HomeMy WebLinkAbout10/19/2021 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 19, 2021
RESOLUTION 101921-1OF THE ROANOKE COUNTYBOARD OF
SUPERVISORS APPROVING OF THE COUNTY’SPARTICIPATIONIN
THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS
AGAINST MCKESSON, CARDINAL HEALTH,
AMERISOURCEBERGEN, JANSSEN, AND THEIR RELATED
CORPORATE ENTITIES, AND DIRECTING THE COUNTYATTORNEY
AND/OR THE COUNTY’SOUTSIDE COUNSEL TO EXECUTE THE
DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S
PARTICIPATION IN THE SETTLEMENTS
WHEREAS, the opioid epidemic that has cost thousands of human lives across
the country also impacts the County of Roanokeby adversely impacting the delivery of
emergency medical, law enforcement, criminal justice, mental health and substance
abuse services, and other services by the County’s various departments and agencies;
and
WHEREAS, the Countyhas been required and will continue to be required to
allocate substantial taxpayer dollars, resources, staff energy and time to address the
damage the opioid epidemic has caused and continues to cause the citizens of the
County; and
WHEREAS, the Countyhas filed suit against McKesson, Cardinal Health,
AmerisourceBergen, and JanssenPharmaceuticals, along with certain of their related
corporate entities for their role in the distribution, manufacture, and sale of the
pharmaceutical opioid productsthat have fueled the opioid epidemic that has harmed the
County; and
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WHEREAS, the County’ssuit seeks recovery of the public funds previously
expended and to be expended in the future to abate the consequences and harms of the
opioid epidemic; and
WHEREAS, settlement proposals have been negotiated that will cause McKesson,
Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to
resolve opioid-related claims against them; and
WHEREAS, the County’soutside opioid litigation counsel has recommended that
the County participate in the settlements in order to recover its share of the funds that the
settlement would provide; and
WHEREAS, the County Attorney has reviewed the available information about the
proposed settlements and concurs with the recommendation of outside counsel.
NOW THEREFORE BE IT RESOLVED that the Roanoke CountyBoard of
Supervisorsapproves of the County’sparticipation in the proposed settlement of opioid-
related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and
their related corporate entities, and directs the CountyAttorney and/or the County’s
outside counsel to execute the documents necessary to effectuate the County’s
participation in the settlements, including the required release of claims against settling
entities.
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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, OCTOBER 19, 2021
ORDINANCE 101921-2ACCEPTING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $9,147,263FROM THE DEPARTMENT OF THE
TREASURYFOR THE LOCALITY-BASED ALLOCATION DISTRIBUTED
AS A COMPONENT OF THE AMERICAN RESCUE PLAN ACT(ARPA)
OF 2021
WHEREAS, in response to the present Coronavirus pandemic, onMarch 11,2021,
the American Rescue Plan Act of 2021 was signed into law in the amount of $1.9 trillion;
and
WHEREAS, $350 billion has been set aside for state and local governments and
of this amount $65.1 billion has been set aside for counties; and
WHEREAS, on May19, 2021, the Department of the Treasury notified the County
that its firstallocation of funds made available through ARPAis $9,147,263; and
WHEREAS, these funds may be used only for eligibleexpensesas outlined in the
Interim Final Ruleunder the six broad categories of Support Public Health Response,
Address Negative Economic Impacts, Replace Public Sector Revenue Loss, Premium
Pay for Essential Workers, Water and Sewer Infrastructure, and Broadband
Infrastructure;and ARPAmay only be used to cover costs that 1) were incurred during
the period that beganon March 3, 2021, and ends on December 31, 2024 and 2) costs
can be “incurred” by December 31, 2024 and expended through December 31, 2026: and
WHEREAS,the first reading of this ordinance was held on October 5, 2021; and
