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HomeMy WebLinkAbout8/28/2018 - Regular August 28, 2018 315 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the only regularly scheduled meeting of the month of August 2018. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: OPENING CEREMONIES Before the meeting was called to order a moment of silence was observed. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Hooker called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid, Phil C. North, Joseph P. McNamara and P. Jason Peters 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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Thomas C. Gates, County Administrator, requested the addition of the following closed session: Section 2.2-3711.A.8, Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel, namely the Vinton Gainsharing Agreement. There were no objections. August 28, 2018 316 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of the Cave Spring Volunteer Rescue Squad's 60th Anniversary (Stephen G. Simon, Chief of Fire and Rescue) Recognition was given. Chief Simon recognized two members who spoke briefly. 2. Recognition of two High Intensity Drug Trafficking Area (HIDTA) awards (Howard B. Hall, Chief of Police) Chief Hall, Tom Bowers, Nancy Hans of the Prevention Council were in attendance for the recognition. Chief Hall outlined both awards. IN RE: BRIEFINGS 1. Briefing to update the Board of Supervisors on the Transportation for Economic Development (TED) Study (Megan Cronise, Principal Planner; Wayne G. Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission) Mr. Strickland provided the briefing. IN RE: NEW BUSINESS 1. Resolution amending Resolution 062818-1 supporting SMART SCALE project applications to reflect changes to the project scope for the Route 419 and Route 220 Diverging Diamond Interchange (Richard L. Caywood, Assistant County Administrator) Mr. Caywood outlined the request for the resolution. There was no discussion. RESOLUTION 082818-1 AMENDING RESOLUTION 062818-1 SUPPORTING SMART SCALE PROJECT APPLICATIONS TO REFLECT CHANGES TO THE PROJECT SCOPE FOR THE ROUTE 419 AND ROUTE 221 DIVERGING DIAMOND INTERCHANGE WHEREAS, at a regular meeting on August 28, 2018, the Board of Supervisors reviewed an amended SMART SCALE project application; and August 28, 2018 317 WHEREAS, the scope of the Route 419 and Route 220 Diverging Diamond Interchange has been expanded to analyze the adjacent traffic signal network on Route 419; and WHEREAS, Roanoke County will work with the Virginia Department of Transportation to develop plans for changes to traffic signal operations along Route 419 at Ogden Road, Elm View Road and S. Peak Boulevard (Wendy’s) to support the Diverging Diamond Interchange which will require the potential modification and/or elimination of some vehicular movements and traffic signal phases; and WHEREAS, the Board of Supervisors desires to support both local and regional projects to mitigate congestion, promote economic development, increase accessibility, safety, and environmental quality, as well as develop projects consistent with local land use policies. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports the following amended SMART SCALE project for Roanoke County application: a. Route 419 and Route 220 Diverging Diamond Interchange, with changes to the traffic signal network, including the modification and/or elimination of some vehicular movements and traffic signal phases on Route 419 at Ogden Road, Elm View Road and S. Peak Boulevard as necessary to support operational requirements of the interchange. 2. That the Clerk to the Board forthwith send a certified copy of this Resolution to Senator Mark Warner, Senator Timothy Kaine, Representative Bob Goodlatte, Representative Morgan Griffith, and the Commonwealth Transportation Board Member, Salem District. 3. That this resolution is effective immediately. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 2. Resolution supporting a SMART SCALE application by the New River Valley Metropolitan Planning Organization (Richard L. Caywood, Assistant County Administrator) Mr. Caywood outlined the request for resolution. There was no discussion. August 28, 2018 318 RESOLUTION 082818-2 SUPPORTING A SMART SCALE APPLICATION BY THE NEW RIVER VALLEY METROPOLITAN PLANNING ORGANIZATION WHEREAS, at a regular meeting on August 28, 2018, the Board of Supervisors reviewed a proposed SMART SCALE project application to extend the Smart Road from its current terminus to Interstate 81; and WHEREAS, the Smart Road project is identified in the adopted Regional Study on Transportation Project Prioritization for Economic Development and Growth (TED Study); and WHEREAS, the Board of Supervisors desires to support both local and regional projects to mitigate congestion, promote economic development, increase accessibility, safety, and environmental quality, as well as to develop projects consistent with local land use policies. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports the following SMART SCALE project submitted by the New River Valley Metropolitan Planning Organization: a. Extension of the Smart Road to Interstate 81 2. That the Clerk to the Board forthwith send a certified copy of this Resolution to Senator Mark Warner, Senator Timothy Kaine, Representative Bob Goodlatte, Representative Morgan Griffith, and the Commonwealth Transportation Board Member, Salem District. 