January 31, 2016, the Board of Supervisors held a second retreat
to consider the results of the telephone survey, develop a Vision Statement and affirm
focus areas through which to gather public input; and
WHEREAS, a series of 20 focus group meetings were held between February
and April 2016 in which 276 Roanoke County citizens and regional partners discussed
and reached consensus on the strategic initiatives to be pursued over the next five
years for the community; and
WHEREAS, Roanoke County staff drafted the Community Strategic Plan, held
four Community Meetings to gain further citizen input, and made the draft plan available
for public review between June 3 and July 3, 2016; and
WHEREAS, additional public comments were collected on-line concerning the
content of the draft Community Strategic Plan between June 3 and July 3, 2016; and
WHEREAS, the Board of Supervisors held a work session on July 19, 2016, to
discuss the draft Community Strategic Plan and review the public comments; and
WHEREAS, a public hearing was held on August 9, 2016, to receive additional
public comment on the draft Community Strategic Plan
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County Community Strategic Plan is hereby adopted as
policy by the Roanoke County Board of Supervisors.
2. That the Community Strategic Plan will be utilized by the Board of
Supervisors and County departments, and shared with the County’s regional partners,
to help guide budgetary, project and service delivery decisions over the next five years.
3. That the Resolution is effective from the date of and after its adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
August 9, 2016
372
AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
IN RE: PUBLIC HEARING AND SECOND READINGS OF ORDINANCES
1The petition of Kate Madison Properties, LLC to rezone
.
approximately 0.99 acre from R-1, Low Density Residential,
District to C-1, Low Intensity Commercial, District on property
located at 3746 Colonial Avenue, Cave Spring Magisterial District
(Philip Thompson, Deputy Director of Planning)
Mr. Thompson outlined the request for the rezoning and outlined the
changes. He advised the Planning Commission had approved with the six proffers.
Supervisor Assaid asked Mr. Thompson to explain why this would need to
go through a comprehensive site plan review process. Mr. Thompson advised the
petitioner has to come in and submit a site plan because of the commercial use. If
VDOT required something that was not shown on their plan that would need to be
changed. This would apply to any outside agency, etc.
Supervisor Hooker asked how many customers per day, 15 and how
many vehicles are already on Colonial Avenue with 10,000 vehicles per day the
response from Mr. Thompson.
Chairman Peters asked how many people would be there after hours with
the petitioner responding three.
Chairman Peters opened and closed the public hearing. The following
citizens spoke:
Margaret Sharpe of 3651 Cedar Lane stated she is here tonight as a
homeowner who lives in the subdivision of Green Valley off of Colonial Avenue, not an
individual who just owns a piece of property in the Rt. 419 area. Yes, the property in
question is just behind Promenade Park, but it is facing and does come onto Colonial
Avenue, not onto Rt. 419. At the Planning and Zoning Commission meeting, there were
two statements that were made that she would like to address. The first one was the
fact that if commercial needed to start on Colonial Avenue that this piece of property
would be the best one to choose. Her comeback for that is that it does not have to start
there and it does not need to start now. The second one was the statement that it is
directly across from a business. It is not directly across from a business; it is directly
across from a church, which has been there for over 55 years. There is a commercial
piece of property whose traffic comes out onto Manassas, which does not have another
egress onto Colonial. The main commercial location that is on Colonial has been there,
that group being the footprint was for a family store that was opened by the O’Conner’s
August 9, 2016
373
over 55 years ago and it was a store for people to go to for grocery items you needed
on your way home. Having commercial properties in our backyard is something that
comes up every five or seven years that somebody wants to have a piece of property on
Colonial and the reason is the fact that it is good place to start a business or move to a
business, but having commercial there does not need to be there now. The main thing
that she would ask the Board to remember is that these are good places; they are called
houses and they would make great homes for families in SW County. The children of
these families would go to the Green Valley schools to start with and the County
schools are wonderful schools. She lives in what was her parents’ house. There are
many second generation homes that the people live in them and there are even third
generations. Because of location, it is affordable, the schools are great. The most
current house that she knows of sold in seven hours because it was a family wanting to
live in the Green Valley subdivision. In closing, having more families in our area is a
good idea. Adding additional traffic from businesses this close to an already very
business intersection of Rt. 419 and Colonial is not and she knows there are not a lot of
people here to speak tonight, but they all have priorities and she does not like speaking
in front of people, but this was very important to her and she did not need to be one of
those people who said, “so and so should have shown up at the meeting and talked.”
