HomeMy WebLinkAbout8/24/2021 - Regular
Roanoke County
Board of Supervisors
August 24, 2021
NOTE: THERE WILL NOT BE A 7:00 P.M. SESSION AS THERE ARE
NO PUBLIC HEARINGS SCHEDULED.
INVOCATION:
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
e official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
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Roanoke County
Board of Supervisors
Agenda
August 24, 2021
Good afternoon and welcome to our meeting for August 24, 2021. Regular meetings
are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at
7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be
announced. The meetings are broadcast live on RVTV, Channel 3, and will be
rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of
Supervisors meetings can also be viewed online through Roanoke County
www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for
everyone to speak directly into the microphones at the podium. Individuals who require
assistance or special arrangements to participate in or attend Board of Supervisors
meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in
advance. Please turn all cell phones off or place on silent.
A. OPENING CEREMONIES
1. Roll Call
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation commemorating the 100th Anniversary of the Roanoke Valley
Association of REALTORS (Jill Loope, Director of Economic Development)
D. BRIEFINGS
1. Briefing to update the Board of Supervisors on the Virginia Department of
Transportation (VDOT) project to repair a Route 220 slope failure at Crossbow
Circle (Megan Cronise, Transportation Planning Administrator)
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E. FIRST READING OF ORDINANCES
1. Ordinance amending Chapter 21 (Taxation), Article IX (Transient Occupancy
Tax) of the Roanoke County Code (Peter S. Lubeck, County Attorney)
F. SECOND READING OF ORDINANCES
1. Ordinance approving a lease with .com Properties, IV, LLC for 40 parking spaces
of a lot located at 200 East Calhoun Street (Joyce Earl, Director of Social
Services; Mary Beth Nash, Senior Assistant County Attorney)
G. APPOINTMENTS
1. Library Board (appointed by District)
2. Parks, Recreation and Tourism Advisory Commission (appointed by District)
H. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY
THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION
IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY
1. Approval of minutes May 11, 2021
I. CITIZENS' COMMENTS AND COMMUNICATIONS
J. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2021
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of July 31, 2021
5. Accounts Paid July 31, 2021
6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of
July 31, 2021
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K. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Martha B. Hooker
2. Phil C. North
3. David F. Radford
4. Paul M. Mahoney
5. P. Jason Peters
L. WORK SESSIONS
1. Work session with the Roanoke County Board of Supervisors and the Towing
Advisory Board (Richard L. Caywood, Assistant County Administrator; Rachel
Lower, Senior Assistant County Attorney; Rick James, Chairman, County of
Roanoke Towing Board)
2. Work session with the Board of Supervisors on the potential regulation of running
bamboo (Peter S. Lubeck, County Attorney)
M. NEW BUSINESS
1. Resolution establishing certain regulations of police-initiated towing services in
Roanoke County (Peter S. Lubeck, County Attorney)
N. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711.A.3 To discuss or consider the acquisition of real property,
where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body. Specifically, the Board will
consider the acquisition of potential property for fire and rescue purposes
2. Section 2.2-3711.A.1 To discuss the future retirement of the County
Administrator, and to discuss the interviewing and appointment of prospective
candidates for this position
O. CERTIFICATION RESOLUTION
P. ADJOURNMENT
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ACTION NO.
ITEM NO. C.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Proclamation commemorating the 100th Anniversary of the
Roanoke Valley Association of REALTORS
SUBMITTED BY: Jill Loope
Director of Economic Development
APPROVED BY:
County Administrator
ISSUE:
This time has been set aside to recognize the Roanoke Valley Association of
REALTORS for their 100th Anniversary in Roanoke. Joe Sutliff, Director of Economic
and Governmental Affairs will accept the Proclamation on behalf of the Association.
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ACTION NO.
ITEM NO. D.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Briefing to update the Board of Supervisors on the Virginia
Department of Transportation (VDOT) project to repair a
Route 220 slope failure at Crossbow Circle
SUBMITTED BY: Megan Cronise
Transportation Planning Administrator
APPROVED BY:
County Administrator
ISSUE:
This agenda item is to brief the Board of Supervisors on upcoming Route 220 slope
repairs at Crossbow Circle.
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ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Ordinance amending Chapter 21 (Taxation), Article IX
(Transient Occupancy Tax) of the Roanoke County Code
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY:
County Administrator
ISSUE:
Amend the Roanoke County Code to incorporate recent changes made to the Code of
Virginia regarding localities' imposition of a transient occupancy tax. Specifically,
localities are now authorized to tax "accomodations intermediaries."
BACKGROUND:
Virginia Code § 58.1-3819 to § 58.1-3926 authorizes localities to collect transient
occupancy tax on the gross proceeds of room rentals of hotels, travel campgrounds,
and other facilities offering guest rooms rented out for continuous occupancy for fewer
than 30 consecutive days.
