Meeting Date: Monday, March 7, 2011
Meeting Time: 6:30 PM
Meeting Location: Crossroads Institute- Conference Room
1117 East Stuart Drive; Galax, Virginia
The governing boards of Carroll County, the City of Galax, and Grayson County, along with the Board of Directors of the Blue Ridge Crossroads Economic Development Authority, will hold a joint called meeting on Monday, March 7, 2011 at 6:30 PM at the Crossroads Institute in Galax, Virginia. The purpose of the joint called meeting is for the governing bodies to hold a closed session, in accordance with the Virginia Code Section 2.2-3711 A (3) discussion relating to the acquisition of real property, A (5) discussion concerning a prospective business or industry, A(6) discussion or consideration of the investment of public funds and A(7) consultation with legal counsel. In open session, the governing bodies will consider a resolution demonstrating the moral obligation of Carroll County, the City of Galax and Grayson County to incur the debt service associated with the acquisition of real property, namely 167 acres known as the Wildwood Commerce Park.
Posted February 23, 2011
Thursday, February 24, 2011
Wednesday, February 23, 2011
NOTICE OF PUBLIC HEARING
VOLUNTARY SETTLEMENT OF ANNEXATION
TOWN OF HILLSVILLE AND CARROLLCOUNTY
VOLUNTARY SETTLEMENT OF ANNEXATION
TOWN OF HILLSVILLE AND CARROLLCOUNTY
Please take notice that the Board of Supervisors of Carroll County, Virginia will hold a public hearing at the Board of Supervisors Conference Room, 2nd Floor, 605-1 Pine Street, Hillsville, VA 24343, on March 14, 2011, at 5:30 p.m., or as soon thereafter as the matter may be heard, on a Voluntary Settlement of Annexation, Revenue, and Utility Issues between the Town of Hillsville and Carroll County (the “Settlement Agreement”), and the Board of Supervisors thereafter will consider for passage an ordinance to approve the Settlement Agreement.
The Settlement Agreement is a voluntary settlement authorized by Section 15.2-3400 of the Code of Virginia (1950), as amended, and provides for the immediate annexation to the Town of Hillsville (the Town) of approximately 615 acres of territory presently located only within Carroll County (the “County”) extending to and surrounding the Exit 14 I-77 interchange, for continued revenue-sharing from that territory, for the settlement of utility contract disputes and the termination of certain utility contracts, for a waiver of certain annexation rights for a period of 40 years, and for other terms and conditions.
The Town and the County presented the Settlement Agreement to the Commission on Local Government (the “Commission”), which conducted a hearing as required by law and which issued its findings and recommendations in a January 2010 Report. The Town and the County propose to revise the Settlement Agreement to incorporate the Commission’s recommendations that (i) the Settlement Agreement contain a non-binding alternative dispute resolution provision and (ii) that one parcel of land be added to the territory to be annexed. The Settlement Agreement is otherwise unchanged and provides generally as follows:
1. Boundary Adjustment and Revenue Sharing. As stated above, the Settlement Agreement provides for the Town’s boundaries to be adjusted to include an area of approximately 609 acres extending to and surrounding the Exit 14 I-77 interchange and a smaller 6.8 acre area on the south side of Town that is already surrounded by the Town on three sides. The Settlement Agreement, including the boundary adjustment, will become effective at the beginning of July after the Settlement Agreement receives the approval of a special court, as required by the Virginia Code. The Town and the County will split equally certain tax revenues from the boundary adjustment areas. The Settlement Agreement provides that County-owned land adjacent to the Town may, at the County’s option and cost, be included within the Town in a further boundary adjustment.
2. Utility Disputes, Contracts, and Services. After the Settlement Agreement receives final court approval, attorneys for the Town and the County will dismiss certain pending lawsuits between the Town and the County related to two utility contracts (the 1953 contract and the 1986 contract). Those two contracts will also be terminated, and the Settlement Agreement establishes new terms for the provision of water and sewer services, which would essentially treat the County as a regular commercial customer. A 2004 interim agreement, which the Town and County entered into while litigation was pending, will also be terminated. The Settlement Agreement further provides, in accordance with the current geographical scope of the parties’ water and sewer systems, that the County Public Service Authority will have the right to provide water and sewer services to the larger boundary adjustment area near the interchange, and that the Town will have the right to provide water and sewer to the smaller boundary adjustment area south of Town. Current arrangements and negotiations regarding sewer service east of Town and water service south of Town will be unaffected.
3. Waiver of Rights. The Settlement Agreement provides that the Town agrees to waive further annexation rights and its right to seek city status for 40 years.
4. Court Approval. After approval by their governing bodies, the Town and the County will promptly take steps required by Virginia law to obtain approval of the Settlement Agreement by a special court constituted for that purpose. If the Settlement Agreement is not approved without modification, it will terminate unless the parties agree to any modifications in writing.
5. Miscellaneous Provisions. The Settlement Agreement also contains provisions relating to the process by which the Settlement Agreement may be amended or supplemented in the future, the binding effect of the Settlement Agreement on future governing bodies of the Town and the County and any successor to the Town or the County, and the enforcement of the terms and conditions of the Settlement Agreement.