3. That this resolution is effective immediately. On motion of Supervisor North to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately 5.35 acres from I-1, Low Intensity Industrial, District to AG-1, Agricultural/Rural Low Density, District, located at 4053 Aerospace Road, Vinton Magisterial District Supervisor Peters’ motion to approve the first reading and set the public hearing and second reading for September 25, 2018, was seconded by Supervisor McNamara and approved by the following vote: August 28, 2018 319 AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 2. The petition of Southwest Virginia Wildlife Center of Roanoke, Inc. to obtain a Special Use Permit in a AR, Agricultural/Residential, District to construct buildings on a parcel without public road frontage per Section 30-23-5(B) of the Roanoke County Zoning Ordinance on 2.85 acres, located at 5985 Coleman Road, Cave Spring Magisterial District Supervisor Assaid’s motion to approve the first reading and set the public hearing and second reading for September 25, 2018, was seconded by Supervisor Peters and approved by the following vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the granting of a new public drainage easement to the Board of Supervisors of Roanoke County on property owned by Ms. Ellen Smith Ryan, Tax Map No. 087.05-04- 17.00-0000 for the purpose of facilitating Stormwater Management (Tarek Moneir, Acting Director of Development Services) Chairman Hooker opened and closed the public hearing with no citizens to speak on this item. Mr. Moneir advised there were no changes from the first reading. There was no discussion. ORDINANCE 082818-3 AUTHORIZING THE GRANTING OF A NEW PUBLIC DRAINAGE EASEMENT BY ERNESTINE SMITH TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY ELLEN SMITH RYAN (TAX MAP NO. 087.05-04-17.00) FOR THE PURPOSE OF FACILITATING STORM WATER MANAGEMENT WHEREAS, the Roanoke County has requested that Ellen Smith Ryan (“Ryan”) grant the County a new variable one thousand five hundred twenty-one square foot public drainage easement across Ryan’s property in the County (Tax Map No. 087.05- August 28, 2018 320 04-17.00) said new drainage easement to adjoin an existing culvert currently located on the same parcel; and WHEREAS, the new public drainage easement will facilitate storm water management along Belle Meade Drive, which is a residential area; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on July 24, 2018, and the second reading and public hearing was held on August 28, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County shall acquire a new twenty-foot public drainage easement across property belonging to Ryan, adjacent to Belle Meade Drive, more specifically identified on Tax Map No. 087.05-04-17.00, containing 1,521 square feet and shown on the attached plat prepared by Caldwell White Associates, dated May 1, 2018, and such conveyance is hereby authorized and approved. 2. That the County Administrator, or any Assistant County Administrators, either of whom may act, are authorized to execute, deliver and record the deeds, and any other documents on behalf of the County and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 2. Ordinance amending the Code of the County of Roanoke, by amending and re-enacting Chapter 21 Taxation, Article III -- Real Estate Taxes, Section 21-42 -- Moratorium on the granting of Exemptions from Real Estate and Personal Property taxes by designation (Peter Lubeck, Senior Assistant County Attorney) Chairman Hooker opened and closed the public hearing with no citizens to speak on this item. Mr. Lubeck advised there were no changes from the first reading. There was no discussion. August 28, 2018 321 ORDINANCE 082818-4 AMENDING THE CODE OF THE COUNTY OF ROANOKE, BY AMENDING AND RE-ENACTING CHAPTER 21 TAXATION, ARTICLE III -- REAL ESTATE TAXES, SECTION 21-43 -- MORATORIUM ON THE GRANTING OF EXEMPTIONS FROM REAL ESTATE AND PERSONAL PROPERTY TAXES BY DESIGNATION WHEREAS, Pursuant to section 6(a)(6) of Article X of the Constitution of Virginia and to § 58.1-3651 of the Code of Virginia, the County by ordinance may by designation exempt from real or personal property taxes, or both, the real or personal property, or both, owned by a non-profit organization that uses such property for certain purposes; and WHEREAS, The Board of Supervisors finds the costs of providing municipal services has been continually increasing over the past years; and WHEREAS, The Board further finds that it is the announced policy of the Commonwealth of Virginia and the County of Roanoke to distribute the tax burden uniformly, fairly and upon all property. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The Code of the County of Roanoke is amended and re-enacted by inserting the following Section into Article III of Chapter 21: Sec 21-43. Moratorium on the granting of exemptions from real estate and personal property taxes by designation. (a) After the date of adoption of this ordinance, the Commissioner of Revenue shall not accept or continue to process any applications filed by non-profit organizations seeking exemption from taxation by designation pursuant to Section 58.1-3651 of the Code of Virginia. (b) The Commissioner of Revenue may receive applications from any organization which claims exemption under Articles 1 through 4 of Chapter 36 of the Code of Virginia. Applications for exemption under existing classifications shall be reviewed to determine if the organization qualifies for an existing classification exemption. (c) This moratorium on acceptance and/ or processing of any applications filed by non-profit organizations seeking exemption from taxation by designation shall be in effect until repealed by the Board of Supervisors. State law reference – Authority for above section, Code of Virginia, § 58.1-3651. 2. That any provision of the Roanoke County Code not specifically amended above shall remain in full force and effect as adopted. 3. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: August 28, 2018 322 AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 3. Ordinance amending the Code of the County of Roanoke by amending and re-enacting Chapter 21 Taxation, Article III -- Real Estate Taxes, Division 4 – exemption for surviving spouses of certain persons killed in the line of duty (Peter Lubeck, Senior Assistant County Attorney) Chairman Hooker opened and closed the public hearing with no citizens to speak on this item. Mr. Lubeck advised there were no changes from the first reading. There was no discussion. ORDINANCE 082818-5 AMENDING THE CODE OF THE COUNTY OF ROANOKE BY AMENDING AND RE-ENACTING CHAPTER 21 TAXATION, ARTICLE III -- REAL ESTATE TAXES, DIVISION 4 -- EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE LINE OF DUTY WHEREAS, Pursuant to Section 6-B of Article X of the Constitution of Virginia and to § 58.1-3219.14 of the Code of Virginia, the County by ordinance may exempt from taxation certain real property of the surviving spouse of certain emergency services persons killed in the line of duty. WHEREAS, legal notice and advertisement has been provided as required by law, the first reading of this ordinance was held on July 24, 2018, and the second reading and public hearing were held on August 28, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that: 4. The Code of the County of Roanoke is amended and re-enacted by inserting the following Division to Article III of Chapter 21: ARTICLE III, DIVISION 4 EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE LINE OF DUTY Sec. 21-90. - Title. This article shall be known as the "Exemption for Surviving Spouses of Certain Persons Killed in the Line of Duty”. The purpose of this division is to provide an exemption from taxation for the qualifying real property of spouses of any law enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel who are killed in the line of duty. August 28, 2018 323 Sec. 21-91. – Authority for article. This division is authorized by the Code of Virginia, Title 58.1, Chapter 32, Article 2.5, Sections 58.1-3219.13 through 58.1-3219.16. Sec. 21-92. - Definitions. As used in this division, unless the context requires otherwise: "Covered person" means any person set forth in the definition of "deceased person" in Section 9.1-400 of the Code of Virginia whose beneficiary, as defined in Section 9.1-400 of the Code of Virginia, is entitled to receive benefits under Section 9.1-402 of the Code of Virginia, as determined by the Comptroller prior to July 1, 2017, or as determined by the Virginia Retirement System on and after July 1, 2017. Sec. 21-93. - Exemption from taxes on property of surviving spouses of certain persons killed in the line of duty. (a) Pursuant to Article X, Section 6-B of the Constitution of Virginia, for tax years beginning on or after January 1, 2017, the County exempts from taxation the real property described in subsection (b) of the surviving spouse of any covered person who occupies the real property as his principal place of residence. If the covered person's death occurred on or prior to January 1, 2017, and the surviving spouse has a principal residence on January 1, 2017, eligible for the exemption under this section, then the exemption for the surviving spouse shall begin on January 1, 2017. If the covered person's death occurs after January 1, 2017, and the surviving spouse has a principal residence eligible for the exemption under this section on the date that such covered person dies, then the exemption for the surviving spouse shall begin on the date that such covered person dies. If the surviving spouse acquires the property after January 1, 2017, then the exemption shall begin on the date of acquisition, and the previous owner may be entitled to a refund for a pro rata portion of real property taxes paid pursuant to Section 58.1-3360 of the Code of Virginia. The County shall not be liable for any interest on any refund due to the surviving spouse for taxes paid prior to the surviving spouse's filing of the affidavit or written statement required by Section 58.1-3219.15 of the Code of Virginia. (b) Those dwellings in the County with assessed values in the most recently ended tax year that are not in excess of the average assessed value for such year of a dwelling situated on property that is zoned as single-family residential shall qualify for a total exemption from real property taxes under this article. If the value of a dwelling is in excess of the average assessed value as described in this subsection, then only that portion of the assessed value in excess of the average assessed value shall be subject to real property taxes, and the portion of the assessed value that is not in excess of the average assessed value shall be exempt from real property taxes. Single-family homes, condominiums, town homes, manufactured homes as defined in Section 46.2-100 of the Code of Virginia whether or not the wheels and other equipment previously used for mobility have been removed, and other types of dwellings of surviving spouses, whether or not the land on which the single-family home, condominium, town home, manufactured home, or other type of dwelling of a surviving spouse is located is owned August 28, 2018 324 by someone other than the surviving spouse, that (i) meet this requirement and (ii) are occupied by such persons as their principal place of residence shall qualify for the real property tax exemption. If the land on which the single-family home, condominium, town home, manufactured home, or other type of dwelling is located is not owned by the surviving spouse, then the land is not exempt. For purposes of determining whether a dwelling, or a portion of its value, is exempt from County real property taxes, the average assessed value shall be such average for all dwellings located within the County that are situated on property zoned as single-family residential. (c) The surviving spouse shall qualify for the exemption so long as the surviving spouse does not remarry and continues to occupy the real property as his principal place of residence. The exemption applies without any restriction on the spouse's moving to a different principal place of residence. (d) The County shall provide for the exemption from real property taxes of (i) the