HomeMy WebLinkAbout12/20/2016 - Regular
December 20, 2016
487
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 December 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 Dr.
Chris Cadenhead, Senior Pastor of Bonsack Baptist Church. The Pledge of Allegiance
was recited by all present.
IN RE: CALL TO ORDER
Chairman Peters called the meeting to order at 3:04 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. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Judith G. Stokes, Registrar,
upon her retirement after more than twelve (12) years of service
(Thomas C. Gates, County Administrator)
All Board members thanked and congratulated Ms. Stokes for her service
and her retirement.
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RESOLUTION 122016-1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
JUDITH G. STOKES, REGISTRAR, UPON HER RETIREMENT
AFTER MORE THAN TWELVE (12) YEARS OF SERVICE
WHEREAS, Judith G. Stokes was employed by Roanoke County on November
15, 2004; and
WHEREAS, Ms. Stokes will retire on January 1, 2017, after twelve years and
two months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Ms. Stokes tenure as Registrar, she has served with
professionalism and dedication in providing services to the citizens of Roanoke County;
and
WHEREAS, during Ms. Stokes time with Roanoke County she implemented the
successful use of touch screen voting equipment mandated by the Commonwealth of
Virginia as well as electronic poll books, and most recently the state ordered system of
voting equipment which utilizes paper ballots with optical scanners.
She maintained and trained a staff of 300 officers of election while often
conducting as many as five elections in a given year.
She encouraged voter registration and participation in the County which
increased the rolls to 69000.
Her legacy in the County will live on long after her departure from active service.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
JUDITH G. STOKES
of Roanoke County to for more than twelve 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 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
IN RE: BRIEFINGS
1. Briefing to update the Board of Supervisors on the Mountain
Valley Pipeline project (Richard Caywood, Assistant County
Administrator)
The briefing was given. Mr. Caywood introduced May Beyer, who is a
member of the Pipeline Advisory Committee.
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Supervisor McNamara suggested this item be added to our Legislative
Agenda items.
Supervisor Bedrosian commented he voted against it because he does
not have a problem with the Pipeline and the first was just an opposition. Property
rights is his biggest thing and he has issues with this aspect.
IN RE: NEW BUSINESS
1. Resolution approving recommendations from the Pipeline
Advisory Committee for filing with the Federal Energy Regulatory
Commission Roanoke County's comments on the Mountain Valley
Project Draft Environmental Impact Statement (Richard Caywood,
Assistant County Administrator)
There was no discussion.
RESOLUTION 122016-2 APPROVING RECOMMENDATIONS
FROM THE PIPELINE ADVISORY COMMITTEE FOR FILING
WITH THE FEDERAL ENERGY REGULATORY COMMISSION
ROANOKE COUNTY'S COMMENTS ON THE MOUNTAIN
VALLEY PROJECT DRAFT ENVIRONMENTAL IMPACT
STATEMENT
WHEREAS, on November 10, 2015, the Roanoke County Board of Supervisors
authorized County staff to file the necessary motion to intervene with the Federal
Energy Regulatory Commission in the Mountain Valley Pipeline proceedings; and
WHEREAS, on September 16, 2016, the Federal Energy Regulatory
Commission issued the project’s Draft Environmental Impact Statement; and
WHEREAS, the Federal Energy Regulatory Commission has indicated that it
intends to issue the Final Environmental Impact Statement on March 10, 2017, which
will initiate the 90-day Federal Authorization Decision Deadline ending on June 8, 2017;
and
WHEREAS, the issuance of the Draft Environmental Impact Statement
represents one of Roanoke County’s last significant opportunities to provide input to the
Federal Energy Regulatory Commission on the Mountain Valley Pipeline Project; and
WHEREAS, the Draft Environmental Impact Statement’s findings and
conclusions regarding certain impacts of the proposed project are not based on
substantial evidence in the record and lack supporting documentation; and
WHEREAS, the Draft Environmental Impact Statement does not adequately
consider alternative mitigation measures that would better mitigate or avoid the
environmental impacts of the projects, including wetland crossings and the crossing of
the Roanoke River; and
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WHEREAS, the Draft Environmental Impact Statement does not address all
reasonably foreseeable facilities needed for the project or the cumulative impacts of the
project; and
WHEREAS, the Draft Environmental Impact Statement does not provide an
adequate basis for verifying compliance with Nationwide Permit 12 (NWP-12) or the
Clean Water Act (CWA) section 404(b)(1) guidelines nor does it satisfy the Forest
Service’s obligation to comply with the National Environmental Policy Act (NEPA) prior
to amending the land resource and management plan; and
WHEREAS, the Federal Energy Regulatory Commission did not provide
adequate avenues for the dissemination of information to the public nor did it provide an
opportunity for true and open public comment and discussion related to the Draft
Environmental Impact Statement; and
WHEREAS, under the Natural Gas Act, the Federal Energy Regulatory
Commission is responsible for compiling the “consolidated record” which serves as the
basis for final decision making by the Federal Energy Regulatory Commission and other
regulating agencies; and
WHEREAS, the Federal Energy Regulatory Commission has broad authority to
require the project record to be presented in a manner that is transparent and
reasonably accessible to County Staff, the Roanoke County Pipeline Advisory
Committee, and the public; and
WHEREAS, the Roanoke County Pipeline Advisory Committee met on
December 12, 2016 to review these matters.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Roanoke, that the Board of Supervisors accepts the recommendations of the
Pipeline Advisory Committee as presented on December 20, 2016, and directs staff to
take the following action:
1) To file with the Federal Energy Regulatory Commission, in consultation with
outside counsel, an appropriate motion detailing Roanoke County’s
comments and concerns with the inadequacies of the Draft Environmental
Impact Statement and its incomplete nature with lack of detail.