The County requires the collection of transient occupancy tax on establishments
offering lodging space able to accommodate five or more transients at one time. The
County requires collection of the tax from transients at a rate of seven percent of the
ths
total room charge. The County allocates 3/7of the charge
Ridge for tourism initiatives, and allocates the remainder of the collected tax to the
DISCUSSION:
The proposed ordinance amendments, consistent with the changes to the Code of
Virginia (Sections 58.1-3818.8 and 58.1-3819) enacted by the 2021 General Assembly
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(and which become effective on September 1, 2021), will require persons or entities
offering room rentals to calculate the transient occupancy tax based on the total charge
to the customer, including accommodation fees charged to the customer by online travel
companies or other "accommodations intermediaries." Prior to these amendments,
transient occupancy tax was calculated based on the total charge for the room collected
by the lodging establishment (but not on any intermediary).
The ordinance amendments also clarify that although the County's Commissioner of
Revenue assesses the tax, tax payments should be made to the County Treasurer.
FISCAL IMPACT:
Transient occupancy tax revenues in the fiscal year 2022 budget total $807,597. This
budgeted amount is reduced because of the COVID pandemic; historically, the County
has collected approximately $1.4 to $1.5 million per year in transient occupancy tax
revenues.
While these changes will result in a positive impact on revenues, as transient
occupancy tax will now be based on the total charge paid by the customer and not just
on the room rental paid to the lodging facility, the impact is not likely to be significant.
The exact amount is difficult to calculate without knowing the amount of additional fees
and charges not previously included in the gross revenues for tax collection.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the first reading of the proposed ordinance
and set the second reading and a public hearing for September 7, 2021.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 24, 2021
ORDINANCE AMENDING CHAPTER 21 (TAXATION), ARTICLE IX
(TRANSIENT OCCUPANCY TAX) OF THE ROANOKE COUNTY CODE
WHEREAS, the proposed ordinance amendments, consistent with the changes to
the Code of Virginia (Sections 58.1-3818.8 and 58.1-3819) enacted by the 2021 General
Assembly (and which become effective on September 1, 2021), will require persons or
entities offering room rentals to calculate the transient occupancy tax based on the total
charge to the customer, including accommodation fees charged to the customer by online
travel companies or other "accommodations intermediaries"; and
WHEREAS, prior to these amendments, transient occupancy tax was calculated
based on the total charge for the room collected by the lodging establishment (but not on
any intermediary); and
WHEREAS, the ordinance amendments also clarify that although the County's
Commissioner of Revenue assesses the tax, tax payments should be made to the County
Treasurer; and
WHEREAS, the first reading of this ordinance was held on August 24, 2021, and
the second reading and public hearing were held on September 7, 2021.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that the Roanoke County Code is hereby amended to read and provide
as follows:
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Note: Text additions are in red font. Text deletions are in red font and are struck through.
ARTICLE IX. - TRANSIENT OCCUPANCY TAX
Sec. 21-201. - Definitions.
As used in this article, unless the context clearly indicates otherwise:
(a) Transient. "Transient" means any person who exercises occupancy or is entitled
to occupancy by reason of concession, permit, right of access, license or other
agreement, either at his own expense or at the expense of another, for a period
of twenty-ninethirty (2930) consecutive calendar days or less, counting portions
of calendar days as full days. Any such person so occupying space in a hotel or
travel campground for which charge is made shall be deemed to be a transient
until the period of twenty-ninethirty (3029) days has expired unless there is an
agreement in writing between the operator and the occupant providing for a
longer period of occupancy, or the occupant has paid in advance for over twenty-
ninethirty (3029) days of occupancy. In determining whether a person is a
transient, uninterrupted periods of time extending both prior and subsequent to
the effective date of this article may be considered.
(b) Occupancy. "Occupancy" means the use or possession or the right to the use or
possession of any room or rooms or portion thereof, in any hotel for dwelling,
lodging or sleeping purposes.
(c) Hotel. "Hotel" includes, but is not limited to, any structure, or any portion of any
structure, which is occupied or intended or designed for occupancy by transients
for dwelling, lodging or sleeping purposes, and includes any public or private
hotel, inn, tourist home or house, motel, house, boarding house, dormitory, public
or private club, apartment hotel, hostelry, mobile house or house trailer at a fixed
location, or other similar structure or portion thereof within the county which offers
lodging for five (5) or more persons at any one time and the owner and operator
thereof offers lodging to any transient for compensation.
(d) Travel campground means any area, site, lot, field, or tract of land offering spaces
for recreational vehicles or campsites for transient dwelling purposes, or
temporary dwelling during travel, or recreational or vacation uses.
(e) Operator. "Operator" means the person who is proprietor of the hotel or travel
campground, whether in the capacity of owner, lessee, sublessee, mortgagee in
possession, licensee, or any other capacity. Where the operator performs his
functions through a managing agent of any type or character other than an
employee, the managing agent shall also be deemed an operator for the
purposes of this section and shall have the same duties and liabilities as his
principal. Compliance with the provisions of this section by either the principal or
the managing agent shall, however, be considered to be compliance by both.