She needed to say it for herself.
Mark Overstreet of 3835 Thompson Lane stated he is here to address the
issue of someone wanting to turn a home in his neighborhood into a business and
commercial property. He knows that it is just him standing there, but he has had no less
than eight calls in the last two weeks from his neighbors that feel the same that he does.
We cannot in any manner find anything positive that comes from converting a home to a
commercial piece of land. This is part of his neighborhood and the business community
is not welcome nor wanted here. The traffic in this area is extremely heavy and
dangerous and it does not need additional numbers of any kind added to this
intersection. The only question he had was about the paving and it has already been
answered. The existing businesses have been on Colonial Avenue for many years and
have served our neighborhood well, but no more. We don’t want another Brambleton or
Williamson Road on Colonial Avenue. This area on Colonial Avenue has been
residential since the early 1950’s and should remain that way. Again, there is not one
positive thing about changing this home into a business. If these folks need more room,
they certainly can move across the parking lot to another open space in Promenade
Park. It is right next door to them; has better visibility than where they are now and it
also has more room, which is what they are looking for anyway. You could not ask
anymore to improve their business if that is what they are wanting. This home does not
offer any of that, not one thing. The only winner if this property changes is with these
people. It means less rent for them, more money in their pockets and nothing more for
the County or neighborhood. The same scenario arose about five years ago, just three
doors away from this home. The Board at that time flatly rejected the request and we
as neighbors in Green Valley ask that you follow the precedent already in place and
August 9, 2016
374
deny this request. You would not want this business on your street, so why would you
think we would want it on ours.
Elizabeth Able stated she was really nervous and forty years ago (take it
or leave it) as a toddler she lived on Green Valley Road. A lot has changed yet some
has changed the same. Development continues to occur. The reason that she is here
tonight is that she has been a client for over two years. Over those years, she has
learned a lot about Madison, she graduated from Virginia Tech with a Masters, talked to
her mom a lot and understood that her dad did a lot of the work inside: painting and
decorating. We exchanged decorating tips and home improvement things. Her point is
she just did not go in and get a service and leave. She felt like she was building a
relationship. Madison had no idea that she was coming down here tonight. She
thought she would try to come down and show some support. Along Colonial Avenue,
she can understand not wanting to put business in with residential, but it is already
there. There are dental offices, a church, a payroll place, a motorcycle and ATV
Business. Why not welcome someone else that wants to join that has a fantastic
business; hard-working women that are trying to make it that have enough business that
they want to expand. Anyway, she thinks there are winners in this and it would be her
for one, great location and it is in a community. Why not open your arms and welcome
them. There are other businesses there; they are not going away.
Pam Jones stated she lives in Castle Hills, which is just on the other side
of Colonial Avenue and she is opposed to the rezoning. It is a home that is currently
there and she would like it to remain as a home. She also realizes that she is asking a
question that cannot be answered, but what is going to happen with the business in five
years. If it grows as it is growing now, what is it going to look like in five years, what
additional traffic is going to be already added to a heavily traveled road. How are they
going to get in and out of the one-way driveway? So, she is also looking at the future
and what is going to happen with her neighborhood.
Chairman Peters asked Mr. Thompson to clarify for him as he is looking at
the maps. We already have commercial on this corridor, three doors down, correct?
Mr. Thompson responded four doors down correct. There is a string of four or five
parcels further down Colonial that are already zoned C-1 or C-2. Mr. Thompson also
added that this is in conformance with our future land-use plan and it has been that way
since at least 2000.