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
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IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Kimberly J. Bolden (Triple J Farm Events, LLC) to
obtain a Special Use Permit in a AG-1, Agricultural/Rural Low
Density, District and AG-3, Agricultural/Rural Preserve, District for
the operation of a special events facility on approximately 14.954
acres, located at 5198 Blacksburg Road, Catawba Magisterial
District
Supervisor Hooker’s motion to approve first reading and set the second
reading and public hearing for January 24, 2017, was seconded by Supervisor
McNamara and approved by the following vote:
AYES: Supervisor Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
2. The petition of Henry L. Bennett, IV to rezone approximately 0.67
acre from AR, Agricultural/Residential, District to AV,
Agricultural/Village Center, District, located at 10102 Bent
Mountain Road, Windsor Hills Magisterial District
Supervisor McNamara’s motion to approve first reading and set the
second reading and public hearing for January 24, 2017, was seconded by Supervisor
Hooker and approved by the following vote:
AYES: Supervisor Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
3. The petition of Property Catalyst Group to obtain a Special Use
Permit in an I-1, Low Intensity Industrial District for the
construction of a mini-warehouse facility on approximately 3.97
acres located at the intersection of Plantation Road and Hitech
Road, Hollins Magisterial District
Supervisor Bedrosian’s motion to approve first reading and set the second
reading and public hearing for January 24, 2017, was seconded by Supervisor Peters
and approved by the following vote:
AYES: Supervisor Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
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IN RE: SECOND READING OF ORDINANCES
1. Ordinance amending Chapter 21, Article III, Section 21-39 of the
Roanoke County Code, requiring tax exempt entities to
reestablish eligibility for tax exempt status of real property on a
triennial basis; and enacting a new Chapter 21, Article II, Section
21-23, requiring tax exempt entities to reestablish eligibility for tax
exempt status of personal property on a triennial basis (Peter
Lubeck, Senior Assistant County Attorney)
Mr. Lubeck advised the only change from the first reading was a change in
wording from “may to shall”, under subsection B, which would leave it to the discretion
of the Commissioner of the Revenue and added flexibility to the process. Supervisor
Bedrosian stated he wanted clarification because he always wants to make sure that we
are treating everybody equally. Why would it be may and not shall? Mr. Lubeck stated
they felt this was consistent with the Code of Virginia where it is discretionary for the
County to enact such an ordinance, giving the Commissioner of Revenue the authority
to require tax-exempt entities to submit their renewal application. In this case, it would
give the Commissioner discretion in reviewing the entities whether it would be prudent
in any particular year to notify that entity that they do need to provide the application to
the Commissioner. Supervisor Bedrosian then stated so the Commissioner can favor
one over the other. They may request that somebody get that paperwork to them or
they have given notice or may not give notice. Mr. Lubeck stated he understands that is
a valid concern; we would be placing trust in our Commissioner of the Revenue to
exercise wise discretion. In reviewing this matter, staff felt that this would be
appropriate in so far as the Commissioner of the Revenue is an independent
constitutional officer. It would not be a good position to place the Commissioner in
where we are compelling her to do something without providing a way to enforce.
Supervisor Bedrosian then questioned why she would not want to enforce this equally.
Mr. Lubeck stated it would be in her discretion to do so. One example that was raised is
where there has been church that has had no change that has been noticed with regard
to any of its personal property or its real estate or whether it would be a wise use of the
Commissioner’s time to send out the application notice and would it be a wise use of the
Church’s time to submit all of the paperwork required. The question is whether or not to
make each and every entity submit that renewal application. Supervisor Bedrosian
commented he had some issues with that; we are going to make it a requirement of
somebody and we think it might be onerous to do it to everybody, then just don’t put it in
there at all. The other thing that he was going to ask is that he thought they discussed
last week, but maybe not this part, he was thinking about requiring tax-exempt entities
to now have to list all personal property and that wasn’t what this was really saying.
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This was really saying that any entity that applied to become tax exempt, it wasn’t a
standard entity like a church, but maybe one of the ones we have given the right to
become tax exempt or the State has; those entities and only those entities would have
to list personal property items and churches would not. Mr. Lubeck apologized for any
miscommunication, this would empower the Commissioner of Revenue to request any
tax-exempt entity to submit this renewal application, so it could involve all entities that
are tax exempt by classification, by the General Assembly as well as those entities that
have been designated by this body. Supervisor Bedrosian stated, so we are saying by
doing this, real estate will now be every three years and entities that are normally tax
exempt, standard tax-exempt churches have never had to itemize personal property
before. Mr. Lubeck responded that is correct. Supervisor Bedrosian stated what he has
an issue is with adding another layer, and some may say as we did last time,
businesses have always had to do this. Just because we are forcing one group to do it,
why don’t we do away with it or make it easier for them and not bring to another whole
group. When we talk about churches, that is when he knows specifically, or schools
and they would have to start taking time to itemize every piece of personal property,
may or shall or may not, whatever, it is ambiguous and they are going to have to start
doing this. Mr. Lubeck responded that is correct, if the Commissioner of the Revenue
deems it prudent. Supervisor Bedrosian stated he did not like that at all. We have to
totally trust the Commissioner and it may be totally fair, but once you put something into
law, it should be the same for everybody so he does not like the “may” stuff and
expanding this now so if someone wants to get tough with them, they will have to
itemize every single piece of personal property they have and explain the use of it. Mr.