(f) Rent. "Rent" means the total price, exclusive of any tax imposed on such charge,
paid by the customer for the occupancy of any hotel or travel campground for
lodging or space furnished to any transient. If the charge made by any hotel or
travel campground to a customer includes any charge for services or
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accommodations in addition to that of lodging and/or use of space, then such
portion of the total charge representing only lodging and/or space rental shall be
distinctly set out and billed to such customer by such hotel or travel campground
as a separate item. Room rental includes the full retail price charged to the
customer by any accommodations intermediary for the lodging or space
furnished to any transient, before taxes.
(f) means the consideration charged, whether or not received, for the occupancy of
space in a hotel or travel campground valued in money, whether to be received
in money, goods, labor or otherwise, including all receipts, cash, credits and
property and service of any kind or nature, without any deduction therefrom
whatsoever.
(g) Room rental. "Room rental" means the total charge made by any hotel or travel
campground for lodging or space furnished to any transient. If the charge made
by any hotel or travel campground to a transient includes any charge for services
or accommodations in addition to that of lodging and/or use of space, then such
portion of the total charge representing only lodging and/or space rental shall be
distinctly set out and billed to such transient by such hotel or travel campground
as a separate item.
(h)(g) Person. "Person" means any individual, firm, partnership, joint venture,
association, social club, fraternal organization, joint stock company, corporation,
estate, trust, business trust, receiver, trustee, syndicate, person acting in a
representative capacity, or any other group or combination acting as a unit.
(i)(h) Commissioner of the revenue means the commissioner of the revenue of
Roanoke County, Virginia.
(j)(i) Treasurer means the treasurer of Roanoke County, Virginia.
(j) License inspector means a license inspector in the office of the Commissioner of
the Revenue of Roanoke County, Virginia.
(k) Accommodations intermediary. Accommodations intermediary means any
person other than an operator that facilitates the sale of an accommodation,
charges a room charge to the customer, and charges an accommodations fee to
the customer, which fee it retains as compensation for facilitating the sale. For
or in any other way arranging for the purchase of the right to use accommodations
via a transaction directly, including via one or more payment processors, between
a customer and an Operator.
(Ord. No. 85-120, § 2, 7-9-85, 9-07-21)
State Law reference Code of Virginia § 58.1-602, § 58.1-3818.8
Sec. 21-202. - Levied; rate.
In addition to any other tax imposed by law, there is hereby imposed on each and every
customer a tax equivalent to seven (7) percent of the total rent, for a hotel or travel
campground, paid by the customer for occupancy by a transient. There is hereby
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imposed a transient occupancy tax on hotels and travel campgrounds on each and
every transient, equivalent to seven (7) percent of the total amount of charge for the
occupancy of any room or space provided. Said tax constitutes a debt owed by the
transient to the county which is extinguished only by payment to the operator or to the
county. The transient shall pay the tax to the operator of the hotel or travel campground
or accommodations intermediary at the time the rent is paid. If the rent is paid in
installments, a proportionate share of the tax shall be paid with each installment. The
unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or
travel campground.
(Ord. No. 85-120, § 2, 7-9-85; Ord. No. 32393-9, § 1, 3-23-93; Ord. No. 082812-4 , § 1,
8-28-12, 9-07-21)
State Law reference Code of Virginia § 58.1-3818.8, § 58.1-3819.1
Sec. 21-204. - Collection.
Each operator or accommodations intermediary receiving any payment rent for room
rental with respect to which a tax is levied under this article shall collect the amount of
tax hereby imposed from the transient on whom the same is levied, or from the person
paying for such room rental, at the time payment rent for such room rental is made. The
taxes required to be collected hereunder shall be deemed to be held in trust by the
operator or accommodations intermediary required to collect the same until remitted as
required by this article. The amount of tax shall be separately stated from the amount
of the rent charged, and each transient shall receive a receipt for payment from the
operator or accommodations intermediary. No operator of a hotel or travel campground
or accommodations intermediary shall advertise or state in any manner, whether directly
or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator
or accommodations intermediary, or that it will not be added to the rent, or that, if added,
any part will be refunded except in the manner hereinafter provided.
Sec. 21-205. - Reports and remittance of tax.
Each operator or accommodations intermediary collecting the tax levied under this
article shall make a report, upon such forms and setting forth such information as the
commissioner of the revenue may prescribe and require. Such report shall show the
amount of room rental charges collected and the tax required to be collected and shall
sign and deliver the same to the commissioner, with a remittance of such tax due to the
treasurer. Such reports and remittances shall be made quarterly on or before the last
day of October, January, April, and July in each year, and shall cover the amount of tax
collected during the three (3) months immediately preceding the months in which such
reports and remittances are required. If the remittance is by check or money order, the
same shall be payable to the county.