Supervisor McNamara advised that he does not want Colonial to look like
Williamson also. In his opinion, Paychecks Plus has improved. He added that he thinks
the plan will improve the property. There is a certain degree of protection. By proffering
there are a lot of restrictions; overall beneficial.
Supervisor Hooker commented that she appreciated Supervisor
McNamara’s comment and added this is what our future guide tells us will happen in
this area.
August 9, 2016
375
ORDINANCE 080916-4 REZONING APPROXIMATELY 0.99
ACRES FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT TO
C-1, LOW INTENSITY COMMERCIAL DISTRICT ON PROPERTY
LOCATED AT 3746 COLONIAL AVENUE, CAVE SPRING
MAGISTERIAL DISTRICT (TAX MAP NO. 077.18-03-36.00-0000)
WHEREAS, the first reading of this ordinance was held on June 28, 2016, and
the second reading and public hearing were held on August 9, 2016; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on July 5, 2016; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. The zoning classification of a certain parcel of real estate containing
approximately 0.99 acres, as described herein, and located at 3746 Colonial
Avenue (Tax Map No. 077.18-03-36.00-0000) in the Cave Spring Magisterial
District is hereby changed from the zoning classification of R-1, Low Density
Residential District, to the zoning classification of C-1, Low Intensity
Commercial District, with proffers.
2. The owner of this property has voluntarily proffered in writing the following
conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
A. The property will be developed in general conformance with the concept
plan dated July 28, 2016 and titled Kate Madison Properties, LLC
Concept Plan, with any changes required under the Roanoke County
comprehensive site plan review process.
B. Signage will be installed and maintained as follows:
C. Any freestanding sign shall be limited to brick monument-style, not to
exceed five feet in height and seven feet in width.
D. Any freestanding sign shall only be lit from the ground and shall not cause
glare onto Colonial Avenue or adjacent properties.
E. There shall be no neon signage or electronic message boards on the
property.
F. Landscaping will be installed and maintained as follows:
a. Shrubs shall be planted around the parking area and along the front
building façade as shown on the concept plan.
b. Shrubs shall be planted around the monument style sign as shown
on the concept plan.
c. A 10-foot right of way planting strip shall be installed as shown on
the concept plan.
August 9, 2016
376
d. A Type B buffer yard shall be installed as shown on the concept
plan.
G. No additional portion of the front yard will be paved for parking or any
other purpose.
H. Any lighting installed around the parking area shall be fully-shielded and
no more than three feet in height.
I. Hours of operation will be limited from 7:00 A.M. to 9:00 P.M.
J. The property will have only one entrance onto Colonial Avenue.
3. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or party of ordinances in conflict with the
provisions of this ordinance be, and the same hereby are, repealed. The
Zoning Administrator is directed to amend the zoning district map to reflect
the change in zoning classification authorized by this ordinance.
On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
1. The petition of Stephen Hartman to remove all proffered
conditions from property zoned C-2CS, high intensity commercial
with conditions and special use permit. The property is
approximately 0.459 acre in size and is located at 7637 Williamson
Road, Hollins Magisterial District. The proffered conditions deal
with the use of the property, lighting, screening, signage, and
hours of operation. (Philip Thompson, Deputy Director of
Planning)
Mr. Thompson outlined the request for removal of proffers. Chairman
Peters opened and closed the public hearing with no citizen speaking on this agenda
item.