Lubeck responded in the affirmative. Supervisor Bedrosian stated he would not be
voting in the affirmative on this. He was really thinking that was not what this meant;
that it was for those institutions that apply to be tax exempt, and we have several
examples of ones in Roanoke, by the Board or the State, those institutions because
they are not naturally tax-exempt, they would constantly have to show personal property
and itemize it. Supervisor Peters stated if an organization is already tax exempt, why
would we require them to itemize all the personal property when they are under a
religious umbrella anyway that protects them under a tax exempt status. Mr. Lubeck
responded that earlier this morning when he reviewed the change with staff in the
Commissioner of the Revenue’s office, they specifically discussed an item that came
under scrutiny this year, a church had continued to expand their property and acquired
other residences and had rented it out to a Pastor or someone else. The Commissioner
would just like to have the capability to ask for information about what is this new
property that has been acquired by the church being used for and the personal property
that is also being used in conjunction with the real estate. If they find that the real
estate for these classified entities is exempt then most definitely the personal property
would be exempt as well. Supervisor Peters stated that poses the question to him if a
church decided to buy up an entire block and continue to rent the houses out, do you
know if this is now being considered tax-exempt just because it was purchased by the
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church? Mr. Lubeck stated that without a specific example, the Commissioner would
want to know that and he would anticipate that the Commissioner would not consider
that if it is rented out for commercial purchases, to individuals, members of
congregations and that should not be tax exempt.
Supervisor Bedrosian stated that seems far, if you are a church and
you rent out property, but the personal items are a totally different question. However, if
the facility itself is already tax exempt, it seems like everything under that roof should be
tax-exempt; when we couple it with the “may or shall” thing and then we really open up
the opportunity where we pick and choose institutions that we want to look at or maybe
not look at or whether it is exempt or not exempt and if we are giving the real estate the
exemption that should be it.
Ms. Ruth Ellen Kuhnel, County Attorney, stated Supervisor Bedrosian
came and met with her office concerning this and also noted that Ms. Horne is out sick
today. Mr. Lubeck did the interface between the offices and when Supervisor Bedrosian
met with her, his concern was the compulsion, the “shall.” Supervisor Bedrosian stated
that was not in their conversation because they had not changed it yet. The question
that he has is why would we tax personal property or have an entity that was tax-
exempt as an institution and now go in and look at their personal property itemized for
taxes. Ms. Kuhnel stated she believed that was a valid point and we believe if you left
the “shall” in there, then theoretically the Commissioner of the Revenue would have an
affirmative duty to go in there and make everybody, i.e. churches that have not changed
their practice or even have shrunk, which makes no sense that we would make them
itemize everything they have. This is what gives them discretion. She added that she
understands what he is saying about picking or choosing. The Commissioner of the
Revenue has a great latitude in tax paying entities. They have investigatory powers and
they are constantly asking for more information. We are talking about a practical effect.
If we put the “may” in there, then they are only going to ask for more information when
they may have information that they have expanded their property or they may have put
in a daycare. They base it upon information that they have gleaned, just like they do
with taxable entities. So, this really solves what you told me was one of your concerns,
which she believes was a valid concern. We don’t want to be sweeping through
Roanoke County and all of a sudden creating an administrative nightmare for churches,
schools and hospitals that have never had to do this. This is more aligning her office
with the practical way she manages how she looks at taxable income. It gives her
discretion.
Supervisor Bedrosian stated so if a tax-exempt entity now expands, i.e.
adds a nursery, etc. that is another piece of real estate. Ms. Kuhnel stated maybe or
maybe not, it could be on their own real estate that they already own that they put in a
restaurant.
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Supervisor Bedrosian stated so we would look at the real estate to determine whether it
was exempt or not. He stated his concern that is a change and he understands, if you
are putting a restaurant, Jacuzzi, etc. and moving from a real estate tax exempt to really
not tax exempt, he understands; total change and we need to relook. But, that is not
what this says, so it concerns him. He does not want to trust the fact that somebody is
going to do the right thing. The law should be the law for everybody and he always gets
concerned. We say they would not do it to an institution that has been here, then say it.
Well, we cannot put it in writing. If the exclusion was the property is the same, why
should you have to do this? He went out and talked to several churches and posed the
question of what do they do now and they told him and he then asked what would this
do. It is obvious, we don’t want to do that and take all the time to do this. Ms. Kuhnel
stated in the converse, if we don’t have it in there, which is consistent with the State
Code, the Commissioner does not even have the right to ask for that information. So, if
we don’t have it in our County Code, we are not affording ourselves of one more avenue
of taxable property that the Commissioner might want to look at. Supervisor Bedrosian
stated he is just trying to say we should separate real estate from personal property. If
the real estate is exempt, he just does not want to interfere with that.
Supervisor Peters stated that is the clarification that he is looking for. He
does not have his head wrapped around everything. The question he has is if the real
estate has been deemed to be tax exempt, for real estate, does staff then make them
go through the process of personal property. To him, that just seems like a huge waste
of resources. Mr. Lubeck responded in speaking with the Commissioner’s office this
morning, their take was if the real estate itself is tax exempt then there is no reason for
concern and we will not need to get into personal property. Supervisor Peters inquired
if that was in writing. Mr. Lubeck stated this would give them the discretion to do that.