the second reading was held on October 19, 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, OCTOBER 19, 2021
ORDINANCE 101921-3AUTHORIZING EMPLOYEE BONUSES
TOTALING $2,094,330.75FUNDED FROM THE COMPENSATION
BOARD, PUBLIC SAFETY SALARY REIMBURSEMENT FROM CARES
ACT, AND GENERAL FUND YEAR END
WHEREAS,the 2021 General Assembly Special Session II approved the
allocation of federal American Rescue Plan Act (ARPA) to the Compensation Board to
provide a one-time $3,000 bonus payment for Compensation Board funded sworn
sheriffs, sheriffs’ deputies and regional jail officers; and
WHEREAS, theBoard of Supervisors has agreed to accept the funding from the
Compensation Board and pass this one-time bonus to eligible sheriff office positions;
and
WHEREAS,the Board has identified providing a bonus to all other County
employees as a priority in recognition and appreciation of employees’hard work and
dedication during COVID-19; and
WHEREAS, Roanoke County employees have continued to provide stellar
service and adapted to new working environments throughout the pandemic; and
WHEREAS, to continue to retain and support employees and reward their hard
work, it is recommended that General Fund year end funds be used to provide abonus
to County employees; and
WHEREAS, it has been proposed that uniformed employees in the departments
of Police, Fire and Rescue, and Sheriff, andcertain Emergency Communications Center
employees receive a $3,000 bonus; and
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WHEREAS, it has further been proposed that all other full-time County
employees receive a $1,000 bonus, that part-timeCountyemployees receive a$250
bonusand that certain part-time Public Safety employees receive a $1,000 bonus; and
WHEREAS, Section 15.2-1508 of the 1950 Code of Virginia, as amended,
authorizes the governing body of any locality to paymonetary bonusesto its officers
and employees,and
WHEREAS, the Board of Supervisors of Roanoke County deems that it is in its
best interests to authorize the payment ofthe bonuses to recognize the services
rendered by County officers and employees during these difficult economictimes; and
WHEREAS, the first reading of this ordinance was held on October 5, 2021; and
the second reading is scheduled for October 19, 2021 with payment of the bonus on the
November 12, 2021 paycheck.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1.The County Administrator is hereby authorized to paya bonusto
uniformed employees in the departments of Police, Fire and Rescue, and
Sheriff and certain Emergency Communications Center(“ECC”)
employees as follows:
a.Full-time uniformed, sworn public safety employees shall receive
$3,000.
b.Full-time ECC employees answeringcallsfrom citizensshallreceive
$3,000
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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, OCTOBER 19, 2021
ORDINANCE 101921-4AUTHORIZING
1) THE CONVEYANCEOF REAL PROPERTY, LOCATED AT 0 OLD
CAVE SPRING RD. (TAX MAP NO. 076.20-03-05.00-0000), 4555 OLD
CAVE SPRING RD. (TAX MAP NO. 076.00-03-02.00-0000), 4607 OLD
CAVE SPRING RD. (TAX MAP NO. 076.20-03-01.00-0000), 4445
BRAMBLETON AVE (TAX MAP NO. 086.08-04-04.00-0000), AND 4441
BRAMBLETON AVE. (TAX MAP NO. 086.08-04-05.00-0000), IN THE
WINDSOR HILLS MAGISTERIAL DISTRICT, TO THE ROANOKE
COUNTY ECONOMIC DEVELOPMENT AUTHORITY;
AND
2) THE REALLOCATION OF FUNDS IN THE AMOUNT OF $655,000
FROM THE COUNTY’S EXISTING CAPITAL PROJECT FOR THE
PURPOSE OF COMPENSATING THE COMMONWEALTH OF VIRGINIA
(VIRGINIA DEPARTMENT OF TRANSPORTATION) TO RELINQUISH
ITS EASEMENT IN SUCH PARCELS OF REAL PROPERTY
WHEREAS, pursuant to Ordinance 022321-4,and a deed executed on February
23, 2021,the Board acquired the following parcels of real property located in the County
of Roanoke (Windsor Hills Magisterial District), at the intersection of Old Cave Spring
Road and Brambleton Avenue, which wereowned by the Commonwealth:
AddressTax Map No. Acreage
0 Old Cave Spring Road076.20-03-05.00-00001.15
4555 Old Cave Spring 076.20-03-02.00-00000.29
Road
4607 Old Cave Spring 076.20-03-01.00-00000.49
Road
4445 Brambleton Ave.086.08-04-04.00-00000.14
4441 Brambleton Ave.086.08-04-05.00-00000.5
and;
WHEREAS, the above parcels were considered“residue parcels,” by the