The foregoing description is only a summary of the Settlement Agreement and anyone wishing to see the details and all terms and conditions should refer to the full text of the Settlement Agreement and exhibits thereto. A copy of the Settlement Agreement, as revised, is on file and will be made available for inspection in the Clerk’s Office of the Circuit Court of Carroll County located at 605 Pine Street, Hillsville, VA 24343-0218, in the Town of Hillsville, Virginia.
All interested persons are invited to attend and present their views at the above time and place. Anyone having questions on this matter should contact the Office of the County Administrator, 605-1 Pine Street, Hillsville, Virginia 24343, (276) 730-3001. Copies of the aforementioned proposed ordinance shall be available for public review and inspection by contacting the County Administrator.
If any individual needs auxiliary aids, please advise the Office of the County Administrator five (5) business days prior to the public hearing.
Gary Larrowe
The Settlement Agreement is a voluntary settlement authorized by Section 15.2-3400 of the Code of Virginia (1950), as amended, and provides for the immediate annexation to the Town of Hillsville (the Town) of approximately 615 acres of territory presently located only within Carroll County (the “County”) extending to and surrounding the Exit 14 I-77 interchange, for continued revenue-sharing from that territory, for the settlement of utility contract disputes and the termination of certain utility contracts, for a waiver of certain annexation rights for a period of 40 years, and for other terms and conditions.
The Town and the County presented the Settlement Agreement to the Commission on Local Government (the “Commission”), which conducted a hearing as required by law and which issued its findings and recommendations in a January 2010 Report. The Town and the County propose to revise the Settlement Agreement to incorporate the Commission’s recommendations that (i) the Settlement Agreement contain a non-binding alternative dispute resolution provision and (ii) that one parcel of land be added to the territory to be annexed. The Settlement Agreement is otherwise unchanged and provides generally as follows:
1. Boundary Adjustment and Revenue Sharing. As stated above, the Settlement Agreement provides for the Town’s boundaries to be adjusted to include an area of approximately 609 acres extending to and surrounding the Exit 14 I-77 interchange and a smaller 6.8 acre area on the south side of Town that is already surrounded by the Town on three sides. The Settlement Agreement, including the boundary adjustment, will become effective at the beginning of July after the Settlement Agreement receives the approval of a special court, as required by the Virginia Code. The Town and the County will split equally certain tax revenues from the boundary adjustment areas. The Settlement Agreement provides that County-owned land adjacent to the Town may, at the County’s option and cost, be included within the Town in a further boundary adjustment.
2. Utility Disputes, Contracts, and Services. After the Settlement Agreement receives final court approval, attorneys for the Town and the County will dismiss certain pending lawsuits between the Town and the County related to two utility contracts (the 1953 contract and the 1986 contract). Those two contracts will also be terminated, and the Settlement Agreement establishes new terms for the provision of water and sewer services, which would essentially treat the County as a regular commercial customer. A 2004 interim agreement, which the Town and County entered into while litigation was pending, will also be terminated. The Settlement Agreement further provides, in accordance with the current geographical scope of the parties’ water and sewer systems, that the County Public Service Authority will have the right to provide water and sewer services to the larger boundary adjustment area near the interchange, and that the Town will have the right to provide water and sewer to the smaller boundary adjustment area south of Town. Current arrangements and negotiations regarding sewer service east of Town and water service south of Town will be unaffected.
3. Waiver of Rights. The Settlement Agreement provides that the Town agrees to waive further annexation rights and its right to seek city status for 40 years.
4. Court Approval. After approval by their governing bodies, the Town and the County will promptly take steps required by Virginia law to obtain approval of the Settlement Agreement by a special court constituted for that purpose. If the Settlement Agreement is not approved without modification, it will terminate unless the parties agree to any modifications in writing.
5. Miscellaneous Provisions. The Settlement Agreement also contains provisions relating to the process by which the Settlement Agreement may be amended or supplemented in the future, the binding effect of the Settlement Agreement on future governing bodies of the Town and the County and any successor to the Town or the County, and the enforcement of the terms and conditions of the Settlement Agreement.
The foregoing description is only a summary of the Settlement Agreement and anyone wishing to see the details and all terms and conditions should refer to the full text of the Settlement Agreement and exhibits thereto. A copy of the Settlement Agreement, as revised, is on file and will be made available for inspection in the Clerk’s Office of the Circuit Court of Carroll County located at 605 Pine Street, Hillsville, VA 24343-0218, in the Town of Hillsville, Virginia.
All interested persons are invited to attend and present their views at the above time and place. Anyone having questions on this matter should contact the Office of the County Administrator, 605-1 Pine Street, Hillsville, Virginia 24343, (276) 730-3001. Copies of the aforementioned proposed ordinance shall be available for public review and inspection by contacting the County Administrator.
If any individual needs auxiliary aids, please advise the Office of the County Administrator five (5) business days prior to the public hearing.
Gary Larrowe
County Administrator
Monday, February 14, 2011
Statewide Burning Ban
The Commonwealth’s 4 p.m. Burning Law goes into effect Feb. 15, 2011 – the start of spring fire season in Virginia.
This law prohibits burning before 4 p.m. each day (Feb. 15 – April 30) if the fire is in, or within 300 feet of, woodland, brushland or fields containing dry grass or other flammable materials.
A violation of this law is a Class 3 misdemeanor punishable by up to a $500 fine. In addition to the criminal violation, those who allow a fire to escape are liable for the cost of suppressing the fire as well as any damage caused to others’ property
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