HomeMy WebLinkAbout2/23/2010 - RegularFebruary 23, 2010 55
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of February 2010. Audio and video
recordings of this meeting will be held on file for a minimum of five (5) years in the office
of the Clerk to the Board of Supervisors.
IN RE: CALL TO ORDER
Chairman Church called the meeting to order at 3:00 p.m.
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Eddie
"Ed" Elswick, Supervisors Michael W. Altizer, Richard C.
Flora, Charlotte A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R.
O'Donnell, Assistant County Administrator; Diane D. Hyatt,
Assistant County Administrator; Paul M. Mahoney, County
Attorney; Becky R. Meador, Clerk to the Board; Teresa
Hamilton Hall, Director of Public Information
IN RE: OPENING CEREMONIES
The invocation was given by Reverend Brian Gordon, Salem Evangelical
Methodist Church. The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
Becky R. Meador, Clerk to the Board, requested that Item D-1 (Annual
report from the Roanoke Regional Partnership) be postponed at the request of Beth
Doughty, who had a family emergency.
56 February 23, 2010
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of congratulations to the Hidden Valley High School
girls cross country team for winning the Virginia High School
League (VHSL) Group AA State Competition
Superintendent Dr. Lorraine Lange, Principal Rhonda Stegall, Coach Dan
King, Assistant Coach Casper, all members of the team and many family members
were present.
RESOLUTION 022310-1 OF CONGRATULATIONS TO THE
HIDDEN VALLEY HIGH SCHOOL GIRLS CROSS COUNTRY
TEAM FOR WINNING THE VIRGINIA HIGH SCHOOL LEAGUE
(VHSL) GROUP AA STATE CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Hidden Valley High School girls cross country team won the
Virginia High School League (VHSL) Group AA State Championship in the 5,000 meter
run on November 14, 2009 at the Great Meadows State Course in The Plains, Virginia;
and
WHEREAS, the Hidden Valley High School girls cross country team earned their
trip to the State championship by winning the River Ridge District Championship at
Roanoke County's Green Hill Park; and
WHEREAS, the Titans finished third in the 5,000 meter run at the Nike Cross
Southeast Region Championships at Wake Med Park in Cary, North Carolina; and
WHEREAS, the Titan girls finished 13t" at the Nike Cross National
Championships in Portland, Oregon; and
WHEREAS, the Titans had four girls selected as All-State; six as All-Region; five
as All-District; three as First Team All-Timesland; and two as Second Team All-
Timesland; and
WHEREAS, the Hidden Valley Titans girls cross country team is under the
dedicated leadership of Coach Dan King, who was named the Timesland Women's
Coach of the Year.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, does hereby extend its sincere congratulations to the members of the
HIDDEN VALLEY HIGH SCHOOL GIRLS CROSS COUNTRY TEAM: Carolyn Bethel,
Elizabeth Camilletti, Haley Outright, Drew Dillon, Annie LeHardy, Hannah Radford,
Claire Sibley, Mary Catherine Sowder, Lindsay Skolrood, Greta Weidner, for an
outstanding performance, their athletic ability, their team spirit and their commitment to
each other; and
February 23, 2010 57
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to the members of the team, the coaches, and the school in their future
endeavors.
On motion of Supervisor Elswick to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: BRIEFINGS
1. Annual report from the Roanoke Regional Partnership (Beth
Doughty, Executive Director)
This item was removed from the agenda for postponement.
2. Introduction of Landon Howard, Executive Director of the
Convention and Visitors Bureau (CVB) (Pete Haislip, Director of
Parks, Recreation and Tourism)
Mr. Haislip introduced Landon Howard, the new Executive Director of the
Roanoke Valley Convention and Visitors Bureau. Mr. Howard gave a brief summary of
his background and plans for future tourism in the Roanoke Valley.