Commonwealth (hereafter the “Residual Parcels”) as set forth in § 33.2-1009 of the
Code of Virginia, which were historically acquired by the Commonwealth’s
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Commissioner of Highways, incidental to the construction and improvement of public
highways, and have been held in the public interest since their acquisition; and
WHEREAS, the Residue Parcels have economic-development potential;
ownership of them would facilitate access from Old Cave Spring Road to parcel 086.-8-
04-03.00-0000 (4453 Brambleton Avenue), which parcel is 4.3 acres in size, and could
provide a desirable location for business; and
WHEREAS, pursuant to § 33.2-1010 of the Code of Virginia, the Commissioner
of Highways may lease, sell, or exchange such residueparcels of land upon such terms
and conditions as in the judgment of the Commissioner of Highways may be in the
public interest, provided, however, that the Commissioner of Highways shall not use
such parcels for any commercial purpose; upon such sale or exchange, such residue
properties must be used for public use; and
WHEREAS, in order to ultimately facilitate potential economic development of the
Residual Parcels within the confines of Section 33.2-1010 of the Code of Virginia, the
Board, the Roanoke County Economic Development Authority, and the Commonwealth
entered into a Memorandum of Understanding, dated February 23, 2021, in which the
following arrangement was set forth and agreed upon:
A.The Commonwealthagreed toconvey, by deed, the Residual Parcels to
the County, upon the condition that the Residual Parcels be used for
public purposes, including the uses of equipment and material storage and
project staging. The Commonwealth will retain an easement in each of the
Residual Parcels, enabling the Commonwealth to continue to use the
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parcels for its public purposes(such a deed was executedon February
23, 2021); and
B.If and when the time comes that the County desires to convey the
Residual Parcels to the Roanoke County Economic Development
Authority (“EDA”) for the purpose of furthering economic development in
Roanoke County, the Parties will execute a new deed with the following
provisions:
a.The County will pay the Commonwealth the fair market value of the
Residual Parcels, as determined by an independent appraisal at
the time of the transaction(an appraisal has been performed and
the fair market value of the properties, collectively, has been
determined to be $655,000.00);
b.The Commonwealth’s easement in the Residual Parcels will be
extinguished;
c.The County will convey fee simple ownership of the Residual
Parcels to the EDA; and
WHEREAS, the Board now desires to convey the Residue Parcels to the
Roanoke County Economic Development Authority in order to facilitate development of
the parcels; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate interests be accomplished by ordinance; the first reading of
this ordinance was held on October 5, 2021, and the secondreading and public hearing
was held on October 19, 2021.
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NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia,that:
1)The County Administrator, or any Assistant County Administrator, is
hereby authorized to execute a deedand take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the conveyanceof the following
real estate to the Roanoke County Economic Development Authority, whichdeedshall
be approved as to form by the County Attorney:
AddressTax Map No. Acreage
0 Old CaveSpring Road076.20-03-05.00-00001.15
4555 Old Cave Spring 076.20-03-02.00-00000.29
Road
4607 Old Cave Spring 076.20-03-01.00-00000.49
Road
4445 Brambleton Ave.086.08-04-04.00-00000.14
4441 Brambleton Ave.086.08-04-05.00-00000.5
2)Funds in the amount of $655,000 shall be reallocated from the existing CRT
capital project account to be used for the purpose of compensating the
Commonwealth of Virginia (Virginia Department of Transportation) to relinquish
its easement on such parcelsand replenished from fiscal year 2021 year-end
savings.
3)This ordinance is effective upon its adoption.
