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HomeMy WebLinkAbout10/24/2000 - Regular October 24, 2000 605 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 24, 2000 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 October, 2000. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy" Minnix, Supervisors Joseph B. "Butch" Church, Bob L. Johnson, Harry C. Nickens None MEMBERS ABSENT: STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added a closed' meeting, pursuant to Section 2.1-344A (7) 606 October 24, 2000 consultation with legal counsel concerning a performance agreement with Advance Auto, Inc. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS .1, Proclamation declarina the month of October 2000 as National Arts and Humanities Month in Roanoke County. Chairman McNamara presented the proclamation to Susan Jennings, Executive Director of the Arts Council of the Blue Ridge, who distributed copies of an Economic and Education Impact Report. Supervisor Nickens moved to approve the proclamation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None INRE: BRIEFINGS .1, Presentation of the Center for Research and Technoloav marketina CD to the Board of Supervisors and expressions of appreciation for the October 12. 2000 grand openina proaram. (Elmer C. Hodae and Economic Development Staff) Mr. Hodge reported that the Opening Ceremonies were successful with an outstanding program with special speakers and a video presentation of the new park. He listed those who participated in the program and thanked the staff for their hard work in preparing the site and planning the program. Economic Development Director David Porter presented the first October 24, 2000 607 economic development marketing compact disk from Roanoke County which was viewed by the Board and public. All of the individual Board members expressed appreciation to those involved in the Opening Ceremonies. Mr. Hodge advised that they will be mailing copies of the CD to targeted companies. ~ Update on Future Technoloav and Trade Expo to be held on October 28 and 29. 2000. at the Salem Civic Center. (Debbie Pitts. Assistant Director of Recreation) Ms. Pitts reported that the Trade Expo surpassed all their goals. There will be 105 booths in the show with 72 businesses and organizations, 68 of them from Virginia and four from outside of the state. The Virginia Tech Pavilion will have 14 exhibits. She also advised that there would be two robots. There will be a Cyberguard robot from Cybermotion and an entertainment robot called Gizmo. Verizon and Rev Net will provide live web casting to WREV.NET on Friday and part of Saturday and Sunday. IN RE: NEW BUSINESS .1, Reauest for approval of a performance aareement with The Industrial Development Authoritv and Wal-Mart. Mahonev. County Attorney) (Paul A-102400-1 Mr. Mahoney reported that staff has negotiated a Performance Agreement to promote and encourage development and provide increased employee and corporate investment in Roanoke County. The Performance Agreement provides for the future appropriation of $620,000 to the Industrial Development Authority. The IDA will reimburse Wal-Mart for certain public infrastructure improvements in four annual 608 October 24, 2000 installments. The County will have to appropriate funding to the IDA only when Wal- Mart constructs the promised improvements and they generate the anticipated new annual local tax revenues of $524,000. The IDA will reimburse Wal-Mart for public infrastructure improvements as follows: (1) storm water management facilities and improvements; (2) enhanced screening and buffering; (3) reduced lighting; (4) road and traffic improvements; (5) construct and maintain project buildings subject to certain color and appearance requirements; and (6) dedication of various easements. Mr. Mahoney advised that the staff is still working on the stormwater management issues and recommended that the Board authorize the County Administrator to execute the Performance Agreement subject to working out issues on stormwater management. Supervisor Johnson expressed support for the agreement because it will protect the citizens located near Wal-Mart. Supervisor McNamara disagreed and felt that the zoning ordinance should protect the neighborhood and that the money could be better spent on other projects. Supervisor Johnson moved to approve the performance agreement. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens Supervisor McNamara ~ Reauest to neaotiate an aareement for Botetourt County and Roanoke County to iointlv provide water and sewer service to the proposed Stoneaate subdivision. (Garv Robertson. Utilitv Director) October 24, 2000 609 Mr. Robertson reported that a new residential subdivision is being proposed that will be partially in Roanoke County and partially in Botetourt County. As proposed, public water service would require extending Roanoke County water lines and public sewer service would require extending Botetourt County sewer lines. Staff members from Roanoke County and Botetourt County have met to discuss the best way to provide public water and sewer service to this area. Mr. Robertson advised that staff proposes that water and sewer be provided in accordance with conditions, some of which are: (1) Roanoke County shall supply potable water service to the subdivision (2) Botetourt County shall provide sewer service to the subdivision; (3) Properties located in Botetourt County shall be Botetourt County water and sewer customers and will pay Botetourt County water and sewer rates including off-site and connection fees. Botetourt County residential water rates would include the bulk rate Roanoke County charges plus the cost for Botetourt County to provide service to their accounts for a total water charge of $4.99/1 ,000 gallons. Botetourt County residential sewer rates average $3.70/1,000 gallons. (4) Roanoke County shall bill Botetourt County bulk water rates for water used by Botetourt County customers. These rates will be based on rates approved by contract dated October 1, 1999 with any subsequent amendments between Roanoke County and Botetourt County. Mr. Robertson recommended that the Board negotiate a contract where Botetourt County and Roanoke County will provide utility service to their respective citizens. Supervisor Nickens suggested that the localities consider a boundary adjustment, and Supervisor McNamara concurred. Supervisor Johnson advised that he has concerns about entrance and egress issues. 610 October 24, 2000 This item was continued to November 14, 2000 to look at possible boundary adjustment and entrance and egress concerns. Mr. Mahoney and Utility Director Gary Robertson were directed to continue work with Botetourt County. IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Minnix moved to approve the first readings after discussion of Item 2, and set the second readings and public hearings for November 14, 2000. The motion carried by the following recorded vote: AYES: NAYS: .1, Supervisors Johnson, Minnix, Church, Nickens, McNamara None ~ First readina of ordinance to amend and re-enact Sections 30- 82-12 and 30-82-13 of the Roanoke County Zonina Ordinance to make minor revisions to use and desian standards for certain sinale familY residential developments. upon the petition of the Roanoke Countv Plannina Commission. First readina of ordinance to obtain two Special Use Permits to operate a camp and a day care center located at 5488 Yellow Mountain Road. Cave Sprina Maaisterial District. upon the petition of the C&H Enterprises and Risina Star Sports & Adventure Camp. Supervisor Nickens requested a work session before the second reading. It was the consensus of the Board to schedule a work session for November 14, 2000. IN RE: FIRST READING OF ORDINANCES .1, First readina of ordinance amendina Ordinance 011299-6. "Roanoke County Community Plan" for adoption of a new future land use map and desian auidelines for the Colonial October 24, 2000 611 Avenue corridor. (Tim Beard. Planner) Mr. Beard explained that at the request of the Board of Supervisors, the corridor encompasses some 983 land parcels on 1,098 acres. Detailed analyses of existing land use and zoning, property valuation and housing, public water and sewer, drainage, transportation and community participation were compiled into the Draft Colonial Avenue Corridor Study completed in December 1999. Mr. Beard reported that at the Planning Commission's direction, staff then developed a range of special corridor design guidelines under a mixed use concept of existing residential and well-designed, carefully located commercial projects recognizing neighborhood sensitivity and compatibility. These design guidelines, recommending preservation of the overall residential character of the corridor through appropriate site layout (particularly parking and street access), architectural treatment, iandscaping, lighting and signage relative to all development or redevelopment proposals were approved by the Planning Commission on July 5, 2000. Also at that time, the Commission reviewed and approved proposed revisions to the future land use map. Those appear in the draft study titled" Alternative II Proposed Future land Use" which includes additional Transition designated properties along the north side of Colonial Avenue. The citizen-based Colonial Avenue Alliance reviewed and voiced support for the proposed revisions to the future land use map and proposed design guidelines at community meetings held on September 21 and October 4, 2000. Mr. Beard requested that the Board approve the ordinance following second reading. Supervisor Minnix advised that the residents on Colonial Avenue expressed concerns about the final outcome of the road improvement plans by VDOT, 612 October 24, 2000 but that VDOT does not yet know the final plans. The citizens want to participate in how the road will look. He moved to approve the first reading and set the second reading and public hearing for November 14, 2000. recorded vote: The motion carried by the following AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None £, First readina of ordinance vacatina a 15 foot drainaae easement recorded in Plat Book 15. Paae 131. within the boundarv of Derby Drive in Triple Crown Estates. Section 1 and located in the Vinton Maaisterial District. (Arnold Covey. Community Development Director) Assistant Community Development Director George Simpson advised that in order for the portion of Derby Drive to be accepted into the state secondary road system, the Virginia Department of Transportation requires that the right-of-way be free and clear of any third party rights or encumbrances. This 14 foot drainage easement no longer serves public need and vacation of the easement eliminates any third party rights or encumbrances with the proposed VDOT right-of-way. Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for November 14, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None October 24, 2000 613 - ~ Ordinance authorizina the vacation of a portion of a 20 foot water line easement and a portion of an existina 20 foot sanitarv sewer easement and acceptance of the relocated portions across Parcel 1 B-1-A of Peters Creek Commercial Park. (Arnold Covey. Community Development Director) Mr. Simpson advised that Branch Family llC, is the developer of Peters Creek Commercial Park, and a 20 foot waterline easement and 20 foot sanitary sewer easement were dedicated to the County across Parcel 1 B-1-A. A concrete dumpster pad with fuel tanks was constructed within the dedicated easement areas, and the developer relocated the water and sewer lines and proposes to convey new water and sanitary sewer easements to the County. The petitioner also requested that the former portions of water and sewer easements be vacated. The petitioner will pay all costs associated with the adjustments. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for November 14, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: APPOINTMENTS .1, Hiahwav and Transportation Safety Commission Supervisor Nickens asked staff to investigate whether this committee could be part of the Blue Ridge Transportation Safety Board. 614 October 24, 2000 ~ Industrial Development Authoritv Supervisor McNamara nominated Linwood Windley, Windsor Hills Magisterial District, to a four-year term which will expire September 26, 2004. IN RE: CONSENT AGENDA R-102400.2: R-102400-2.b Supervisor Nickens moved to adopt the Consent Agenda. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 102400-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for October 24, 2000 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 7, inclusive, as follows: 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. 1. Confirmation of appointments to the Industrial Development Authority and league of Older Americans Advisory Board. 3. Adoption of resolution authorizing the County Attorney to file a motion with the State Corporation Commission concerning the proposed Virginia Gas Pipeline. Request from school administration for acceptance and appropriation of $300 for a Virginia Commission for the Arts music in service program. 2. 4. Request from school administration for acceptance and appropriation of $3,698.13 to the Student Assistance Program Fund. October 24, 2000 615 5. Appropriation of Compensation Board reimbursement of $3,810 for additional capital purchase for the Commonwealth Attorney's Office. Donation of a .203 acre of land for public right-of-way from A. Jennings Robertson and Doris K. Robertson conveyed to the Board of Supervisors in the Hollins Magisterial District. 6. Acceptance of a Pass-through $25,000 grant on behalf of RADAR from the Commonwealth Mass Transit Funds to develop a facility study for their transportation system. On motion of Supervisor Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 7. RESOLUTION 102400-2.b AUTHORIZING THE COUNTY ATTORNEY TO FILE A MOTION WITH THE STATE CORPORATION COMMISSION CONCERNING THE PROPOSED VIRGINIA GAS PIPELINE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby authorizes the County Attorney to file a Motion with the State Corporation Commission supporting and urging the State Corporation Commission to grant the Motion requesting the State Corporation Commission to reconsider and reopen the certification process for the Virginia Gas Pipeline (Case No. PUE 990167) proposed to go through Montgomery and Roanoke Counties that was filed by certain citizens residing in the Counties of Montgomery and Roanoke for the following reasons: 1. Virginia Gas failed to comply with the statutory notice provisions of the Code of Virginia, which resulted in a lack of notice to the citizens of Montgomery and Roanoke County affected by the pipeline. 2. Misrepresentation on the part of Virginia Gas concerning the scope and extent of the proposed gas pipeline easement that has been offered to citizens of Montgomery and Roanoke County affected by the pipeline. 3. Request the State Corporation Commission to reconsider and reopen the certification process in order to address the environmental impacts that were previously identified by the Department of Environmental Quality. 