qualifying dwelling, or that portion of the value of such dwelling and land that qualifies for the exemption pursuant to subsection (b), and (ii) with the exception of land not owned by the surviving spouse, the land, not exceeding one acre, upon which it is situated. A real property improvement other than a dwelling, including the land upon which such improvement is situated, shall also be exempt from taxation so long as the principal use of the improvement is (a) to house or cover motor vehicles or household goods and personal effects as classified in subdivision A 14 of Section 58.1-3503 of the Code of Virginia and as listed in Section 58.1-3504 of the Code of Virginia and (b) for other than a business purpose. (e) For purposes of this exemption, real property of any surviving spouse of a covered person includes real property (i) held by a surviving spouse as a tenant for life, (ii) held in a revocable inter vivos trust over which the surviving spouse holds the power of revocation, or (iii) held in an irrevocable trust under which the surviving spouse possesses a life estate or enjoys a continuing right of use or support. Such real property does not include any interest held under a leasehold or term of years. (f) (1) In the event that (i) a surviving spouse is entitled to an exemption under this section by virtue of holding the property in any of the three ways set forth in subsection (e) and (ii) one or more other persons have an ownership interest in the property that permits them to occupy the property, then the tax exemption for the property that otherwise would have been provided shall be prorated by multiplying the amount of the exemption by a fraction the numerator of which is 1 and the denominator of which equals the total number of people having an ownership interest that permits them to occupy the property. (2) In the event that the principal residence is jointly owned by two or more individuals including the surviving spouse, and no person is entitled to the exemption under this section by virtue of holding the property in any of the three ways set forth in subsection (e), then the exemption shall be prorated by multiplying the amount of the exemption by a fraction the numerator of which is the percentage of ownership interest in the dwelling held by the surviving spouse and the denominator of which is 100. August 28, 2018 325 Sec. 21-94. - Application for exemption. (a) The surviving spouse claiming the exemption under this division shall file with the commissioner of the revenue of the County on forms to be supplied by the County, an affidavit or written statement (i) setting forth the surviving spouse's name, (ii) indicating any other joint owners of the real property, (iii) certifying that the real property is occupied as the surviving spouse's principal place of residence, and (iv) including evidence of the determination of the Comptroller or the Virginia Retirement System pursuant to subsection (a). The surviving spouse shall also provide documentation that he is the surviving spouse of a covered person and of the date that the covered person died. The surviving spouse shall be required to refile the information required by this section only if the surviving spouse's principal place of residence changes. (b) The surviving spouse shall promptly notify the commissioner of the revenue of any remarriage. Sec. 21-95. - Absence from residence. The fact that surviving spouses who are otherwise qualified for tax exemption pursuant to this article are residing in hospitals, nursing homes, convalescent homes, or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption is sought does not continue to be the sole dwelling of such persons during such extended periods of other residence, so long as such real estate is not used by or leased to others for consideration. 5. That any provision of the Roanoke County Code not specifically amended above shall remain in full force and effect as adopted. 6. That this ordinance shall become effective upon its passage and at that time, shall be retroactive to January 1, 2017. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 1. Ordinance accepting the conveyance of three (3) parcels of unimproved real estate for Fort Lewis Church Road, Catawba Magisterial District (David Holladay, Planning Administrator) Chairman Hooker opened and closed the public hearing with no citizens to speak on this item. Mr. Holladay advised there were no changes from the first reading. There was no discussion. August 28, 2018 326 ORDINANCE 082818-6 ACCEPTING THE CONVEYANCE OF THREE (3) PARCELS OF UNIMPROVED REAL ESTATE FOR FORT LEWIS CHURCH ROAD TO THE BOARD OF SUPERVISORS, CATAWBA MAGISTERIAL DISTRICT WHEREAS, two (2) adjacent land owners desired to donate portions of their property in fee simple, to Roanoke County for right-of-way purposes to construct a turnaround at the terminus of Fort Lewis Church Road; and WHEREAS, Marie A. Hannabass, Jeno A. Jackson and Marie A. Hannabass, and Jeno A. Jackson and Jay A. Jackson have freely and voluntarily entered into deeds to the Board of Supervisors of the County of Roanoke, Virginia, to thus allow the Board of Supervisors to obtain ownership of each property for purposes of road construction upon approval of this ordinance and recordation of deeds; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests to the County of Roanoke be accomplished by ordinance; the first reading of this ordinance was held on July 24, 2018, and the second reading and public hearing was held on August 28, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the donation from Marie A. Hannabass of approximately 0.0295 acre of real estate for purposes of location and construction of Fort Lewis Church Road turnaround as shown on exhibit entitled “Exhibit A” showing right-of-way being conveyed to Board of Supervisors, Roanoke County by Marie A. Hannabass, Roanoke County Tax Map Parcel #054.02-04-69.00 situated along Fort Lewis Church Road, Catawba Magisterial District, Roanoke County, Virginia dated October 20, 2017, is hereby authorized and approved. 