(Ord. No. 85-120, § 2, 7-9-85)
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Sec. 21-206. - Failure to collect, report or remit.
If any operator or accommodations intermediary shall fail or refuse to collect the tax
levied by this article and to make, within the time provided in this article, any report and
remittance required by this article, the commissioner shall proceed in such manner as
he may deem best to obtain facts and information on which to base his estimate of the
tax due. As soon as the commissioner shall procure such facts and information as he is
able to obtain upon which to base the assessment of any tax payable by any operator
or accommodations intermediary who has failed or refused to collect the same and to
make such report or remittance, he shall proceed to determine and assess against such
operator or accommodations intermediary the tax, interest, and penalties provided for
by this article and shall notify such operator or accommodations intermediary by
registered mail sent to his last known place of address of the total amount of such tax,
interest, and penalties, and the total amount thereof shall be payable within ten (10)
days from the date of such notice.
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-207. - Penalties and interest.
If any operator or accommodations intermediary fails or refuses to remit to the
commissioner of the revenuetreasurer the tax required to be collected and paid under
this article within the time and amount specified in this article, a penalty of ten (10)
percent of the amount of the tax, in addition to the amount of the tax, shall be imposed
by the treasurer of the county. Further, if the tax remains delinquent and unpaid for a
period of one month from the date same is due and payable, a second delinquency
penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax
and the initial ten (10) percent penalty, shall be imposed.
In addition to the penalties imposed, any operator or accommodations intermediary who
fails to remit any tax imposed by this article shall pay interest at the rate of one-half (½)
of one (1) percent per month on the amount of the tax exclusive of penalties, from the
date on which the remittance first became delinquent until paid. Every penalty imposed
and such interest as accrues under the provisions of this section shall become a part of
the tax herein required to be paid.
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-208. - Records to be kept.
It shall be the duty of every operator or accommodations intermediary liable for the
collection and payment to the county of any tax imposed by this section to keep and
preserve, for a period of two (2) years, such suitable records as may be necessary to
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determine the amount of such tax, which records the commissioner shall have the right
to inspect at all reasonable times.
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-209. - Cessation of business.
Whenever any operator or accommodations intermediary required to collect and pay to
the county a tax under this article shall cease to operate or otherwise dispose of his
business, any tax payable hereunder to the county shall become immediately due and
payable and such person shall immediately make a report and pay the tax due.
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-212. - Refunds.
(a) Whenever the amount of any tax, interest or penalty has been overpaid or paid
more than once or has been erroneously or illegally collected or received by the
county under this article, it may be refunded as provided in paragraphs (b) and
(c) of this section, provided a claim in writing therefore, stating under penalty of
perjury the specific grounds upon which the claim is founded, is filed with the
commissioner of the revenue within three (3) years of the date of payment. The
claim shall be on forms furnished by the commissioner of the revenue.
(b) An operator or accommodations intermediary may claim refund or take as credit
against taxes collected and remitted the amount over-paid, paid more than once
or erroneously or illegally collected or received when it is established in a manner
prescribed by the commissioner of the revenue that the person from whom the
tax has been collected was not a transient; provided, however, that neither a
refund nor a credit shall be allowed unless the amount of the tax so collected has
either been refunded to the transient or credited to rent subsequently payable by
the transient to the operator or accommodations intermediary.
(c) A transient may obtain a refund of taxes over-paid or paid more than once or
erroneously or illegally collected or received by the county by filing a claim in the
manner provided in paragraph (a) of this section, but only when the tax was paid
by the transient directly to the treasurercommissioner, or when the transient
having paid the tax to the operator or accommodations intermediary, establishes
to the satisfaction of the commissioner that the transient has been unable to
obtain a refund from the operator or accommodations intermediary who collected
the tax.
(d) No refund shall be paid under the provisions of this section unless the claimant
establishes his right by written records showing entitlement thereto.
(Ord. No. 85-120, § 2, 7-9-85)
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Sec. 21-213. - Actions to collect.
Any tax required to be paid by any transient under the provision of this article shall be
deemed a debt owed by the transient to the county. Any such tax collected by an
operator or accommodations intermediary which has not been paid to the county shall
be deemed a debt owed by the operator or accommodations intermediary to the county.
Any person owing money to the county under the provisions of this article shall be liable
in action brought in the name of the county for the recovery of such amount.
(Ord. No. 85-120, § 2, 7-9-85)
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ACTION NO.
ITEM NO. F.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Ordinance approving a lease with .com Properties, IV, LLC
for 40 parking spaces of a lot located at 200 East Calhoun
Street
SUBMITTED BY: Joyce Earl
Director of Social Services
APPROVED BY:
County Administrator
ISSUE:
Approval of a new lease for parking for Department of Social Services
BACKGROUND:
The Department of Social Services (DSS) building located at 220 East Main Street in
Salem has limited parking for the approximately one hundred DSS staff members and
the clients they serve. The County currently leases parking spaces that are directly
utilization of these 40 parking spaces.