4. Request the State Corporation Commission to reconsider and reopen the process in order to address the possibility of Virginia Gas Pipeline co- locating within the existing gas easements of Duke Energy when appropriate. FURTHER, that a certified copy of this resolution be mailed to the governing bodies of Franklin County and Montgomery County and to the State Corporation Commission. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 616 October 24, 2000 INRE: REQUESTS FOR WORK SESSIONS .1, Reauest for work session on November 14. 2000 to review the Secondarv System Six-Year Construction Plan and proiects for VDOT Revenue Sharina. Development Director) Community (Arnold Covey. The work session was scheduled for November 14, 2000 IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None .1, £, ~ !, INRE: General Fund Unapcropriated Balance Capital Fund Unappropriated Balance Board Continaency Fund Future School Capital Reserve ~ §.. Accounts Paid - September 2000 Proclamation sianed by the Chairman L .ß." Report of claims activity for the Self.lnsurance Proaram Estimated revenues and expenditures as of September 30. 2000 CLOSED MEETING At 4:20 p.m., Supervisor Johnson moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344A (7) consultation with legal counsel October 24, 2000 617 concerning performance agreement with Advance Auto, Inc. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: WORK SESSIONS .1, Work Session on Clearbrook Initiatives The work session was held from 4:35 p.m. to 4:55 p.m. and presented by Terry Harrington. Mr. Harrington advised that the purpose of the work session was to undertake public initiatives and investments to promote orderly development in the Clearbrook Community with a focus on public improvements and land use development standards. The immediate need is for water and sewer for the land Rover/Parkway Motel area at an estimated cost of $500,000 to be funded from the year end surplus. Other initiatives include a zoning overlay to implement and refine Community Plan policies, and planning for public facilities such as road improvements and drainage facilities. Possible funding and implementation alternatives include official map amendments, a special service district, a special tax district and/or a tax increment financing district. There was a discussion on use of the year-end surplus. Supervisor McNamara recommended that the Board look at other areas for spending of the year- end surplus, including future sports based activities. Supervisor Johnson felt that the Board needed information on schools and the six-year plan before making any decisions. Mr. Hodge emphasized that the Board had to move forward with the water and sewer for Clearbrook. 618 October 24, 2000 It was the consensus of the Board to go forward immediately with Clearbrook water and sewer and move forward with other initiatives. The Parks and Recreation Department should prepare a plan for sports based activities by mid- February, 2001. ~ Work Session on proposed Fire and Rescue Comprehensive Plan The work session was held from 5:00 p.m. to 6:00 p.m. and was presented by Mr. Hodge, Chief Rick Burch, and Volunteer Chiefs lee Bibbs, and Woodrow Henderson. Chief Burch reported that on October 18, the County staff and volunteer rescue chiefs reached agreement on a proposed Fire and Rescue Comprehensive Plan. Every rescue squad was represented and there was unanimous support for hiring additional advanced life support paramedic/firefighters. The highlights of the plan were as follows: (1) The County staff has posted, and will immediately begin hiring and training the 20 AlS paramedic/firefighters; (2) The Fire and Rescue Department will develop a county-wide staff allocation system with the Volunteer Chiefs Board; (3) The volunteers will reduce the reaction time from the current six minute level; (4) The Fire and Rescue Department will update their dispatch procedures; (5) The County staff will continue meeting with the Cities of Salem and Roanoke and the Town of Vinton to discuss regional cooperative efforts; (6) The County will begin renovations at the Clearbrook and Mt. Pleasant stations which are already funded; (7) The Board of Supervisors will be requested to appropriate funds to cover the initial costs for the 20 paramedic/firefighters; and (8) The Board will also be requested to fund, preliminary October 24, 2000 619 engineering studies for the renovations at the Vinton, Mason Cove and Read Mountain stations. Chief Henderson of the Fire Chiefs Board reported that he attended a meeting with the Fire Chiefs and they are not opposed to hiring the additional positions. There was a discussion on how to fund the additional positions and station renovations. Supervisor McNamara recommended waiting before making a decision on fee for service, but Supervisor Johnson pointed out they needed a permanent solution and a designated funding source. Supervisor Nickens suggested using the $900,000 from the year end