ORDINANCE 080916-5 REMOVING ALL PROFFERED
CONDITIONS FROM PROPERTY ZONED C-2CS, HIGH
INTENSITY COMMERCIAL WITH CONDITIONS AND SPECIAL
USE PERMIT, LOCATED AT 7637 WILLIAMSON ROAD,
HOLLINS MAGISTERIAL DISTRICT, AND CONTAINING 0.459
ACRE (TAX MAP NO. 027.11.03-11.00-0000)
August 9, 2016
377
WHEREAS, in May 1989, the Board of Supervisors approved a rezoning and
special exception permit for retail sales of watercraft at 7637 Williamson Road, in the
Hollins Magisterial District (Tax Map No. 027.11.03-11.00-0000) (the "Property"), with
eight (8) proffered conditions; and
WHEREAS, of the eight (8) proffered conditions, four (4) deal with the specific
use of recreational vehicle sales, three (3) deal with development issues including
lighting, signage, and buffers, which are addressed in Roanoke County's current zoning
ordinance, and one (1) deals with hours of operation that limit future commercial uses
and are inconsistent with the allowed hours of operation of neighboring businesses; and
WHEREAS, the Property was never used for the purpose of retail sales of
watercraft; and
WHEREAS, the Property has been vacant since 2015; and
WHEREAS, Stephen Hartman purchased the Property in May 2016; and
WHEREAS, Mr. Hartman desires to remove the eight (8) proffered conditions
from the 1989 rezoning of the property; and
WHEREAS, the first reading of this ordinance was held on July 19, 2016, and the
second reading and public hearing were held on August 9, 2016; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 2, 2016; and
WHEREAS, the Roanoke County Planning Commission recommends approval to
remove all the proffered conditions from the property; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. All proffered conditions are removed from the property zoned C-2CS, high
intensity commercial with conditions and special use permit, located at 7637
Williamson Road, in the Hollins Magisterial District, and containing 0.459 acre
(Tax Map No. 027.11.03-11.00-0000).
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 are repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
August 9, 2016
378
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara thanked one final time to everyone who
participated in the Community Strategic Plan. It is kind of tripe, but if you don’t know
where you are going you are not going to get there. He thinks there was an awful lot of
work that went into this plan and thinks it is indicative of the openness and the way that
the plan was developed and prioritized that people felt that their concerns were heard.
He added that he thinks there was a very small percentage that did not believe the
Community Plan matched what was discussed in those meetings and you certainly
never hope for one hundred percent and overall he was very please. We heard today
on another topic a fellow mentioning the BPOL tax and about every four or five years he
makes some sort of comment about Adam Smith, who was an economist in the 1800
and wrote book called, “A Wealth of Nations” and he created the four cannons of
effective taxation. He cannot remember what they all were, but one of them was based
on the ability to pay, which a tax that is based on revenue as opposed to income or
profit certainly fails that particular cannon. Another one is the ease of figuring what that
tax would be and remitting that tax and collecting that tax so a very low transactional
cost. Certainly, the BPOL tax does not fit any of those criteria because you have to
maintain it in multiple jurisdictions. It is one of our highest he thinks uncollected
percentage wise type of account to our type of tax. The American Institute of Certified
Public Accountants went on and created five or six more categories of an effective tax.
This is all before the politicians get involved. He thinks it failed about half of those
requirements. The issue you have is that it generates about $8 million a year for
Roanoke County, so if you get rid of it, what are you going to cut or replace it with. It
does not mean it shouldn’t be a priority that we try to get to on this Board. We went
after, he thinks he is the only one on the Board that pays the BPOL tax and actually
thinks he has paid it to Counties that are not on the list. So, there might be more than
47 counties, because he is almost positive he has paid it to Franklin County but it has
been a number of years since he has had a business down there so he could be wrong,
but it is certainly something that as a Board we have gone after machinery and tools,
which again is another tax. It is not based on profit, it falls into the same type of
category as BPOL. It does not necessarily make us business friendly so we have
started to go after that tax, but thinks the gentleman’s comments are worth serious
consideration.
Supervisor Peters again making the same comments as Supervisor
McNamara, we do appreciate all the help and support that we have received not only
from the community with the Strategic Plan, but Dan O’Donnell who has been
instrumental with that whole process, digesting all the information from the focus
groups. He appreciates everything he has done and with that said he wants to tell
everyone how much he appreciates staff and hopes everyone has a good night.
August 9, 2016 379
IN RE: ADJOURNMENT
Chairman Peters adjourned the meeting at 7:53 p.m.
Su., itted by: Approved by:
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Deborah C. :cir P. Jas. Peters
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August 9, 2016
380
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