DISCUSSION:
The parking spaces previously owned by Union Bank and Trust were purchased by
.com Properties, IV, LLC. The manager of .com Properties originally declined to
continue the lease, pending sale or lease of the other commercial buildings he owns,
however, a six-month term was agreed upon. There are no other viable options for
parking spaces.
There have been no changes since the first reading of this ordinance.
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FISCAL IMPACT:
Roanoke County will pay rent of $1,500 per month for the initial six-month term. We will
have the option to review this lease for six (6) additional months with the same terms
and conditions.
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 24,2021
ORDINANCE APPROVING A LEASE WITH.COM PROPERTIES, IV,
LLC,FOR 40PARKING SPACES OF A LOT LOCATED AT200 EAST
CALHOUN STREET IN SALEM, VIRGINIA
WHEREAS, the Roanoke County Department of Social Services(“DSS”)
employs more than 100persons and provides services to Roanoke County, the Town of
Vinton, and the City of Salem); and
WHEREAS DSS is located inaformer bank building located at 220 East Main
Street, Salem, Virginia; and
WHEREAS, the County owns some land adjacent to the DSS building, but such
land is insufficient to meet the parking needs of all staff members and clients of DSS;
and
WHEREAS,no otherreasonablysuitable parcels or tracts of land are available
for lease or sale to use asparking facilities to serve DSSstaff and clientsnearthe
County-owned DSS building; and
WHEREAS, .com Properties, IV, LLC, (“Dotcom”) is the successor in interest to
the prior banking institutions who owed the adjacent real estate; and
WHEREAS, the County has leased parking spaces from the banks thatowned
property adjacent to the DSS building for necessary use by DSS staff and clients since
the County acquired the building in2001.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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1.That pursuant to the provisions of Sections 2.01 and 2.03of the Charter of
Roanoke County, the County is authorized to acquire property, including the lease of
real estate; and
2.That pursuant to the provisions of Section 18.04 ofthe Charter of
Roanoke County, the acquisition of any interest in real estate shall be accomplished by
ordinance, the first reading of this ordinance was held on August 10, 2021, and the
second reading of this ordinance was held on August 24, 2021.
3.That the execution of a Lease Agreement(“Agreement”) with Dotcomto
lease 40parking spaces in a parking lot located at 200 East Calhoun Street,Salem,
Virginia, for use by DSSstaff and clients is hereby authorized.
4.That the lease term shall commence on September 1, 2021, and continue
for a period of six months,with the option to renew for an additional successive six-
month periods,upon thesame terms and conditions contained in the Agreement, unless
terminated as provided in the agreement.
5.That the rent shall be the sum of $1,500per monthduring the initial six-
monthterm.
6.That the County Administrator, or an Assistant County Administrator, is
authorized to execute such documents and take such actions on behalf of the Board of
Supervisors in this matter as are necessary to accomplish the lease of this property, all
of which shall be approved as to form by the County Attorney.
8.That this ordinance shall be effective on and from the date of its adoption.
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DEED of LEASE
WHEREAS, .com Properties, IV, LLC
Salem, Virginia, including commercial parking spaces located behind a building owned by
the Board of Supervisors of Roanoke County, Virginia for its Department of Social
Services ; and
WHEREAS, .com purchased commercial property previously owned by Union Bank
& Trust and assumed the existing lease between Union Bank and Roanoke County for such
parking spaces; and
WHEREAS, Roanoke County Department of Social Services has offices
near commercial property in Salem, Virginia and needs access to additional parking
spaces for its employees;
And WHEREAS, the County and .com have reached an agreement for the County to
lease parking spaces from .com for use by County employees, and the parties have agreed
to the following terms:
W I T N E S S E T H
This DEED OF LEASE, made and entered into this ________ day of September,
2021, by and between .COM PROPERTIES, IV, LLC, Grantor, hereinafter referred to as
,
political subdivision of the Commonwealth of Virginia, its successors or assigns, Grantee,
.
That for and in consideration of the premises and the mutual covenants contained
herein, the parties agree as follows:
1. Leased Premises. The Landlord hereby rents and leases to the Tenant, in
accordance with the terms and conditions set forth in this Agreement, the following real
property, herein referred to as tremises,-wit:
A portion of that tract or parcel of real estate containing forty (40) parking
spaces of a parking lot located at 200 E. Calhoun Street, Salem, Virginia,
bounded by Calhoun Street and Colorado Street, said parcel designated as
City of Salem Tax Map #106-13-9 (attached as ).
2. Term of Lease. The term of this lease shall be for a period of six (6) months,
said term to commence on September 1, 2021, and continue through February 28, 2022.