IN RE: NEW BUSINESS
1. Request to approve a resolution granting a waiver to Howard
Shockey and Sons, Inc. and Counts and Dobyns, Inc. under
Section 13.23 of the Roanoke County Code to the provisions of
the County's Noise Ordinance, Article II. Noise of Chapter 13:
Undue hardship waiver due to a requirement from Virginia
Department of Transportation (VDOT) that certain roadwork
related to the Clearbrook Wal Mart development be performed at
night (Doug Chittum, Director of Economic Development)
There was no discussion.
RESOLUTION 022310-2 GRANTING A WAIVER TO HOWARD
SHOCKEY AND SONS, INC. AND COUNTS AND DOBYNS, INC.
UNDER SECTION 13.23 OF THE ROANOKE COUNTY CODE TO
THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE,
ARTICLE II. NOISE OF CHAPTER 13: UNDUE HARDSHIP
rJB February 23, 2010
WAIVER DUE TO A REQUIREMENT FROM VIRGINIA
DEPARTMENT OF TRANSPORTATION (VDOT) THAT CERTAIN
ROADWORK RELATED TO THE CLEARBROOK WAL MART
DEVELOPMENT BE PERFORMED AT NIGHT
WHEREAS, Howard Shockey and Sons and Counts and Dobyns, the contractors
for the Clearbrook WalMart development responsible for certain road construction, have
requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23.
"Undue hardship waiver" to permit the road construction to be performed at night to
take advantage of lower traffic volumes beginning on March 15, 2010, and ending July
25, 2010; and
WHEREAS, Section 13-23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County Noise Ordinance -Article II. Noise of Chapter 13. Offenses -
Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in
subsection (b) of Sec. 13-23 and after making certain alternative findings.
BE IT RESOLVED by the Board of Supervisors of the County of Roanoke,
Virginia, as follows:
1. In making its determination as to whether to grant the requested waiver to the
Howard Shockey and Sons and Counts and Dobyns from the County's noise
ordinance, the Board of Supervisors has considered the following factors:
a. The time of day the noise will occur and the duration of the noise:
Beginning at approximately 10:00 p.m. on Thursday, March 25, 2010, and
ending 7:00 a.m. on Sunday, July 25, 2010.
b. Whether the noise is intermittent or continuous: The noise
produced during the process of performing road construction is done in
order to take advantage of lower traffic volumes, minimizing impacts on
the public, while maximizing safety to the public and construction workers.
Tasks currently identified as those that will be performed at night include
but are not limited to: storm drain piping & structures including road
crossing; all concrete medians in US 220; curb & gutter returns that tie to
US 220 from the Wal Mart site; all road widening, profiling and paving;
pavement marking; guardrail installation; box culvert extension (the effect
on traffic flow is still being evaluated by the contractor).
c. The extensiveness of the noise: May be extensive at times
depending upon the nature of the work.
d. The technical and economic feasibility of bringing the noise into
conformance with the noise ordinance: This work has to be completed at
night in order to minimize impacts on the traveling public, while
maximizing safety to the public and construction workers. Also the
Virginia Department of Transportation requires that this work be done at
night.
February 23, 2010 59
e. Other matters related to the impact of the noise on the health,
safety and welfare of the community and the degree of hardship resulting
from enforcement of the ordinance: None.
f. The extent to which the noise is necessary and incidental to the
commercial and industrial use generating the sound: The noise to be
generated by this road work is necessary and incidental to fulfilling the
conditions of the special use permit approved by the Board of Supervisors
for the Clearbrook Wal Mart Development.
2. The Board of Supervisors makes the following finding: Compliance with the
provisions of the County's noise ordinance concerning the specific act of noise
disturbance by operation of equipment for road construction under subsection (1)
of Sec. 13-21. Specific acts as noise disturbance. or under the provision of Sec.
13-20. General prohibition. would produce serious economic hardship for
Howard Shockey and Sons and Counts and Dobyns without producing any
substantial benefit to the public, further it would result in greater impacts on the
public using U.S. Route 220, increase safety hazards both for the public and the
construction workers, and be contrary to the directives of the Virginia Department
of Transportation.
3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec.
13-20. General prohibition. of Article II. Noise of Chapter 13. Offenses -
Miscellaneous be WAIVED for a period from March 15, 2010 until July 25, 2010.