Supervisor McNamara stated first we are making it sound like it is a huge,
huge job for somebody to list their personal property. It should not be. They should
have schedules now whether they are tax exempt or not tax exempt. They have
schedules of personal property. They should do inventories; personal property
disappears. The fact that they just buy stuff and forget about it and don’t have any
records and we are going to make them go create all these records is not accurate. If it
is accurate then good because they need to have these records. Secondly, the only
thing this is trying to do is give the Commissioner and opportunity to tax what is really
taxable. No one is for taxes, but everyone is for a fair application of our laws and if they
are doing no tax-exempt activities with some of their personal property, this allows the
Commissioner to properly tax them. So, we are making it a lot bigger job for someone
to make a list of their personal property when they should have it to begin with. If we
don’t force them to give it to us, they will just hide behind that status and what about the
restaurant they are running for all the people that are coming to visit people in the old-
age home. Well, we don’t have any property in there. So, that is was this is really all
about?
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Supervisor Bedrosian stated but they have altered their business that they
should not be given tax-exempt status because that is not what they are in business for.
Supervisor Peters stated but if it is on the tax-exempt property and did not
change the deed structure of that property and then open a restaurant on the corner. If
he understands this correctly, right now we cannot ask for anything. Mr. Lubeck
responded staff could ask with regard to the real estate itself, but we are not
empowered to ask for any information with regards to the personal property.
Supervisor Bedrosian stated so if they open a restaurant, a portion of the
facility is now not tax-exempt; he has that now and is all for that because that is a
change of what they are using it for, the purpose. Going back to the question about
inventory, if we are going to ask people to list their property, we are probably going to
ask them what they are using the personal property for. If all you are wanting to know is
the use of that personal property because that would be how you would take it or not. If
he has a van, you are going to know why you have a van for the church and what are
you using it for; charitable or something else. It is not going to be listing inventory as
the Supervisor from Windsor Hills noted, it is going to be a list of inventory, explanation
of inventory and we are going to get into all kinds of things if we are going to use it for
what we are saying. If the reason we want to know why you have an automobile, we
are not going to be okay just to list the automobile, the next question will then be what
are you using it for, then verification. Plus on top of that, it will be at the discretion of the
Commissioner or whether they do that or not. He just does not agree with it.
Ms. Kuhnel stated is it not at the discretion of a person, but at the
discretion of a Constitutional Office. She has certain powers that are synonymous with
this in the taxable world.
Supervisor Bedrosian reiterated that we would be leaving it to the
discretion of a person. Ms. Kuhnel stated she has wide discretion for information for
taxable entities, so it is not inconsistent with what she already does with other
companies.
Supervisor Bedrosian reiterated the big issue he has is that we are
creeping into another area; real estate is fine and now we are delving further in,
personal property, for entities that are already tax exempt, nothing has changed and
now we will be asking for inventory, why you use it. He just does not agree with it.
Supervisor Hooker stated there was a portion of this where we are just
coming into compliance with State Code with Mr. Lubeck responding in the affirmative.
Mr. Lubeck stated the portion we are coming into compliance with is the State Code
allows the local bodies to enact ordinances to require tax exempt entities to file
applications every three years to clarify whether real estate and or personal property
should be tax exempt. Supervisor Hooker stated that is what really triggered this whole
discussion. Mr. Lubeck stated our local ordinance, at present, stated the Commissioner
of Revenue shall do it every two years, with regard to real estate and does not state
anything with regards to person property. This is an update to bring our local ordinance
in compliance and consistent with the State.
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Supervisor Bedrosian stated he would like to go back to the institutions
that he spoke with before to correct his understanding of this ordinance. The Board
works for the community and they are supposed to be telling us how to govern and he
thinks in this case we are doing something that a lot of people would not appreciate us
doing. He asked for clarification that the State says we would do this triennially based
on real estate and/or personal property. So, we don’t have to do it on both? Mr. Lubeck
read the State Code, Section 58.1-3605 of the Code of Virginia entitled Triennial
application for exemption; removal by local governing body, the first paragraph states,
“The governing body of any county, city or town, after giving sixty days' written notice,
may require by local ordinance any entity, except the Commonwealth, any political
subdivision of the Commonwealth, or the United States, which owns real and personal
property exempt pursuant to this chapter to file triennially an application with the
appropriate assessing officer as a requirement for retention of the exempt status of the
property. Such application shall show the ownership and usage of such property and
shall be filed within the next sixty days preceding the tax year for which such exemption,
or the retention thereof, is sought.”
Supervisor Bedrosian then asked if the State required the mandatory filing
on personal property with Mr. Lubeck responding negatively and stating again this is
discretionary by local ordinance.
Supervisor Bedrosian moved to table this item until our January 10, 2017,
meeting; Supervisor Peters seconded the motion because he has some questions he
would also like to have answered and approved by the following vote:
AYES: Supervisor Bedrosian, Hooker, Peters
NAYS: Supervisor Assaid, McNamara
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance accepting the conveyance of sixteen (16) parcels of
unimproved real estate to the Board of Supervisors, for the
extension of Ivyland Road, Vinton Magisterial District (David
Holladay, Planning Administrator)
Mr. Holladay advised there were no changes from the first reading.
Chairman Peters opened and closed the public hearing with no citizens to
speak on this agenda item. There was no discussion.