The Tenant shall have the option to renew this Lease for six (6) additional months
commencing March 1, 2022 and continuing until August 31, 2022, upon the same terms and
conditions contained in this Agreement; said lease may be renewed by providing written
notice to the Landlord on or before March 31, 2022. Either party may terminate this lease by
providing ninety days written notice unless the Premises are sold by the Landlord. In that
0 ¦¤ ΐ ®¥ Γ
case, Termination Notice will be sixty (60) days written notice from the Purchase Contract
Effective Date.
3. Rental. The Tenant shall pay as rent the sum of One Thousand Five
Hundred Dollars per month for the initial six-month term. Rent shall be payable each month
in advance by Tenant to Landlord at the address designated herein, or by electronic transfer
of funds,
appropriations being made for such purpose by the governing body of the County of
Roanoke.
4. Taxes. During the term of this Lease, Landlord shall remain responsible for
the payment of all taxes and assessments imposed on the Premises, provided, however,
that Tenant agrees to pay the amount of any real estate tax increase which is directly
attributable to improvements made to the premises by the Tenant.
5. Use and Possession. It is understood and agreed by the parties that the
Premises are to be used, during the term of this lease, for the purpose of parking or storing
motor vehicles, and may include the construction of certain improvements by the Tenant for
any related purposes. Any structures or other improvements placed upon the property by
the Tenants shall remain the property of the Tenant and may be removed at any time prior to
the expiration of this Agreement, but such removal shall not be deemed an abandonment or
storage facilities for petroleum products on the property.
6. Condition. The Tenant has examined and knows the condition of the
Premises and accepts same in its current condition. Tenant acknowledges that no
representation as to the condition or repair of the Premises thereof has been made by the
Landlord, except as provided for herein. The Premises shall be returned to the Landlord at
the expiration of this lease in its current condition and state of repair, with allowance for
ordinary wear and tear.
7. Liabilities. During the term of this Lease, Tenant will provide and pay for all
utilities which may be necessary to Tenant for the reasonable and proper use and enjoyment
of the demised premises by the Tenant. Landlord agrees to grant such approvals to the
utility companies as may be necessary for the installation of utility services.
8. Insurance. Tenant covenants that it shall, during the term of this lease, keep
in full force and effect a policy of general liability insurance or such comparable self-
insurance as may be authorized by the laws of the Commonwealth of Virginia with limits of at
least $1,000,000 for personal injury to or death of any one person and $2,000,000 for injury
to or death of more than one person in any one occurrence and $100,000 for property
damage.
0 ¦¤ Α ®¥ Γ
9. Landlord Covenants. Landlord covenants and represents that it has the full
and complete ownership of the leased Premises; that it has the full power and right to
execute this lease and to perform the obligations hereunder; that no private restrictions exist
with respect to the said premises or the use thereof; that no one, exclusive of the Landlord
and Tenant and their respective successors in interest, has any interest in or claim against
the leased premises; and that the proposed use of the leased premises by the Tenant is
lawful and permissible under all laws and regulations.
10. Notices. All written notices required or permitted by this Lease Agreement
may be delivered in person or shall be sent by certified mail, return receipt requested
(postage prepaid) to the Landlord or Tenant at the following addresses:
Landlord: Richard C. Bishop
.com Properties, IV, LLC
1401 Coulter Drive, NW
Roanoke, VA 24012
Tenant: Board of Supervisors of Roanoke County
Attn: Doug Blount, Director
Department of General Services
1206 Kessler Mill Road
Salem, VA 24153
11. Agent. Landlord acknowledges that no real estate agent was involved in this
transaction and agrees to indemnify and hold Tenant harmless from any claim for a
12. Modification. This Agreement represents the entire understanding between
the parties and may not be modified or changed except by written instrument executed by
the parties.
13. Governing Law. This Agreement shall be construed pursuant to the laws of
the Commonwealth of Virginia and shall be binding upon the parties hereto, their heirs,
personal representatives, successors and assigns.
14. Authority. This Lease Agreement is executed by the County Administrator of
Roanoke County by authority and on behalf of the Board of Supervisors of Roanoke County,
Virginia, pursuant to Ordinance #__________________________ adopted by said Board on
the ________ day of August, 2021.
15. Indemnification. Landlord shall indemnify Tenant and hold Tenant harmless
from and against any and all claims, actions, damages, liability and expense (including
without limitation, fees of attorneys, investigators and experts) in connection with the loss of
life, personal injury or damage to property caused to any person in or about the Premises or
occasioned wholly or in part by any act or omission of Landlord, its agents, contractors,
employees, licensees or invitees; unless such loss, injury or damage was caused solely by
the negligence of Tenant, its agents, employees, licensees or invitees. Tenant agrees that it
0 ¦¤ Β ®¥ Γ
maintains liability and other applicable insurance policies for any covered acts that may
assigns.
16. Execution. This Agreement shall be executed in duplicate, each of which
shall constitute an original.