4. This Waiver is granted specifically to Howard Shockey and Sons and Counts and
Dobyns, its officers, employees and agents for road construction work and
related activities on Route 220 at the Clearbook Wal Mart development in
Roanoke County, Virginia.
5. That this Waiver may only be extended upon written application and approval by
the Board of Supervisors.
6. That this Resolution shall be in full force and effect from its passage.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
60
February 23, 2010
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES -CONSENT AGENDA
1. The petition of Roanoke Moose Lodge #284, to obtain a special
use permit in an ARCS, Agricultural Residential, District with
conditions and special use permit, to operate outdoor gatherings
on approximately 25 acres, located at 3233 Catawba Valley Drive,
Catawba Magisterial District
There was no discussion.
Supervisor Church moved to approve the first reading and schedule the
second reading and public hearing for March 23, 2010. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing an intergovernmental agreement with the
City of Roanoke, City of Salem and the Town of Vinton to create
the Roanoke Area Criminal Justice Information Network
(RACJIN) (Paul Mahoney, County Attorney; Terrell Holbrook,
Assistant Chief of Police)
Supervisor Elswick asked what information would be shared that has not
been shared previously. Assistant Chief Holbrook responded that the same information
will now be automated across all participating jurisdictions, as opposed to personally
contacting each one to obtain information.
Chairman Church moved to approve the first reading and schedule the
second reading for March 9, 2010. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 022310-3 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
February 23, 2010 61
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 February
23, 2010, 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 3 inclusive, as follows:
1. Approval of minutes -July 21, 2009; September 8, 2009; September 22,
2009
2. Confirmation of appointments to the Court Community Corrections Program -
Regional Community Criminal Justice Board, Economic Development
Authority, League of Older Americans Advisory Council, Roanoke Regional
Airport Commission and Western Virginia Regional Jail Authority
3. Resolution authorizing participation in and conditions of the Virginia Juvenile
Community Crime Control Act (VJCCCA) for fiscal year 2010-2011 and to
allow participation by the City of Salem
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
RESOLUTION 022310-3.b APPROVING PARTICIPATION IN
AND CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY
CRIME CONTROL ACT (VJCCCA) GRANT FOR FISCAL YEAR
2010-2011 AND TO ALLOW PARTICIPATION BY THE CITY OF
SALEM
WHEREAS, the County of Roanoke has participated in the Virginia Juvenile
Community Crime Control Act (VJCCCA) program in the past allowing the Court Service
Unit to provide direct services, treatment programs, substance abuse services and
probation activities associated with the Juvenile Court; and
WHEREAS, through the Life Skills Mentoring Program of Roanoke County's
Court Services Unit, the grant funds have been administered to assist the court by
providing counseling services, drug screens, intensive supervision, community service,
restitution and other needed services; and
WHEREAS, the Court Services Unit of the Juvenile Court serves the youth of
both the County of Roanoke and the City of Salem; and
WHEREAS, the Court Services Unit desires to provide services through the Life
Skills Mentoring Program to serve the youth of both the County of Roanoke and the City
of Salem utilizing the funding from the VJCCCA grant and other appropriate funds.
Now, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County will participate in the Virginia Juvenile Community Crime Control Act
62 February 23, 2010
for Fiscal Year 2010-2011 and will accept said funds, appropriating them for the
purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing,
that it no longer wishes to participate in the program.
BE IT FURTHER RESOLVED that the County Administrator or the Assistant
County Administrator is hereby authorized to execute a local plan on behalf of the
County of Roanoke and City of Salem; and
BE IT FURTHER RESOLVED that the County of Roanoke will combine services
and grant resources with the City of Salem, and the County, as operator of the Life
Skills Mentoring Program, will serve as fiscal agent for these localities.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick Church
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Accounts Paid -January 2010
5. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances for the month ended January 31, 2010
6. Comparative Statement of Budgeted and Actual Revenues for the
month ended January 31, 2010
IN RE: CLOSED MEETING
At 3:41 p.m., Chairman Church moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2.3711.A.1, personnel,
February 23, 2010 63
namely discussion concerning appointments to the Roanoke Valley Area Metropolitan
Planning Organization (RVAMPO). The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
The closed meeting was held from 5:07 p.m. until 5:08 p.m.