2. That the donation from Jeno A. Jackson and Marie A. Hannabass of approximately 0.0163 acre of real estate for purposes of location and construction of Fort Lewis Church Road turnaround, as shown on exhibit entitled “Exhibit A” showing right-of-way being conveyed to Board of Supervisors, Roanoke County by Jeno A. Jackson and Marie A. Hannabass Roanoke County Tax Map Parcel #054.02-04-69.00 situated along Fort Lewis Church Road, Catawba Magisterial District, Roanoke County, Virginia dated October 20, 2017, is hereby authorized and approved. 3. That the donation from Jeno A. Jackson and Jay A. Jackson of approximately 0.0560 acre of real estate for purposes of location and construction of Fort Lewis Church Road turnaround, as shown on exhibit entitled “Exhibit A” showing right-of-way being conveyed to Board of Supervisors, Roanoke County by Jeno A. Jackson and Jay A. Jackson Roanoke County Tax Map Parcel #054.04-07-01.00 situated along Fort Lewis Church Road, Catawba Magisterial District, Roanoke County, Virginia dated October 20, 2017, is hereby authorized and approved. 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of August 28, 2018 327 Roanoke County in this matter as are necessary to accomplish the donation of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor North and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None IN RE: CONSENT AGENDA RESOLUTION 082818-10 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 28, 2018, 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 10 inclusive, as follows: 1. Approval of minutes – June 12, 2018 2. Request to accept and allocate grant funds in the amount of $5,422.30 from the U. S. Department of Justice's Bulletproof Vest Partnership 3. Request to donate surplus vehicle to the Western Virginia Emergency Medical Services (EMS) council 4. Request to accept and appropriate grant funds in the amount of $60,000 from the High Intensity Drug Trafficking Areas (HIDTA) Program to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit 5. Request to accept and allocate grant funds in the amount of $95,540.64 from the Virginia Office of Emergency Medical Services for the "Four-For-Life" distribution 6. Resolution requesting the Virginia Department of Transportation to add Lila Drive to the State Secondary Road System 7. Confirmation of appointment to the Chief Local Elected Officials Consortium (CLEO) (At-Large); Economic Development Authority (EDA) (District); Social Services Advisory Board (At-Large) 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Barry K. Agnew, Human Resources Consultant, upon his retirement after eleven (11) years of service August 28, 2018 328 9. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to William Martin Louthian, Jr, Police Community Services Officer, upon his retirement after seventeen (17) years of service 10. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Randall S. Spence, Battalion Chief-Operations, upon his retirement after thirty (30) years of service On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A-082818-10.a A-082818-10.b A-082818-10.c A-082818-10.d RESOLUTION 082818-10.e REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ADD LILA DRIVE TO THE SECONDARY SYSTEM OF HIGHWAYS, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Salem Residency Office of the Virginia Department of Transportation recommends that Lila Drive be added to the secondary system of state highways as a no cost rural addition pursuant to Section 33.2-705 and Commonwealth Transportation Board policy, because the street meets current minimum standards, the condition of the existing hard surface is serviceable, and the street has provided continuous public service since its establishment in 1958; and WHEREAS, the Salem Residency Office of the Virginia Department of Transportation confirms that no Department funds are required to improve the street described on the attached additions form AM-4.3 to meet current minimum design or maintenance standards of the Department; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors requests the Virginia Department of Transportation to add the street described on the attached additions form AM-4.3 to the secondary system of state highways, pursuant to Section 33.2-705, Code of Virginia and Rural Addition Policy of the Commonwealth Transportation Board of the Virginia Department of Transportation August 28, 2018 329 2. That the Board of Supervisors guarantees a clear and unrestricted right of way, as described on the attached form AM-4.3, and any necessary easements for cuts, fills and drainage. 3. That the Chief Deputy Clerk to the Board forthwith send a certified copy of this Resolution to the Resident Engineer of the Virginia Department of Transportation. 4. That this resolution is effective immediately. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A-082818-10.f RESOLUTION 082818-10.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BARRY K. AGNEW, HUMAN RESOURCES CONSULTANT, UPON HIS RETIREMENT AFTER ELEVEN (11) YEARS OF SERVICE WHEREAS, Mr. Agnew was employed by Roanoke County on July 17, 2007; and WHEREAS, Mr. Agnew retired on August 1, 2018, after eleven years of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. Agnew’s tenure with the Human Resources Department, he served as a Human Resources Consultant and served with professionalism and dedication in providing services to the citizens of Roanoke County; and WHEREAS, Mr. Agnew was responsible for various revisions and maintenance to the County’s classification and compensation systems, ensuring that County employees were rewarded as fairly and equitably as possible for their work on behalf of the citizens, even during times of economic downturn; and WHEREAS, during his time with the County, he assisted with implementation of many initiatives, including a new on-line hiring system, several upgrades of the HR/Payroll System, improvements to the records retention software, application of the Affordable Care Act requirements to the County, and creation of the County’s wellness clinic. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BARRY K. AGNEW for eleven 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. August 28, 2018 330 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None RESOLUTION 082818-10.h EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO WILLIAM M. LOUTHIAN POLICE OFFICER, UPON HIS RETIREMENT AFTER EIGHTEEN (18) YEARS OF SERVICE WHEREAS, Mr. Louthian was employed by Roanoke County on September 30th, 2000; and WHEREAS, Mr. Louthian retired on August 1st, 2018, after eighteen years of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. Louthian’s tenure with the Police Department, he has served as a Police Officer and as a Community Service Officer, where he served with professionalism and dedication in providing services to the citizens of Roanoke County; WHEREAS, Mr. Louthian was a valued employee throughout his tenure at the Police Department. Mr. Louthian served the community with passion and professionalism that have been recognized by his peers, supervisors, and by citizens that he had interacted with throughout his career. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to WILLIAM M. LOUTHIAN for eighteen 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 McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None RESOLUTION 082818-10.i EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO RANDALL S. SPENCE, BATTALION CHIEF-OPERATIONS, UPON HIS RETIREMENT AFTER THIRTY (30) YEARS OF SERVICE WHEREAS, Chief Spence was employed by Roanoke County on May 6, 1985; and again on December 10, 2001; and August 28, 2018 331 WHEREAS, Chief Spence retired on July 1, 2018, after thirty years and six months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Chief Spence’s tenure with Roanoke County’s Fire and Rescue Department he served as a Firefighter, Sergeant, Fire Lieutenant, Fire Inspector, Deputy Fire Marshal, Fire Captain and Battalion Chief-Operations, and served with professionalism and dedication in providing services to the citizens of Roanoke County; WHEREAS, Chief Spence was a certified law enforcement officer while a Deputy Fire Marshal and was in charge of many significant arson related investigations that he was able to close through outstanding investigative work; and WHEREAS, Chief Spence was a trusted member of the Department’s Senior Staff and helped chart the direction of the Department for years to come. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to RANDALL S. SPENCE for more than thirty 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 McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS Mr. Dale DeWeese of 4664 Bradshaw Road in Salem, Virginia thanked the Board for the privilege of speaking before the Board and thanked the Board for their service to Roanoke County. First, he would like to talk about littering. If he was to throw a piece of paper or trash out in the road, he could be cited for littering the highways. The thing that gets to him are people who cut their grass and throw it out on the highway and leave it. To him, that is littering and should be stopped. First of all, it is an eyesore and very ugly to the neighborhoods that are involved. Sheriff Orange his people do a good job of picking up the trash and stuff on the road, but he cannot pick up grass clippings. Second, it is dangerous to the motorist, motorcycles and to bikes because the grass is slick and if there is any moisture, you can slide right out. In his neighborhood recently, the whole highway was covered with grass right in a curve and it could have caused a very bad accident. Third, the runoff could be involved in our waterways, into the river and that should be stopped. There was a speaker at our civic club meeting several months ago talking about these pollutants that can endanger our waterways. The City of Covington just recently passed an ordinance preventing people from leaving grass clippings in the highway. They get a warning the first time and the August 28, 2018 332 second time they can be cited. He is asking Roanoke County to look into it and see if they could pass such an ordinance preventing this. It could also be dangerous to someone mowing if they pick up a rock. Thank you for your attention today. 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 Assaid, North, McNamara, Peters, Hooker NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2018 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of July 31, 2018 5. Accounts Paid – July 31, 2018 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS th Supervisor North stated he had just a couple of comments. On July 26, he was an observer at one of the Roanoke County Police Department Active Shooter training school. It was a most professional example of proactive training and preparedness. Our Roanoke County Police Department is without a doubt, tops in his mind. On another note, a shout-out to all fall sports in the County high schools and middle schools: cross country, football, volleyball, cheerleading, and the bands. He wishes each and every member and schools a safe and successful season. Lastly, but not least, where it all begins is with our recreational sports clubs and facilities. Thanks to Parks and Recreation for preparing the fields for all of the youth that participate and hopes each and every one of you have a safe and enjoyable fall sport season. Supervisor McNamara stated he just had a couple things. First, thank you Mr. DeWeese for his comments. He knows that is a topic of the newsletters that come out from our Community Development