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ORDINANCE 122016-3 ACCEPTING THE CONVEYANCE OF
SIXTEEN (16) PARCELS OF UNIMPROVED REAL ESTATE TO
THE BOARD OF SUPERVISORS, FOR THE EXTENSION OF
IVYLAND ROAD, VINTON MAGISTERIAL DISTRICT
WHEREAS, sixteen (16) adjacent land owners desire to donate portions of their
property in fee simple to the County of Roanoke for right-of-way purposes to improve
the roadway and construct a cul-de-sac at the terminus of Ivyland Road as part of
Roanoke County’s Rural Addition Project funded in partnership with the Virginia
Department of Transportation (VDOT); and
WHEREAS, Sharon E. Starkey; William T. and Melanie J. Cassel; Russell N.
Poindexter; Delores Poindexter, Tony Reid Poindexter, Douglas C. Poindexter, Jr.,
Linda Poindexter Moyer, Judy Paulette Roberts, and Ricky Lee Poindexter; Dacal-
Teijeiro Properties, LLC; Russell N. Poindexter; Bruce L. Leftwich; Kenneth H. Roberts,
Ruth Roberts Wharton Jordan, and Deborah H. Pulley; John N. Leffell and Melissa R.
Leffell; Angela Ann Taylor, Dorothea Christina Taylor, and Carolyn P. Barlow; Anthony
D. Preston and Annie H. Preston; Dorothea Christina Taylor and Carl H. Legans;
Victoria M. Poindexter; Frank H. English and Sylveria K. English; Douglas C. Poindexter
and Cheryl R. Poindexter; and Tony R. Poindexter have freely and voluntarily executed
deeds conveying portions of their properties to the Board of Supervisors of the County
of Roanoke, Virginia, thus allowing the Board of Supervisors to obtain ownership of the
property required for purposes of road construction upon approval of this ordinance and
recordation of the deeds; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that
conveyance of real estate interests to the County of Roanoke be accomplished by
ordinance; the first reading of this ordinance was held on December 6, 2016, and the
second reading and public hearing was held on December 20, 2016.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the donation from Sharon E. Starkey of approximately 0.0006 acre of
real estate for purposes of location and construction of Ivyland Road as shown on
exhibit entitled “Exhibit A” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by SHARON E. STARKEY,Roanoke County tax map
parcel#80.03-01-15.00,situated along Ivyland Road, Vinton Magisterial District,
Roanoke County, Virginia, dated June 24, 2016, is hereby authorized and approved.
2. That the donation from William T. and Melanie J. Cassel of approximately
0.0033 acre of real estate for purposes of location and construction of Ivyland Road, as
shown on exhibit entitled “Exhibit B” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by WILLIAM T. AND MELANIE J. CASSEL, Roanoke
County tax map parcel #80.03-01-14.00, situated along Ivyland Road, Vinton
Magisterial District, Roanoke County, Virginia, dated June 24, 2016, is hereby
authorized and approved.
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499
3. That the donation from Russell N. Poindexter of approximately 0.0047
acre of real estate for purposes of location and construction of Ivyland Road, as shown
on exhibit entitled “Exhibit C” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by RUSSELL N. POINDEXTER, Roanoke County tax
map parcel #80.03-01-13.00, situated along Ivyland Road, Vinton Magisterial District,
Roanoke County, Virginia, dated June 24, 2016, is hereby authorized and approved.
4. That the donation from Delores Poindexter, Tony Reid Poindexter,
Douglas C. Poindexter, Jr., Linda Poindexter Moyer, Judy Paulette Roberts and Ricky
Lee Poindexter of approximately 0.0382 acre of real estate for purposes of location and
construction of Ivyland Road, as shown on exhibit entitled “Exhibit D” showing right-of-
way being conveyed to Board of Supervisors, Roanoke County by DELORES
POINDEXTER, TONY REID POINDEXTER, DOUGLAS C. POINDEXTER, JR., LINDA
POINDEXTER MOYER, JUDY PAULETTE ROBERTS and RICKY LEE POINDEXTER,
Roanoke County tax map parcel #80.03-01-12.00 situated along Ivyland Road, Vinton
Magisterial District, Roanoke County, Virginia, dated June 24, 2016, is hereby
authorized and approved.
5. That the donation from Dacal-Teijeiro Properties, LLC of approximately
0.0433 acre of real estate for purposes of location and construction of Ivyland Road, as
shown on exhibit entitled “Exhibit E” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by DACAL-TEIJEIRO PROPERTIES, LLC, Roanoke
County tax map parcel #80.03-01-11.00, situated along Ivyland Road, Vinton
Magisterial District, Roanoke County, Virginia, dated June 24, 2016, is hereby
authorized and approved.
6. That the donation from Russell N. Poindexter of approximately 0.0336
acre of real estate for purposes of location and construction of Ivyland Road, as shown
on exhibit entitled “Exhibit F” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by RUSSELL N. POINDEXTER, Roanoke County tax
map parcel #80.03-01-10.00 situated along Ivyland Road, Vinton Magisterial District,
Roanoke County, Virginia, dated June 24, 2016, is hereby authorized and approved.
7. That the donation from Bruce L. Leftwich of approximately 0.0321 acre of
real estate for purposes of location and construction of Ivyland Road, as shown on
exhibit entitled “Exhibit G” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by BRUCE L. LEFTWICH, Roanoke County tax map
parcel #80.03-01-09.00 situated along Ivyland Road, Vinton Magisterial District,
Roanoke County, Virginia, dated June 24, 2016, is hereby authorized and approved.