IN RE: WORK SESSION
1. Work session to discuss fiscal year 2010-2011 budget
development (Brent Robertson, Director of Management and
Budget)
The work session was held from 3:53 p.m. until 4:52 p.m. A handout
including several budgetary reports was distributed.
Mr. Goodman commented on the report supplied by the Virginia
Association of Counties (VACo) and prepared by Fiscal Analytics, Ltd. The report
indicates by what amount each county in Virginia would need to raise their real estate
taxes to cover the State budget cuts, not taking into consideration any budget
reductions. Roanoke County's estimated increase would be 15.3 cents.
Ms. Owens described the Five-Year Summary of Capital, Economic
Development Incentives and Debt report, indicating the only capital dollars proposed for
fiscal year 2010-2011 are earmarked for a contractual obligation to Lawson Payroll
System, building and facility maintenance, vehicle replacement (large equipment, such
as a garbage truck), National Pollutant Discharge Elimination System (NPDES)
Stormwater Management and park maintenance. She also reviewed the County's
Economic Development Incentive Agreements and advised that Roanoke County is
obligated to reimburse the companies under these agreements. Some past agreements
have expired resulting in some savings for the coming fiscal year.
Supervisor Elswick requested that staff review take-home vehicle usage
and felt this is a very large expense item. Chairman Church asked staff to provide this
information at a future meeting.
Mr. Robertson reviewed an analysis of position counts within Roanoke
County where personnel reductions have occurred, noting the cuts exclude Public
Safety and Social Services, which have been identified by the Board as priority. He also
reviewed the Expenditure Scenarios report and advised that departments are currently
creating scenarios for an additional 10% reduction in their individual operating budgets.
The General Government Expenditure Summary represented operational budget
reductions for fiscal years 2009, 2010 and 2011, indicating tentative proposed
reductions in staff through attrition. Mr. Goodman indicated staff is considering moving
64 February 23, 2010
employees from lower priority positions into higher priority positions when needed.
Mr. Robertson additionally provided the Board with historical information
on transfers to Schools beginning with fiscal year 2007 and a projection for fiscal year
2011. He indicated sales tax figures for the past Christmas season are in and are lower
than the prior year.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Supervisor Church moved to return to open session and
adopt the certification resolution.
RESOLUTION 022310-4 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 Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Resolution of congratulations to the Glenvar Middle School
Robotics team for placing first in the State
Principal Dr. Julie Myers, Sponsor Sarah Gerrol, all members of the team
and many family members were present. Ms. Gerrol briefly described the criteria for the
February 23, 2010 65
competition.
RESOLUTION 022310-5 OF CONGRATULATIONS TO THE
GLENVAR MIDDLE SCHOOL ROBOTICS TEAM FOR WINNING
THE VIRGINIA/DC REGIONAL ROBOTICS CHAMPIONSHIP
WHEREAS, engineering and technology skills are a vital component to educating
students for 21St Century learning skills and an integral part of the curriculum in
Roanoke County Public Schools; and
WHEREAS, this was the first year that the Glenvar Middle School Robotics team
had competed in the regional competition; and
WHEREAS, the Glenvar Middle School Robotics team won the Virginia/DC
Regional Robotics Championship on November 8, 2009; and
WHEREAS, the Robotics team received exceptional coaching and leadership
from their team sponsor, Mrs. Sarah Gerrol, technology teacher at Glenvar Middle
School.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
members of the GLENVAR MIDDLE SCHOOL ROBOTICS TEAM: Nicholas Taylor,
Carter Holliday, Josh Watts, Ryan Devens, Sam Shaffer and Levi Mullins for an
outstanding performance, their dedication, talent, creativity and commitment to their
team; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to the members of the team, the sponsor and the school in their future
endeavors.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: PUBLIC HEARINGS
1. Public hearings for citizen comment on the following items:
(Brent Robertson, Director of Management and Budget)
(a) General comment on the upcoming annual budget for fiscal
year 2010-2011
No citizens spoke on this item.