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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, OCTOBER 19, 2021
ORDINANCE 101921-5AUTHORIZINGTHE TRANSFER OF THE
BOARD OF SUPERVISORS’ INTEREST THE TITLE TO THE REAL
ESTATE IN THE VINTON BUSINESS CENTER FROM THE ROANOKE
COUNTY BOARD OF SUPERVISORS TO THE ROANOKE COUNTY
ECONOMIC DEVELOPMENT AUTHORITY
WHEREAS, the Board of Supervisors and the Town of Vinton each own one-half
(1/2) undivided interest in six parcels of real estate that are located in the Vinton
Business Park. Specifically, the parcels (the “Properties”) are:
Tax Map No.Lot No.Acreage
071.07-03-01.00-0000112.16 acres
071.07-03-04.00-0000Detention Lot11.31 acres
071.11-01-01.00-0000218.53 acres
071.11-01-01.02-0000416.86 acres
071.07-03-03.00-000058.54 acres
071.07-03-02.00-000064.47 acres
and
WHEREAS, the Board and the Town of Vinton, on August 16, 2006, entered an
agreement that sets forth their respective obligations regardingthe Properties; and
WHEREAS, Properties in the Vinton Business Park are actively being marketed
for economic development purposes; and
WHEREAS, it has been proposed that both the Board of Supervisors and the
Town of Vinton convey their interests in theabove properties to the Roanoke County
Economic Development Authority (“EDA”) in order to facilitate future conveyance of the
properties to interested purchasers; and
WHEREAS, the Town of Vinton is in agreement with this proposal. However, the
Board andTown desire for their respective obligations under the August 16, 2006
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Agreement to remain in full force and effect,despite a potential conveyance of the
Properties to the EDA; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisitionand dispositionof real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on October 5, 2021, and the secondreading and
public hearing were held on October 19, 2021.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia,that:
1)The County Administrator, or any Assistant County Administrator, is
hereby authorized to execute a deedand take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the conveyanceof the Board’s
one-half (1/2) undivided interest inthe following real estatein the Vinton Business Park
to the Roanoke County Economic Development Authority, whichdeedshall be
approved as to form by the County Attorney:
Tax Map No.LotNo.Acreage
071.07-03-01.00-0000112.16 acres
071.07-03-04.00-0000Detention Lot11.31 acres
071.11-01-01.00-0000218.53 acres
071.11-01-01.02-0000416.86 acres
071.07-03-03.00-000058.54 acres
071.07-03-02.00-000064.47 acres
2)Pursuant to theprovisions of the draft deed, the Board and the Town of Vinton
agree that they conveyance by each of them of their one-half (1/2) undivided
interest in the property to the EDA shall not affect their respective obligations
under their Agreement dated August 16, 2006, concerning the Vinton Business
Center, which Agreement shall remain in full force and effect despite conveyance
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ACTION NO. A-101921-6.a
ITEM NO. I-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:October 19, 2021
AGENDA ITEM:Designation of voting delegate to the Virginia Association of
Counties (VACo) Conference to be held November 14-16,
2021
SUBMITTED BY:Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:Daniel R. O’Donnell
County Administrator
ISSUE:
Designation of voting delegate to VACo
BACKGROUND:
The Virginia Association of Counties' (VACo) annual conference will be held November
14-16, 2021. They have requested that each county designate a representative of its
Board of Supervisors as well as an alternate to castits votes at the annual business
meeting on Tuesday, November 6, 2021. The voting credentials form must be
submitted to VACo by November 1, 2021.
DISCUSSION:
Supervisor Phil C. North will be attending the conference and it is recommended that he
be appointed as Roanoke County's voting representative for 2021. Additionally, it is
recommended that Supervisor Martha B. Hooker, be designated as the alternate as she
will also be attending.
FISCAL IMPACT:
There is no fiscal impact associated with this Board action.
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STAFF RECOMMENDATION:
Staff recommends appointing Phil C. North and Martha B. Hooker as the voting
representatives for 2021.
VOTE:
Supervisor Hooker moved to approve the staff recommendation to appoint Phil C. North
and Martha B. Hooker as voting representatives for 2021. Supervisor Radford
seconded the motion. Motion approved.
YesNoAbsent
Ms. Hooker
Mr. Mahoney
Mr. North
Mr. Radford
Mr. Peters
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ACTION NO. A-101921-6.b
ITEM NO. I-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:October 19, 2021
AGENDA ITEM:Request to accept and approve recommended changes to
the Comprehensive Financial Policy
SUBMITTED BY:Rebecca Owens
Assistant County Administrator
APPROVED BY:Daniel R. O’Donnell
County Administrator
ISSUE:
Acceptance of changes to the Comprehensive Financial Policy
BACKGROUND:
The Comprehensive Annual Financial Policy requires an annual review. Meetings were
held with the Board of Supervisors to discuss recommended changes and updates to
the policy.