8. That the donation from Kenneth H. Roberts, Ruth Roberts Wharton Jordan
and Deborah H. Pulley of approximately 0.0719 acre of real estate for purposes of
location and construction of Ivyland Road, as shown on exhibit entitled “Exhibit H”
showing right-of-way being conveyed to Board of Supervisors, Roanoke County by
KENNETH H. ROBERTS, RUTH ROBERTS WHARTON JORDAN, AND DEBORAH H.
PULLEY, Roanoke County tax map parcel #80.03-01-08.00, situated along Ivyland
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Road, Vinton Magisterial District, Roanoke County, Virginia, dated June 24, 2016, is
hereby authorized and approved.
9. That the donation from John N. Leffell and Melissa R. Leffell of
approximately 0.0835 acre of real estate for purposes of location and construction of
Ivyland Road, as shown on exhibit entitled “Exhibit I” showing right-of-way being
conveyed to Board of Supervisors, Roanoke County by JOHN N. LEFFELL AND
MELISSA R. LEFFELL, Roanoke County tax map parcel #80.03-01-06.00, situated
along Ivyland Road, Vinton Magisterial District, Roanoke County, Virginia, dated June
24, 2016, is hereby authorized and approved.
10. That the donation from Angela Ann Taylor, Dorothea Christina Taylor and
Carolyn P. Barlow of approximately 0.0189 acre of real estate for purposes of location
and construction of Ivyland Road, as shown on exhibit entitled “Exhibit J” showing right-
of-way being conveyed to Board of Supervisors, Roanoke County by ANGELA ANN
TAYLOR, DOROTHEA CHRISTINA TAYLOR, AND CAROLYN P. BARLOW, Roanoke
County tax map parcel #80.00-02-17.00, situated along Ivyland Road, Vinton
Magisterial District, Roanoke County, Virginia dated June 24, 2016, is hereby
authorized and approved.
11. That the donation from Anthony D. Preston and Annie H. Preston of
approximately 0.0395 acre of real estate for purposes of location and construction of
Ivyland Road, as shown on exhibit entitled “Exhibit K” showing right-of-way being
conveyed to Board of Supervisors, Roanoke County by ANTHONY D. PRESTON AND
ANNIE H. PRESTON, Roanoke County tax map parcel #80.03-01-05.00 situated along
Ivyland Road, Vinton Magisterial District, Roanoke County, Virginia, dated June 24,
2016, is hereby authorized and approved.
12. That the donation from Dorothea Christina Taylor and Carl H. Legans of
approximately 0.0579 acre of real estate for purposes of location and construction of
Ivyland Road, as shown on exhibit entitled “Exhibit L” showing right-of-way being
conveyed to Board of Supervisors, Roanoke County by DOROTHEA CHRISTINA
TAYLOR AND CARL H. LEGANS, Roanoke County tax map parcel #80.03-01-03.00
situated along Ivyland Road, Vinton Magisterial District, Roanoke County, Virginia,
dated June 24, 2016, is hereby authorized and approved.
13. That the donation from Victoria M. Poindexter of approximately 0.1197
acre of real estate for purposes of location and construction of Ivyland Road, as shown
on exhibit entitled “Exhibit M” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by VICTORIA M. POINDEXTER, Roanoke County tax
map parcel #80.00-01-02.00, situated along Ivyland Road, Vinton Magisterial District,
Roanoke County, Virginia, dated June 24, 2016, is hereby authorized and approved.
14. That the donation from Frank H. English and Sylveria K. English of
approximately 0.0501 acre of real estate for purposes of location and construction of
Ivyland Road, as shown on exhibit entitled “Exhibit N” showing right-of-way being
conveyed to Board of Supervisors, Roanoke County by FRANK H. ENGLISH AND
SYLVERIA K. ENGLISH, Roanoke County tax map parcel #80.03-01-01.01, situated
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501
along Ivyland Road, Vinton Magisterial District, Roanoke County, Virginia, dated June
24, 2016, is hereby authorized and approved.
15. That the donation from Douglas C. Poindexter and Cheryl R. Poindexter of
approximately 0.0887 acre of real estate for purposes of location and construction of
Ivyland Road, as shown on exhibit entitled “Exhibit O” showing right-of-way being
conveyed to Board of Supervisors, Roanoke County by DOUGLAS C. POINDEXTER
AND CHERYL R. POINDEXTER, Roanoke County tax map parcel #80.03-01-01.00,
situated along Ivyland Road, Vinton Magisterial District, Roanoke County, Virginia,
dated June 24, 2016, is hereby authorized and approved.
16. That the donation from Tony R. Poindexter of approximately 0.0492 acre
of real estate for purposes of location and construction of Ivyland Road, as shown on
exhibit entitled “Exhibit P” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by TONY R. POINDEXTER, Roanoke County tax map
parcel #80.03-01-01.02 situated along Ivyland Road, Vinton Magisterial District,
Roanoke County, Virginia, dated June 24, 2016, is hereby authorized and approved.
17. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions in this matter as
are necessary to accomplish the donation of this real estate to the County of Roanoke,
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
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
2. TAS Design, Inc. to rezone approximately 1.49 acres to
remove/amend a proffered condition on property zoned C-1C,
Low Intensity Commercial, District with condition and to obtain a
special use permit to allow a multi-family residential use greater
than 50% of the gross floor area on site, located at 2602
Washington Avenue, Vinton Magisterial District (POSTPONED AT
THE REQUEST OF THE PETITIONER)
IN RE: CONSENT AGENDA
RESOLUTION 122016-4 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM K- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
December 20, 2016
502
That the certain section of the agenda of the Board of Supervisors for December
20, 2016, designated as Item K - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of minutes – November 22, 2016
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Hansford Leake, Finance Manager, upon his retirement
after more than five (5) years of service
3. Confirmation of appointments to the Blue Ridge Behavioral Board of
Directors; Western Virginia Regional Jail Authority
4. Request to accept and allocate grant funds in the amount of $11,667 from the
Virginia Department of Criminal Justice Services to the Roanoke County
Police Department for fiscal year 2016-2017
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
RESOLUTION 122016-3.a EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO HANSFORD B. LEAKE, FINANCE MANAGER, UPON HIS
RETIREMENT AFTER MORE THAN FIVE (5) YEARS OF
SERVICE
WHEREAS, Hansford B. Leake was employed by Roanoke County on June 13,
2011; and
WHEREAS, Mr. Leake retired on November 1, 2016, after five (5) years and five
(5) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Mr. Leake’s tenure as Finance Manager, he has served with
professionalism and dedication in providing services to the citizens of Roanoke County;
and
WHEREAS, during Mr. Leake’s time with Roanoke County he was responsible
for overseeing and providing excellent customer services to the Roanoke County
Departments, Western Virginia Regional Jail Authority, and the Roanoke County School
system as related to all payroll functions and services; and
WHEREAS, Mr. Leake was responsible for providing excellent customer service
to the Roanoke Valley Resource Authority for their accounting records, monthly financial
reports and annual audit; and
WHEREAS, Mr. Leake was an important member of the Roanoke County finance
audit team; and
December 20, 2016
503
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
HANSFORD B. LEAKE
of Roanoke County to for more than five (5) 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 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
A-122016-4.b
A-122016-4.c
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Janine Underwood stated she is the Executive Director of the Bradley
Free Clinic and more importantly, she is the mother of three children and has lived in
Roanoke County for twenty years. Her old son, went to Hidden Valley High School and
her younger daughter currently goes to Cave Spring High School. Many of you are
aware of the drug crisis we are facing across the nation and here in the Roanoke Valley.
The State Health Commissioner, Dr. Levine, has declared the State of Virginia to be in a
public health crisis from opioid and heroin epidemic. More recently, the Virginia Health
Department reported that the Roanoke Valley showed a higher rate of overdoses than
any other region in the Commonwealth of Virginia for three straight months. The drug
epidemic is here in our community and no one thinks this is going to happen to their
child until it is too late. Her oldest son graduated from the County schools in 2005. He
was a good student and an athlete. A year and a half ago, her son died of an overdose
and she never thought it would happen to her child. We are all running around in a
frenzy trying to figure out how to get a handle on this and the most important thing we
need to do right now is prevent the next child from starting down that road by exhibiting
risky behavior and eventually ending up as an addict. She stated she is here to tell
everyone of the importance of the Prevention Council of Roanoke County and how
much they are a great resource for our community; for our children, parents and
teachers. She has seen the Prevention Council in action talking to our children and
parents about risky behavior, social media and drug prevention and know first-hand that
they care about our children in our community. She has had several parents come to
her because of her involvement with the Hope Initiative and the loss of her son and say,
“I am completely lost; I never thought this would happen to my child and do not know
what to do for them.” As an example, she had a call the other day from a father of a
December 20, 2016
504
sixteen (16) year old girl that goes to a County school, gets good grades and is an
athlete. He said he had heard about the local community forums, but he did not go
because he never thought it would happen to his daughter and now did not know what
to do. She recommended that he contact the Prevention Council to help guide them
and the Council staff was quick to respond. They were educated on the drug crisis,
their daughter’s risky behavior and the resources available to help her and the entire
family and they were so appreciative. The Prevention Council has been in the
community for the past fifteen (15) years building collaborative partnerships with the
school systems, law enforcement, the faith community, parents and other youth
organizations. It is so important that the Prevention Council continue to do this work in
the community, but they need more resources to fully staff the Council so they can
make a difference in the future of our children and our community.
Jerry Canada stated that Nancy Hans would pass out a handout while he
is speaking. This handout is on file in the office of the Clerk to the Board of
Supervisors. He stated he was here today to speak on behalf of the Prevention Council
of Roanoke County. He is not here representing the School Board, but rather here
today as a private citizen asking for the Board’s consideration. The Prevention Council
of Roanoke County was founded and originally funded by the Drug-Free Community
Support Grant. The Council was among 2,000 coalitions across the County that use
strategic prevention framework process using data to drive outcomes while looking at
local conditions that allow communities to solve local problems. The Council’s mission
is to foster the healthy development of Roanoke County youth and community. The
vision is to serve as a resource for Roanoke County schools, parents, youth and local
stakeholders on the matters concerning substance abuse prevention, provide support
and coordination of services and/or organizations promoting protective factors and
continue to encourage youth leadership development among Roanoke County youth.