66 February 23, 2010
(b) Real estate, personal property and machinery and tools tax
rates
Mr. Max Beyer of 2402 Coachman Drive, Roanoke spoke on this item. He
requested the Board not increase real estate taxes and thanked them for considering it
tonight. He stated that he attended the budget work session this afternoon and is
impressed with the "can-do" attitude of the Board and staff and commended them for
their work on the budget.
2. Request to adopt the following tax rates for calendar year 2010:
(Brent Robertson, Director of Management and Budget)
(a) Real estate tax rate of $1.09 per $100 assessed valuation
There was no discussion and no citizens spoke on this item.
ORDER 022310-6 SETTING THE TAX RATE ON REAL ESTATE
SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR
2010
BE IT ORDERED by the Board of Supervisors of Roanoke County,
Virginia, that the levy for the twelve-month period beginning January 1, 2010, and
ending December 31, 2010, be, and hereby is, set for a tax rate of $1.09 per one
hundred dollars of assessed valuation on all taxable real estate and mobile homes
classified by Sections 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506. B of the
1950 Code of Virginia, as amended, situate in Roanoke County.
On motion of Supervisor Flora to adopt the order, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
(b) Personal property tax rate of $3.50 per $100 assessed
valuation
There was no discussion and no citizens spoke on this item.
ORDER 022310-7 SETTING THE TAX LEVY ON PERSONAL
PROPERTY SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 2010
February 23, 2010 67
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the levy for the twelve-month period beginning January 1, 2010, and
ending December 31, 2010, be, and hereby is, set for a tax rate of $3.50 per one
hundred dollars of assessed valuation on all taxable, tangible personal property,
excluding that class of personal property generally designated as machinery and tools
as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and
excluding all those classes of household goods and personal effects as are defined in
Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but
including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-
3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service
corporations based upon the assessed value thereof fixed by the State Corporation
Commission and duly certified.
2. That there be, and hereby is, established as a separate class of personal
property in Roanoke County those items of personal property set forth in Section 58.1-
3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No.
121592-11, and generally designated as Motor Vehicles for Disabled Veterans.
3. That the levy for the twelve-month period beginning January 1, 2010, and
ending December 31, 2010, be, and hereby is, set at fifty (50%) percent of the tax rate
established in paragraph 1 for the taxable, tangible personal property as herein
established as a separate classification for tax purposes and as more fully defined by
Section 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated
as Motor Vehicles for Disabled Veterans.
On motion of Supervisor Altizer to adopt the order, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
(c) Machinery and tools tax rate of $3.00 per $100 assessed
valuation
There was no discussion and no citizens spoke on this item.
ORDER 022310-8 SETTING THE TAX LEVY ON A
CLASSIFICATION OF PERSONAL PROPERTY - MACHINERY
AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 2010
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
68 February 23, 2010
1. That there be, and hereby is, established as a separate class of personal
property in Roanoke County those items of personal property set forth in Section 58.1-
3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery
and tools.
2. That the levy for the twelve-month period beginning January 1, 2010, and
ending December 31, 2010, be, and hereby is, set for a tax rate of $3.00 per one
hundred dollars of assessed valuation on all taxable, tangible personal property as
herein established as a separate classification for tax purposes and as more fully
defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally
designated as machinery and tools.
On motion of Supervisor Flora to adopt the order, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: PUBLIC HEARINGS AND APPROVAL OF RESOLUTIONS
1. Public hearing and adoption of a resolution amending the
Roanoke County Comprehensive Plan to incorporate the Vinton
Area Corridors Plan (Philip Thompson, Deputy Director of
Planning; Lindsay Blankenship, Planner II)
Mr. Dave Jones, a citizen and business operator in the Town of Vinton,
who is the Town's current Planning Commission Chairman, advised that Vinton gave
the County a hard time with this plan. He indicated that Vinton has high expectations
and it is his opinion that those have been met. Mr. Jones noted that Vinton's
terminology is different from the County's, which was the tough part of the study. He felt
there was good representation on what the citizens want. Although there were some
challenges, it is a good overall plan. He requested that the Board move ahead with the
plan.