organization; primarily from protecting our streams standpoint and thought it may have been against the law, but it is definitely something that is on the radar screen. He knows our commercial landscapers all take great care to make sure the clippings are returned to the grass areas rather than impervious service that you referred to. Thank you for those comments. The meeting went fairly quickly today, we still have some work sessions, but something that slipped by that he did want to point out is that the Board took action today basically eliminated August 28, 2018 333 real estate taxes for surviving spouses of people killed in the line of duty; police, fire, military. He thinks it is just a small token of our Board’s appreciation for the people that serve us every day; police, emergency services, etc. They really do a fabulous job for all of us. When an unfortunate event like a tragedy does happen, the least we can do is provide some tax relief for the surviving spouses. It is very meaningful. It continues a tradition that this Board has followed; this Board has lowered taxes 4 out of the last 5 budgets and he is very proud of fellow Board members for that. This is just another example. There are certain things that we can and cannot do as a local Board, but if the Commonwealth of Virginia gives us an opportunity to lower a tax, we generally take it. This is a great example. Supervisor Peters stated he wanted to wish everybody a happy and safe Labor Day weekend as we bring our summer to a close. Schools is already back in session; hopes everybody has a safe holiday coming up. Supervisor Hooker stated she had a couple of comments. First, she wanted to give a shout-out to the Regional Center Animal Care and Protection. Her family adopted a dog about two weeks ago from the Regional Center and the people there were very professional, caring and if anyone is interested in getting a dog or a cat, her family would highly recommend the Regional Center. The employees were very helpful in the adoption of their little boxer mix puppy. Next, she had the honor or going to the Veterans Administration Care Center last Saturday and served lunch to the veterans there with the Ruritan Group from Catawba and Botetourt. The Ruritans do a lot of good things; a lot of things she is proud of and this is one of the things she considers great that they do in serving those that have sacrificed for the freedom that we enjoy every day. The third thing is to recognize the Catawba’s Farmers Market. They had a really great guest recently, the Secretary of Agriculture and Forestry, Bettina Ring. Secretary Ring was there and presented the market manager, Ann Harold, with a proclamation from the Governor. So, it was really a great day at the Farmer’s Market a couple of week ago. The Catawba Farmer’s Market continues to serve that community well and she wanted to make sure they were noted for all the good things they do. At 3:53 p.m. Chairman Hooker recessed to work session and closed session. IN RE: WORK SESSION 1. Work session to update the Board of Supervisors on the strategic direction of Economic Development in the County of Roanoke (Jill Loope, Director of Economic Development) August 28, 2018 334 In attendance with Ms. Loope were Beth Doughty, Executive Director, Roanoke Regional Partnership; John Hull, Director of Market Intelligence, Roanoke Regional Partnership and Landon Howard, President, Visit Virginia’s Blue Ridge. A PowerPoint presentation was given; a copy of which is on file in the office of the Clerk to the Board. Supervisor North inquired about the Amtrak magazine advertising and television ads in other localities. Mr. Howard responded in the affirmative and stated bloggers are doing most of the advertising. Supervisor Hooker stated as we advance forward, she sees more and more regional and perceives that is going to be the continued direction for a while. Supervisor Peters commented he was very impressed with both organizations. Looking forward to what will take place in the future. Supervisor North commented it is challenging to keep and attract young people to this area. What is the one thing that comes to mind to stimulate growth and population or is there one thing? Ms. Doughty responded there is no silver bullet, we need “bus loads” of people. Mr. Howard responded an indoor sports complex built. The other thing is that we must have an integrated approach when it comes to our healthcare marketing. Ms. Doughty added that along with the bus load of people, we have to have what she calls “stickiness” or the ability to make the connection and the ties that people make in their community. One of the ways that you do that is by creating public spaces and opportunities for people to interact and she feels that is really important and we need to continue to invest in the “livability” aspect that will make people stick to the region. It may be something like development of the river, an opportunity to have more greenways and sidewalks. Supervisor Assaid inquired how do you fund an indoor sports complex; we have an aging community that are probably not going to be the users of that. It is kind of hard to put the investment on the backs of the taxpayers of Roanoke County, as you have clearly shown, we are aging and retiring. So, how do you do it without putting the burden on the tax payers? Mr. Howard responded it needed to be an integrated approach and do so in a way that solves multiply problems. Higher education institutions might be willing to be a partner in that and a combined effort from all the jurisdictions. Supervisor North commented he feels the key is joint, regional efforts. Supervisor Assaid stated he agreed, but we need to look at the wants or needs and define what those needs are because we do not have an infinite amount of money. Maybe we should be looking at workforce development, because what good will it do if we do not have the