WITNESS the following signatures and seals:
Approved as to form: BOARD OF SUPERVISORS OF ROANOKE
COUNTY
___________________________ By:___________________________________
County Attorney
County Administrator
Commonwealth of Virginia,
County of Roanoke, to-wit:
The foregoing instrument was acknowledged before me this ______ day of
_________________________, 2021, by , County Administrator, on
behalf of the Board of Supervisors of Roanoke County, Virginia, Tenant.
______________________________________
Notary Public
My commission expires:
__________________
.COM PROPERTIES, IV, LLC
By:___________________________________
Richard Bishop
Title___________________________________
Commonwealth of Virginia,
City/County of ___________, to-wit:
The foregoing instrument was acknowledged before me this ______ day of
_____________________________, 2021, by Richard Bishop on behalf of .com Properties,
IV, LLC, Landlord.
______________________________________
Notary Public
My commission expires:
__________________
0 ¦¤ Γ ®¥ Γ
ACTION NO.
ITEM NO. G.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Appointments to Committees, Commissions and Boards
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:
County Administrator
ISSUE:
Open district appointments
BACKGROUND:
1. Library Board (appointed by District)
The following District appointments remain open:
Vinton Magisterial District
Windsor Hills Magisterial District
2. Parks, Recreation and Tourism Advisory Commission (appointed by District)
The following appointments remain open:
epresenting the Vinton Magisterial District expired
June 30, 2019.
Rich Tomlinson's three (3) year term representing the Vinton Magisterial District
expired June 30, 2021.
Murray Cook's three (3) year term representing the Windsor Hills Magisterial District
expired June 30, 2020.
Page 1 of 2
There is also one open Windsor Hills Magisterial District appointee.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY,AUGUST 24, 2021
RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM H-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 24,
2021,designated as Item H-ConsentAgenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 as follows:
1.Approval of minutes –May 11, 2021
Page 1of 1
COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
OutstandingOutstanding
June 30, 2021AdditionsDeletionsAugust 24, 2021
VPSA School Bonds$74,515,490$-$8,552,438$65,963,052
Lease Revenue Bonds77,530,000--77,530,000
Subtotal152,045,490-8,552,438143,493,052
Premiums10,777,149--10,777,149
$162,822,639$-$8,552,438$154,270,201
Submitted ByLaurie L. Gearheart
Director of Finance and Management Services
Approved ByDaniel R. O'Donnell
County Administrator
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ACTION NO. _______________
ITEM NO. __________________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Accounts Paid - July 2021
SUBMITTED BY: Laurie L. Gearheart
Director of Finance and Management Services
APPROVED BY: Daniel R. OÓDonnell
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Direct DepositChecksTotal
Payments to Vendors-$ -$ 20,388,103.40$
Payroll07/09/211,458,419.8647,492.771,505,912.63
Payroll07/23/211,599,108.6122,616.441,621,725.05
Manual Checks- 1,228.60 1,228.60
$ 23,516,969.68
Grand Total
A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors.
ACTION NO.___________________
ITEM NUMBER_______________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: August 24, 2021
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
31-Jul-21
SUMMARY OF INFORMATION:
CASH INVESTMENT:
SUNTRUST CON18,174,551.9718,174,551.97
GOVERNMENT:
SCOTT STRINGFELLOW CONTRA(16,790.00)
SCOTT STRINGFELLOW 43,501,414.21
WELLS FARGO0.00
WELLS FARGO CONTRA0.0043,484,624.21
LOCAL GOV'T INVESTMENT POOL:
GENERAL OPERATION 35,804,668.2035,804,668.20
MONEY MARKET:
ATLANTIC UNION BANK4,542,756.89
HOMETRUST BANK4,035,412.02
SCOTT STRINGFELLOW 17,956,012.72
WELLS FARGO5,288,287.46
31,822,469.09
TOTAL129,286,313.47
08/24/2021
ACTION NO.
ITEM NO. L.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Work session with the Roanoke County Board of
Supervisors and the Towing Advisory Board
SUBMITTED BY: Richard L. Caywood
Assistant County Administrator
APPROVED BY:
County Administrator
ISSUE:
Joint work session with the County of Roanoke Towing Advisory Board
BACKGROUND:
On February 23, 2021, the Board of Supervisors appointed an advisory board to advise
the governing body on appropriate provisions of a regulating ordinance or terms of a
contract regulating police-initiated towing.
This time has been set aside for the County of Roanoke Towing Advisory Board to
present their findings to the Board of Supervisors.
Page 1 of 1
ACTION NO.
ITEM NO. L.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Work session with the Board of Supervisors on the potential
regulation of running bamboo
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY:
County Administrator
ISSUE:
This time has been set aside for a work session with the Board of Supervisors on the
potential regulation of running bamboo.
Page 1 of 1
ACTION NO.