The purpose of the policy changes is to better document in policy the practice that has
occurred while ensuring adherence to the Code of Virginia. In addition, more flexibility
is offered to the Schools to include transfers to the Fleet Replacement and the
Technology Replacement as an option for year-end appropriation.
DISCUSSION:
As reviewed and discussed at the meetings, the following are changes to the current
policy. The packet includes both a redlined version and clean copy of the policy.
The changes are as follows:
·Policy date changed from February 23, 2021 to October 19, 2021
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·Section 7 (Debt Management), paragraph 3(A) (Guidelines for Issuing Debt):
deleted fiscal year 2022 (Schools) and added fiscal year 2032 (County)
·Section 7 (Debt Management), paragraph 4A (Funding Sources for the Debt
Payment Reserve Fund): added fiscal year 2030-31 and fiscal year2031-32 for
County and School incremental contribution
·Section 10 (Reserves), paragraph 6 (Roanoke County Public Schools Reserves
and Year End Allocation)
--added/update language as follows -
A. Added "\[p\]ursuant to § 22.1-100 of the Code of Virginia, at the end of each
fiscal year, all unexpended sums derived from the Board of Supervisors shall
revert back to the funds of the Board of Supervisors. The Board of
Supervisors anticipates re-appropriating such funds back to the School Board
as follows:"
B(a) Changed "unappropriated balance" to "emergency contingency"
(b) Added "all funded outstanding encumbrances at year end will be re-
appropriated to the subsequent fiscal year to the same department and
account for which they are encumbered in the previous year"
(c)Added "\[f\]or the remaining balance of all unexpended appropriations after
funding the emergency contingency and outstanding encumbrances, the
School Board shall prepare a proposal, for the Board of Supervisors'
consideration for which unexpended funds to be reappropriated for
purposes limited to the following:"
(i) Added language to require that at least 50% of the funds will be
allocated for Major capital projects,
(v) Added language to provide flexibility to contribute to fleet
replacements and
(vi) Added language to provide flexibility to contribute to technology
replacements.
Other categories of minor capital projects, capital maintenance, school safety and
security and/or Comprehensive Services Act reserves remain unchanged.
Once approved, the policy change will be effective October 19, 2021, and it is
anticipated that the Schools will bring a first reading of an ordinance forthe School June
30, 2021, year-end proposal atthe Board of Supervisor meeting on November 17, 2021.
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FISCAL IMPACT:
There is no impact to the current fiscal year budget related to the proposed changes to
the Comprehensive Annual Financial Policy.
STAFF RECOMMENDATION:
Staff recommends approvalof the recommended changes to comprehensive financial
policy.
VOTE:
Supervisor Hooker moved to approve the staff recommendation to confirm the changes
to the comprehensive financial policy. Supervisor Radford seconded the motion.
Motion approved.
YesNoAbsent
Ms. Hooker
Mr. Mahoney
Mr. North
Mr. Radford
Mr. Peters
cc: Rebecca Owens, Assistant County Administrator
Laurie Gearheart, Director of Finance and Management Services
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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,OCTOBER 19, 2021
ORDINANCE101921-7REZONING APPROXIMATELY 30.5 ACRES
FROM AR (AGRICULTURAL/RESIDENTIAL) DISTRICT TO I-2 (HIGH
INTENSITY INDUSTRIAL) DISTRICT, LOCATED AT 5832 WEST RIVER
ROAD, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO. 073.00-01-
02.00-0000)
WHEREAS, the Economic Development Authority of Roanoke County is
requesting to rezone approximately 30.5 acres, located at 5832 West River Road,
Catawba Magisterial District, from AR (Agricultural/Residential) District to I-2 (High
Intensity Industrial) District; and
WHEREAS, the property is currently owned by the Ashworth Family Irrevocable
Income Only Trust, and the Trustee of the Ashworth Family Irrevocable Income Only Trust
signed and otherwise approved the rezoning petition of the Economic Development
Authority of Roanoke County; and
WHEREAS, the first reading of this ordinance was held on September 21, 2021,
and the second reading and public hearing were held on October 19, 2021; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 4, 2021; and
WHEREAS, the Planning Commission recommends approval of the petitionas
requested; and
WHEREAS, legal notice and advertisement has been provided as required by law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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