Mr. Mahoney suggested that the resolution be modified on page two;
paragraph one, adding a reference to Future Land Use Scenario Number Four, as
recommended by the Planning Commission.
RESOLUTION 022310-9 APPROVING AND ADOPTING AN
AMENDMENT TO THE COMPREHENSIVE PLAN FOR
ROANOKE COUNTY, VIRGINIA, INCORPORATING THE
VINTON AREA CORRIDORS PLAN
WHEREAS, on December 7, 2009, the Planning Commission held a public
hearing on an amendment to the Comprehensive Plan incorporating the Vinton Area
February 23, 2010 69
Corridors Plan, after advertisement and notice as required by Section 15.2-2204 of the
Code of Virginia; and
WHEREAS, on February 23, 2010, the Board of Supervisors held a public
hearing on an amendment to the Comprehensive Plan incorporating the Vinton Area
Corridors Plan, after advertisement and notice as required by Section 15.2-2204 of the
Code of Virginia; and
WHEREAS, Roanoke County, Virginia, has a long and successful history of
community planning that has emphasized citizen involvement and participation; and
WHEREAS, Section 15.2-2223 of the Code of Virginia requires that the Planning
Commission of every jurisdiction shall prepare and recommend a comprehensive plan
for the physical development of their jurisdiction; and WHEREAS, Section 15.2-2229 of
the Code of Virginia provides for amendments to the comprehensive plan by the
Planning Commission if so directed by the Board of Supervisors; and
WHEREAS, the Planning Commission has reviewed and recommended an amendment
to the Comprehensive Plan for Roanoke County entitled "Vinton Area Corridors Plan,"
and said plan has been prepared in accordance with Sections 15.2-2223, 2224, and
2229 of the Code of Virginia; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Comprehensive Plan is hereby amended by the adoption of the
Vinton Area Corridors Plan, with future land use Scenario 4.
2. That this Resolution is effective from and after February 23, 2010.
On motion of Supervisor Altizer to adopt the resolution with Future Land Use
Scenario Number Four, and carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Resolution expressing the intent of the Board of Supervisors to
proceed with the creation of a Community Development Authority
for the South Peak/Slate Hill Project (Paul M. Mahoney, County
Attorney)
Mr. Max Beyer of 2402 Coachman Drive, Roanoke spoke in opposition of
this item. Mr. Beyer questioned why, if the project has commercial worth, can the
developer not build without County involvement and indicated it is his opinion the
development is very risky.
Smith-Packett presented a PowerPoint on their past/current developments
and the proposed South Peak development. Mr. Hunter Smith stated that it is his
opinion the only way for Smith-Packett to move forward with the development is through
a CDA. They also presented a list of potential retailers and restaurants that may be
interested in developing at South Peak.
70 February 23, 2010
RESOLUTION 022310-10 EXPRESSING THE INTENT OF THE
BOARD OF SUPERVISORS TO PROCEED WITH THE
CREATION OF A COMMUNITY DEVELOPMENT AUTHORITY
FOR THE SOUTH PEAK/SLATE HILL PROJECT
WHEREAS, Smith-Packett, Inc. has proposed to construct a mixed-use,
economic development project on property located at the intersection of Route 419 and
Interstate 581/Route 220; and
WHEREAS, Smith-Packett, Inc. has also proposed that Roanoke County
authorize the creation of a community development authority (CDA) pursuant to Article
6 of Chapter 51 of Title 15.2 of the Code of Virginia in order to assist in the financing of
certain public infrastructure improvements to serve this project; and
WHEREAS, Smith-Packett, Inc. has submitted to Roanoke County staff certain
preliminary information concerning the development and financing of this project, and it
has requested the Board of Supervisors to provide it with a statement of intent
concerning this project; and
WHEREAS, the Board of Supervisors held a public hearing on this resolution
prior to its adoption; notice for said public hearing having been published in the
Roanoke Times and World News and posted on the County's webpage.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That it will consider the adoption of an ordinance creating a CDA for the
South Peak/Slate Hill development. Further, the Board encourages Smith-Packett, Inc.