Over the past fifteen (15) years, the Council has served the County through establishing
community action teams in four quadrants of the County, Youth Prevention Clubs in all
middle and high schools reaching students K-12 and most recently young adults ages
19-35, the evidence based parenting program guiding good choices since 2002, the first
chapter in the region for young people in recovery, partnership with the valley-wide
heroin task force, parenting programs for the Western Regional Jail, partnerships with
local media to produce public service announcements, partnership with the valley-wide
Healthy Roanoke Valley and partnership with the Hope initiative to address the horrific
needs of the current heroin epidemic. Having said all that, he would like to request, just
as he did this past Thursday night at the School Board meeting, that Board boards
agree to discuss the Prevention Council at our Joint Meeting coming up in January. He
would like to see the Prevention Council added as an agenda item and give the Council
fifteen or twenty minutes to highlight their efforts. He is requesting consideration from
both Boards that the Prevention Council receive funding in this upcoming budget in the
amount of $100,000 to be spent equally between the two Boards. This funding will
December 20, 2016
505
allow the Council to continue its good work and also restore some of their efforts that
were withheld in 2013 when their ten-year grant expired.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
November 30, 2016
4. Comparative Statement of Budgeted and Actual Revenues and
Encumbrances as of November 30, 2016
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Assaid thanked Mr. Gates and staff for the support they have
not only given him but the entire Board this year and Ms. Kuhnel and her wonderful
staff. He thinks the entire Board is appreciative of that. He then congratulated the
Board on receiving their “Dano” award; thinks it is wonderful that we are so boring and
hopes they can repeat next year.
Supervisor Bedrosian stated he appreciates the United Way for what it
does, but some things he does not think it should and would ask the people in the valley
to ask the United Way to not support Planned Parenthood. A lot of people do not like
money being given to Planned Parenthood. We see it every election, when groups
gather. This is something that should be talked about. Our United Way is one of only
5% around the County; 95% of United Way organizations do not give to Planned
Parenthood, but ours does. We support them in the County because they do good
work, but there are areas that we should influence them not to support, Planned
Parenthood. We decided, and he is against it, that we should be partnering with private
enterprises, but when we do, he finds that we get ourselves in these situations where
maybe those private enterprises do things we don’t want them to do. He urges people
to tell them to keep doing the good work, but stop supporting Planned Parenthood.
Finally, Merry Christmas, great time of the year, a lot happened in the Bedrosian
household, but he is always grateful for his savior and this a time we celebrate the birth
of Jesus and it is a great, great time. It provides everybody hope. It is funny, even
people that don’t celebrate Jesus still want to celebrate Christmas, which is cool
because it keeps it out in the forefront. He then thanked the staff. We give and take
December 20, 2016
506
and discuss and argue, which is what we should do. We should never be complacent
about things. We are here to voice the concerns of the citizens and that is our job. This
kind of government as out founders told us is a great form of government if we can
manage to keep it and keep it going. The only way we do that is to discuss things
openly and when we are wrong, we are wrong and when we are right, we are right. We
make changes for the good of the citizens.
Supervisor Hooker commented it has been a great year and appreciate all
the great work of the staff. It has been a pleasure working with them this year. We
have a good future in front of us and looking forward to 2017.
Supervisor McNamara thanked the Board for all their hard work and
working so well together with himself and everyone else. He would like to thank the
folks in Windsor Hills and Roanoke County for the opportunity to serve them this year.
It has been a pleasure of his and one that he takes very seriously. Would like to wish
everyone a very, Merry Christmas. Be safe and enjoy the holidays.
Supervisor Peters commented on an article that Debbie Adams has
highlighted. Lindsay Murry, who is a fourth grade teacher at W. E. Cundiff Elementary
School received the Milliken Educator Award. She is one of thirty-five teachers in the
United States to receive this award and thinks it is pretty cool to happen here in
Roanoke County. Next, he too would like to at his last meeting as Chairman, we rotate
in January, but wanted to thank Mr. Gates and Ms. Kuhnel and all of our staff from
Department Heads all the way down, because without their support, it would make this
job very difficult for all five. We have a wonderful group of people, our employees are
the best out there. He appreciates this Board; they have accomplished a lot in the last
year and even in the last two years have moved the bar and hopes that we continue to
do that in 2017. He appreciates there support in the time spent working together this
year. Merry Christmas and a happy and safe holiday season. He understands there
will be a lot of people traveling. Keep each other in your prayers as we travel about.
Chairman Peters recessed at 4:19 to go to work session.
IN RE: WORK SESSIONS
1. Work session to update the Board of Supervisors on the Crash
Reporting Center (Howard B. Hall, Chief of Police; Ruth Ellen
Kuhnel, County Attorney)
The work session was held from 4:35 p.m. until 5:58 p.m.
Mr. Gates provided a brief introduction. In attendance with Chief Hall and
Ms. Kuhnel were Webster Day, Spilman Thomas; Steve Sanderson, President of RASS;
Derek Wilson, CRR Manager, Alan Wood of Woods Service Center, Phil Lanford with
Lanford Towing.
December 20, 2016 507
Chief Hall started off the presentation and then turned over to Ruth Ellen
Kuhnel, County Attorney, to explain the legal codes, both State and local.
Supervisor McNamara asked Ms. Kuhnel what date we could unravel,
which Ms. Kuhnel responded in six months. He suggested that it be placed on the
agenda in May and see if resolution can be made.
Jon Griesnbeck of Euro Specialty stated the body shops also have
concerns and feel this is violation of the Sherman Act.
Supervisor Bedrosian inquired if we are putting excess burden on our
citizens.
Chief Hall stated the tow operators and the CRC will need to work out
whatever needs to be worked out.
IN RE: ADJOURNMENT
Chairman Peters adjourned the meeting at 5:58 p.m.
S 'mitted by: Approved by:
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/ ►-borah C. ir , orph P. McNamara
Chief Deputy -rk to the Board . Chairman
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December 20, 2016
508
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