surplus, adding a fee for service and a $5.00 increase in the decal fee, but pointed out that this will be hard to sell to the public. Chief Burch reported that there were some differences with the volunteers because they recommended adding 28 additional positions, but they agreed to reduce that to 20 positions. He advised he planned to have the positions in place in March 2001. Chief Bibb advised that he felt this resulted in better communication and he supported the additional 20 positions. He also advised that all chiefs and stations will be involved in the plan. In response to a question from Supervisor Johnson, he advised that most squads do not support the fee for service but would support a decal fee increase. Supervisor McNamara felt that the Board of Supervisors should not be involved in establishing the plan but they should consider a facilitator if the committee gets bogged down. It was the consensus of the Board to move forward with the request to add 20 paramedic/firefighter positions and begin station renovations using year end surplus. INRE: CERTIFICATION RESOLUTION 620 October 24, 2000 R-102400-3 At 7:05 p.m., Supervisor advised that the Closed Meeting was held from 6:10 p.m. until 6:45 p.m., and moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 102400-3 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 2.1-344.1 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 members 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 McNamara to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: PUBLIC HEARINGS .1, (al Public Hearina on the proposed Fire and Rescue comprehensive plan which provides expanded advanced life support coveraae: additional paramedic/firefiahters: and fundina: and (b) reQuest to approve fundina and positions for October 24, 2000 621 20 additional paramedic/firefiahters. A-102400-4 Mr. Hodge, Fire and Rescue Chief Rick Burch, and volunteer Chiefs Bibb and Henderson made the presentation. Mr. Hodge explained that the Board held a work session prior to this public hearing. He highlighted the discussion from the work session and advised that the recommendation from the work session is that the Board authorize the addition of twenty paramedic firefighters at an annual cost of $907,000. The positions have been advertised and 150 applications have been received. It is anticipated that these positions will be ready to put in the field by March 1, 2001. Mr. Hodge also advised that bunk room additions and renovations are needed at Mt. Pleasant, Clearbrook, Vinton and Mason Cove. There is currently $500,000 budgeted to start the renovations at Clearbrook and Mt. Pleasant, but additional funds will be needed for Vinton and Mason Cove and possibly Read Mountain stations. Mr. Hodge explained that the County will need $590,000 for salaries and startup costs in the current year and he recommended that the balance for the first year be used toward the station renovations at Vinton and Mason Cove. He recommended that the Board use the year-end surplus to fund the positions and renovations and that a fee for service be delayed until additional expansion is needed in the future. Chief Burch reported that staff had met with all the squads and had severai meetings with the Chiefs Board. The volunteers recommended the addition of 28 paramedics, but that number was reduced to 20. A task force is being developed to deal with other issues such as regional cooperation, response times, recruitment and development of an operational plan. Chief Bibb spoke in support of the plan but acknowledged there are still problems to work out such as opposition to fee for service. 622 October 24, 2000 Chief Henderson advised that the Fire Chiefs Board is also in support of the plan. The following citizens spoke concerning the proposed fire and rescue plan: 1. Glen Branscom. 8819 Newport Road. Catawba. expressed concern about the slow response times that will continue in portions of Catawba. 2. David H. Chilton. 6870 Blacksbura Road. presented a letter from the Catawba Valley Civic League concerning coverage in the Catawba area. 3. Michael Altizer. 3005 Valley Stream. expressed support for full time personnel at all stations including Mt. Pleasant. 4. Lester C. Turner. 196 Oak Drive. expressed concern about the coverage in the Mt. Pleasant area. 5. Cynthia Turner. 196 Oak Drive. expressed pride in the volunteers and concern about the coverage in the Mt. Pleasant area. 6. Ona Early. 3387 Mt. Pleasant Blvd.. expressed concern about the iack of coverage in the Mt. Pleasant area. 7. Robert Early. 2861 Mt. Pleasant Blvd.. Assistant Chief of Mt. Pleasant was concerned that the plan does not address all the problems such as Mt. Pleasant, Bent Mountain, and Catawba. 8. Susan lowe. P. O. Box 8063. expressed concern about low morale among the volunteers. 9. Lee Bibb. Chair of the Rescue Chiefs Board. explained that the committee will look at the entire comprehensive plan and decide where to put the people. He expressed opposition to fee for service. 10. Barbara Martin. 