to initiate the creation of this CDA by complying with policy guidelines for the approval
of the creation of a CDA found in Resolution 092308-1 by submitting a petition, draft
memorandum of understanding, draft ordinance, and the sum of $20,000 to cover the
County's anticipated costs in the review of this petition.
2. That the County Administrator is authorized and directed to schedule a
public hearing on the adoption of an ordinance to create the CDA upon receipt of the
items specified in paragraph 1, above.
3. That based upon a preliminary examination of materials submitted to the
County by Smith-Packett, Inc. (Projection No. 12, dated December 3, 2009), it is the
intent of the Board to approve a tax increment contribution plan on terms acceptable to
the Board including provisions in the memorandum of understanding and ordinance
creating the CDA relating to the maximum amount and the term of the CDA bonds and
the proposed mixed use development within the CDA. This CDA project will provide for
a mixed use development with an anticipated construction value of approximately $15
million, with tax increment financing revenues not to exceed 70% of these construction
values for period of time not to exceed 20 years. The proposed commercial uses in this
project shall be businesses that are new and unique to the Roanoke region. These
February 23, 2010 71
proposed commercial uses shall be subject to performance standards to be provided in
the memorandum of understanding and ordinance.
4. That the bonds issued by this proposed CDA shall not be issued unless
and until said bonds issuance is specifically reviewed and approved by the Board of
Supervisors. Further, the payment of the principal and interest on these bonds shall be
secured not only by a portion of the new local tax revenues generated by this project,
but also, by a special assessment on all of the real estate within the CDA.
5. That the adoption of a memorandum of understanding and ordinance
creating a CDA for South Peak/Slate Hill and the issuance of bonds by the CDA is
subject to numerous details yet to be negotiated and subject to the satisfaction of all
parties.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Flora, Elswick, Church
NAYS: Supervisor Altizer
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore thanked Kari Decker of Parks, Recreation and Tourism
for her hard work on and the sponsors for hosting the Therapeutic Recreation Services
of the Roanoke Valley's wonderful 25t" annual Valentine Ball held on February 16t" at
the Hotel Roanoke.
Supervisor Elswick thanked the people who braved the ice on Bent
Mountain to pick up the garbage this week, even though they had to bring spick-up
truck instead of a trash truck.
Supervisor Church stated that on February 18th, he accompanied the
Northside High School football champions, cheerleaders and parents to Richmond,
where the team was honored with resolutions on both the House and Senate floors.
The team met Governor McDonnell. He thanked the governor, Majority Leader Morgan
Griffith, Delegate Bill Cleaveland, Senator John Edwards and Senator Ralph Smith for
the time spent honoring the team. He offered a special thank you to the Governor's
photographer, Michaele White, for the extra time she spent taking additional photos and
placing them on the Governor's website. He thanked Teresa Hall, who also placed the
photos on the County's website.
Supervisor Church indicated that he was in attendance with Paul
Mahoney, Charlotte Moore, Clay Goodman and other staff members for the Investiture
Ceremony of the County's newly appointed Sheriff, Mike Winston. He commented that
this will be a change after approximately 30 years under the direction of Sheriff Holt.
Supervisor Church also thanked Kari Decker, Pete Haislip and sponsors
for the Valentine Ball. There were over 300 in attendance. He extended special thanks
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February 23, 2010
to Miss Roanoke Valley, Madison Van Duyne, for extending her visit to have
photographs taken with each participant.
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 8:50 p.m. to the special
meeting on March 2, 2010, at 2:00 p.m. to be held at the Roanoke County
Administration Center.
Submitted by: Approved by:
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Becky R Meador Jose h B. "Butch" Church
Clerk to the Board Chairman