younger people here. It is not the chicken or the egg, it is the cart or the horse in this case. He added that this is a very good presentation that the School Board needs to hear, because there is a lot of reality. August 28, 2018 335 Supervisor Hooker Martha what do we need other than our natural assets like Explore Park. Ms. Doughty responded our natural assets are really great and they have us a head start and the foundation of a community. In order to move forward you have to be constantly developing. Explore Park is critical to that kind of asset that people will remember and will make an impression. Supervisor Assaid added don’t we need to have jobs. Ms. Doughty advised jobs follow people. When you have the people to demonstrate your workforce, job will follow. Supervisor Assaid commented we need to be tapping into the colleges, with Ms. Doughty responding in the affirmation. They have a person focusing on that. It will be slow, but we have to start if you want results. Supervisor Hooker stated Roanoke College, Hollins, Virginia Tech and even Virginia Western students need to be convinced to stay. Ms. Doughty advised Pete goes to the Med School every year and speaks to the incoming class and talks to them about the outdoor assets, i.e. Appalachian Trail, Smith Mountain Lake and the Roanoke River and talks to them about what they can do. Supervisor Hooker asked how big and indoor arena and to cover what. She is thinking of the Cregger Center at Roanoke College. Mr. Howard advised it has been very effective for us when they have it available to book NCAA events, etc. The market it there, we are about to spend $1.2 million in advertising for 2019 and our messaging has to be hip and cool. Supervisor North commented on the article in the editorial page yesterday in the Roanoke Times. It seems to expand what we are doing here locally with the Western Regional cooperation and suggests partnership with other counties in the State. Ms. Doughty agreed and Mr. Howard commented they have to want to play. Ms. Doughty added the “Go Virginia” campaign is working toward that. Work session was held from 4:12 pm until 5:15 pm. 2. Work session to update the Board of Supervisors on proposed amendments to the Erosion and Sediment Control Ordinance to provide a stream buffer (Tarek Moneir, Acting Director of Development Services) In attendance with Mr. Moneir was David Henderson, County Engineer, reviewed the PowerPoint presentation included in the Board agenda. Supervisor McNamara asked if this is a requirement from the Department of Environmental Quality (DEQ) with Mr. Henderson responding in the negative adding the State leaves it up to the locality. These changes would require amending Chapter 8.1 – Erosion and Sediment Control of the Roanoke County Code and staff will work with the homebuilders to accomplish. August 28, 2018 336 Supervisor Assaid stated there is a section in the ordinance stating, platted, undeveloped parcels, with Mr. Henderson responding they are currently working on language because staff feels there needs to be provisions to address it. The language currently says that if the platted lot size is ½ acre or smaller would be exempt. If it was a ½ acre or larger, then it would follow this requirement unless they can show there is a substantial development cost to develop it. Supervisor Assaid stated the assumption that an undeveloped parcel differs from a developed parcel or that the developed parcel may not be fully developed, because somebody may want to put a storage unit, etc. on their property and now they are going to end up having a burden of an easement. Mr. Henderson explained this is not an easement, there is no easement. This is actually an undisturbed area as part of the erosion and sediment control permit. Once that permit is closed, the restriction is done. One of the items, staff talked about, would be if you were a homeowner and they develop it and they pull back 25 feet and you buy the property. You as the homeowner would have the right to go in and cut the vegetation down. Our largest concern is during the initial development, fill is getting pushed right up to the banks. Supervisor Assaid asked for an example. Mr. Moneir stated you could look at Garst Mill. Supervisor Assaid stated another issue that is not really related to this, he is sure they will come back with a steep slope ordinance with Mr. Moneir advising in the affirmative, stating that would be next. Staff is working with the homebuilders association. Supervisor Assaid stated he would reach out to the civil engineers that he knows and see if there are any issues. He does not feel there would be since it goes away. Supervisor North asked regarding the blue area on the map, is there a ballpark number of the existing “Pebble Creek” type situations do you have acreage wise. Is it a large amount, etc? Mr. Henderson advised a lot of the areas along streams are already developed because they were flat, but as we push further in the mountains along the streams. The work session was held from 5:20 p.m. until 5:38 p.m. IN RE: CLOSED MEETING At 3:52 p.m., Supervisor Peters moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 8, Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel, namely the Vinton Gainsharing Agreement. The motion carried by the following recorded vote: August 28, 2018 337 AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None The closed session was held from 5:43 p.m. until 5:15 p.m. IN RE: CERTIFICATION RESOLUTION At 5:16 p.m., Supervisor Hooker moved to return to open session and to adopt the certification resolution. RESOLUTION 082818-11 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None 338 August 28, 2018 IN RE: ADJOURNMENT Chairman Hooker adjourned the meeting at 6:44 p.m. 0 Submitted by: Approved by: / / 0 ift 9 �� Deborahi ' / -yy\tliktifi_A- ti o 5 iibt Martha B. Hooker Chief Depu 'Perk to the Board Chairman