ITEM NO. M.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: August 24, 2021
AGENDA ITEM: Resolution establishing certain regulations of police-initiated
towing services in Roanoke County
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY:
County Administrator
ISSUE:
Adoption of a resolution establishing certain regulations of police-initiated towing
services in Roanoke County.
BACKGROUND:
On February 23, 2021, the Board of Supervisors established the County of Roanoke
-1217,
and appointed members thereto.
The role of the Towing Advisory Board is to advise the Board of Supervisors with regard
police-initiated towing services.
DISCUSSION:
The Towing Advisory Board conducted public meetings to discuss issues and
recommendations on March 31, 2021, April 23, 2021, May 5, 2021, May 19, 2021, June
15, 2021, June 30, 2021, July 15, 2021, July 21, 2021, and August 19, 2021.
A work session has been scheduled for August 24, 2021, at which the Towing Advisory
Board will submit its final recommendations to the Board of Supervisors.
A draft resolution has been prepared which adopts several of the key provisions
Page 1 of 2
recommended by the Towing Advisory Board, but then directs the County Administrator
or his designee to generally follow the remaining recommendations from the Towing
Advisory Board in drafting the contract. This will enable County Staff to make contract
adjustments, as needed; Board approval will not be required for every minor change
that may be made to the contract.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this resolution.
STAFF RECOMMENDATION:
Staff recommends that the Board adopt a resolution that regulates police-initiated
towing services by contract. Staff recommends that the Board include select provisions
in the resolution, but then direct the County Administrator or his designee to generally
follow the remaining recommendations from the Towing Advisory Board in drafting the
contract.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 24, 2021
RESOLUTION ESTABLISHING CERTAIN REGULATIONS OF POLICE-
INITIATED TOWING SERVICES IN ROANOKE COUNTY
WHEREAS,on February 23, 2021,the Board of Supervisors established the
County of Roanoke Towing Advisory Board(“Towing Advisory Board”) pursuant to Va.
Code § 46.2-1217, and appointed members thereto; and
WHEREAS, the role of the Towing Advisory Board is to advise the Board of
Supervisors with regard to potentialprovisions of the County of Roanoke’s ordinances or
contracts related to police-initiated towing services; and
WHEREAS, the Towing Advisory Board conducted public meetings on March 31,
2021, April 23, 2021, May 5, 2021, May 19, 2021, June 15, 2021, June 30, 2021, July 15,
2021, July 21, 2021and August 19, 2021; and
WHEREAS, on August 24, 2021 the Towing Advisory Board submitted its final
recommendations to the Boardof Supervisors, which included the following:
1.The Towing Advisory Board recommends thatpolice-initiated towing services
in the County of Roanoke be regulated by contract;
2.The Towing Advisory Board recommends afee schedule for police-initiated
towing services in the County of Roanoke;
3.The Towing Advisory Board recommends a number of other itemsto be
addressed pursuant to the contract, including: the number of contracts, term
limits, certain definitions, response times, business qualifications, equipment
requirements,geographical response areasandtraining requirements; and
Page 1of 3
4.The Towing Advisory Board recommends that there be a designated process
available to the public for sharing complaints related to police-initiated towing
services, and a designated process for the disposition of said complaints.and;
WHEREAS, the Board intends to follow the Towing Advisory Board’s
recommendation that police-initiated towing services be regulated by contract; and
WHEREAS, the Board further desires to follow, generally, the several other
recommendations of the Towing Advisory Board, but also recognizes that the contract
may need to be amended fromtime to time, and that it maybe prudentto refrain from
establishing all of the contract terms by legislation (resolution).
NOW THEREFORE BE IT RESOLVEDby the Roanoke County Board of
Supervisors as follows:
A.Police-initiated towing services shall be regulated in the County of Roanoke
pursuant to contract, and upon such terms as determinedby the County
Administratoror his designeeand approved by the County Attorneyas to
form.
B.Each contractor providing police-initiated towing services pursuant to a
County of Roanoke contract shall operate his or her place of business within
the Roanoke valley(within the geographical limits of Roanoke County, the
City of Salem, or the City of Roanoke). Additionally, each contractor must
provide a secure, illuminated (during evening hours of operation)impound lot
and public accommodations at their place of business. Each contractor must
also have at least five (5) years of public-safety tow experience.
Page 2of 3
C.In the formation of acontract, the County Administratoror his designeeshall
considerand generally followthe additional recommendations provided by
the Towing Advisory Board,including those recommendations pertaining to
the number of contracts, term limits, response times, business qualifications,
equipment requirements,geographical response areas,and training
requirements.
D.The County Administratoror his designeeshall implement a designated
process by whichthe publicmay submitcomplaints pertaining to police-
initiated towing services, and County staff may consult with members of the
Towing Advisory Board inthe dispositionof any complaint.
Page 3of 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 24, 2021
RESOLUTION 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.
Page 1of 1