7150 Blacksbura Road. presented a letter from the October 24, 2000 623 Catawba Community Club expressing concern about the lack of coverage in the Catawba Valley. 11. Michael Roop. 3033 Bonsail Lane. spoke in opposition to the proposed quadrant system. 12. Annie Krochalis. 9428 Patterson Drive. President of the Bent Mountain Civic Leaaue, spoke in opposition to the compromise plan for staff allocation and recommended addressing the staffing at Bent Mountain, Mt. Pleasant and Catawba. 13. Euaene File. 3854 Hyde Park Drive. Roanoke. spoke in opposition to fee for service. 14. Karen Scott. 8443 Poor Mountain Road. Bent Mountain. advised that her son was severely burned in the Bent Mountain area and time is critical to burn victims. 15. Joe CoYle. 4908 Wade Road. expressed support for the 20 new positions but not for the quadrant plan. He recommended developing a plan after the positions are approved. 16. Timothy Tucker. 2820 Beaverbrook Road. spoke in support of the 20 positions. 17. Paula Bittinaer. 10325 Tinselv Lane. expressed support for the original proposal and that no station should ever be empty. Mr. Hodge explained to the Board and the public how the staff and volunteers came to their recommendations. Chairman McNamara thanked the citizens for attending the meeting and expressing their views. Supervisor Nickens expressed appreciation to the volunteers and advised that the staff allocation will be determined by 624 October 24, 2000 a committee of staff, volunteers and Fire and Rescue staff. Supervisor Church pointed out that communication has been improved as a result of these meetings, and Supervisor Minnix pointed out that the County is beginning to make progress. Supervisor Johnson emphasized that the Board will need to make a targeted commitment for the funds every year. There was general Board consensus that the Board will not participate in the allocation plan, and that the plan will be the responsibility of the committee. Supervisor Nickens moved to: (1) authorize the addition of 20 paramedic- firefighters and funding of $907,000 out of June 2000 year-end funds; (2) move forward with the improvements at Clearbrook and Mt. Pleasant stations; (3) move forward in working on plans for potential capital improvements at Vinton, Read Mountain and Mason Cove Stations; (4) move forward with the volunteer/administrative task force to develop a long range plan for recruitment, training, and service delivery, and bring back a report to the Board within 90 days. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None INRE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES .1, (CONTINUED TO JANUARY 2001 BY THE PLANNING COMMISSION AT THE REQUEST OF THE PETITIONER) Ordinance for a Special Use Permit to allow a convenience store with aas station located at 3434 Buck Mountain Road. Cave Sprina Maaisterial District. upon the petition of Sprinawood Properties. LLC. October 24, 2000 625 = This item was continued to November 14, 2000 by the Planning Commission at the request of the petitioner. £, (CONTINUED TO NOVEMBER 14. 2000 AT THE REQUEST OF THE PETITIONER) Second readina of ordinance to obtain a Special Use Permit to construct a 180 foot broadcastina tower. located in the 300 block of John Richardson Road. Hollins Maaisterial District. upon the petition of U. S. Cellular. This item was continued to November 14, 2000 at the request of the petitioner. ~ Second readina of ordinance to obtain a Special Use Permit for a reliaious assembly. located at 5471 Keffer Road. Catawba Maaisterial District. upon the petition of The Church of God. (Terrv Harrinaton. County Planner) 0-102400-5 Mr. Harrington advised that the Church of God plans to construct a new 2,400 square foot, one story church with a 80-90 seat sanctuary. The building would be served by an existing private well and new septic system. The property is zoned AR, Agricultural Residential District. The Planning Commission recommended approval. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None 626 October 24, 2000 ORDINANCE 102400-5 GRANTING A SPECIAL USE PERMIT TO THE CHURCH OF GOD, CATAWBA, VIRGINIA FOR RELIGIOUS ASSEMBLY TO BE LOCATED AT 5471 KEFFER ROAD (TAX MAP NO. 7.00-1-59), CATAWBA MAGISTERIAL DISTRICT WHEREAS, The Church of God, Catawba, Virginia has filed a petition for a special use permit for a 2400 square foot religious assembly to be located at 5471 Keffer Road (Tax Map No. 7.00-1-59) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 3, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 26, 2000; the second reading and public hearing on this matter was held on October 24, 2000. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to The Church of God, Catawba, Virginia for a 2400 square foot religious assembly to be located at 5471 Keffer Road (Tax Map No. 7.00-1-59) in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ~ Second readina of ordinance to rezone 3.77 acres from C-2 with conditions to C-1 with conditions to construct an office buildina. located in the 3100 block of Electric Road. Windsor Hills Maaisterial District. upon the petition of Certified Medical Representatives Institute. (Terry Harrinaton. County Planner) 0-102400-6 Mr. Harrington reported that the petitioners plan to construct a 26,000 square foot office building not to exceed 45 feet in height. The Board originally rezoned October 24, 2000 627 this site from R-1 Single Family Residential to C-1, Office in 1988 at the request of the Hobart Companies. It was intended to be part of the Colonnade Corporation Center. In July 1999, the Board approved a rezoning from C-1 Office to C-2 General Commercial at the request of Blue Ridge Café lLC to construct a restaurant. The parcel is designated Transition in the Community Plan. At the Planning Commission meeting, the petitioners were asked if additional proffers relating to a 45 foot maximum height of the building and 80 foot rear buffer yard would be acceptable to the client. The Planning Commission recommended approval with four conditions. Supervisor Johnson advised he would abstain because his company had the property for sale. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Minnix, Church, Nickens, McNamara None ABSTAIN: Supervisor Johnson ORDINANCE 102400-6 TO CHANGE THE ZONING CLASSIFICATION OF A 3.77-ACRE TRACT OF REAL ESTATE lOCATED IN THE 3100 BLOCK OF ROUTE 419 (TAX MAP NO. 76.16-1-39) IN THE WINDSOR HillS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C2C TO THE ZONING CLASSIFICATION OF C1C WITH CONDITIONS UPON THE APPLICATION OF CERTIFIED MEDICAL REPRESENTATIVES INSTITUTE WHEREAS, the first reading of this ordinance was held on September 26, 2000, and the second reading and public hearing were held October 24, 2000; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 3, 2000; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .377 acres, as described herein, and located in the 3100 block of Route 419 (Tax Map 628 October 24, 2000 Number 76.16-1-39) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C2C, General Commercial District, with conditions, to the zoning classification of C1 C, Office District, with conditions. 2. That this action is taken upon the application of Certified Medical Representatives Institute. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) There will be no additional entrances or exists on Route 419. (2) An easement providing access across the property between Tract 1 (Tax Parcel #76.16-1-39.1) (N/F Westclub Corporation) and Parcel "3" (Tax Parcel #76.16-1-40.7) (N/F Bank of Virginia) will be made available for purchase at a reasonable cost that allows the owner of the property to receive fair value for the easement and to recover costs incurred in connection with the easement. Parking lot lighting shall not exceed a height of 20 feet above grade. A minimum of an 80 foot buffer yard shall be established and maintained at the rear of the property adjacent to the residential lots on Hillbrook Drive. (5) The building height shall not exceed 45 feet. 4. That said real estate is more fully described as follows: Beginning at an iron pin set on the northern right of way of Virginia Route 419 (Electric Road) 703.61 feet from the point of intersection of Postal Drive as shown on a plat by T. P. Parker and Son, dated August 18, 1994, and recorded in Plat Book 17, page 58; thence along the northern right of way of said Virginia Route 419 along a curve to the left having a chord bearing and distance of N. 82 deg. 05' 10" W. 79.97 feet, a radius of 1488.15 feet, and an arc length of 79.98 feet to an iron pin set; thence continuing along said Virginia Route 419 N. 82 deg. 08' 42" W. 142.30 feet to an iron pin set being the southeast corner of Tract 1; thence leaving said Virginia Route 419 and with the eastern line of said Tract 1 N. 19 deg. 37' 09" E. 559.22 feet to an iron pin set being the northeast corner of said Tract 1, the southeast corner of lot 13, Block 16, Section 4 of Cresthill, and the southwest corner of lot 12, Block 16, Section 4 of Cresthill, recorded in Plat Book 5, page 28; thence leaving said Tract 1, and said lot 13, and with the southern lines of lots 12, 11, 10, and 9 S. 70 deg. 50' 00" E. 171.17 feet to an iron pin found; thence continuing with the lines of same S. 59 deg. 36' 00" E. 239.18 feet to an iron pin set being the southern corner of said lot 9 of Cresthill, said point also being located on the western line of now or formerly Robert S. and Jane W. Branham property; thence leaving said lot 9 and with the western lines of said Branham, now or formerly United States Postal Service, and now or formerly Bank of Virginia properties S. 41 deg. 27' 45" W. passing an iron pin found at 113.18 feet and an iron pin found at 289.18 feet for a total distance of 312.41 feet to an iron pin found; thence continuing with the lines of same S. 41 deg. 25' 35" W. passing an iron pin found at 159.62 (3) (4) October 24, 2000 629 feet for a total distance of 194.54 feet to the point of beginning, containing 3.7755 acres of land, being all of Tract 2 of subdivision for Westclub Corporation, as recorded in Plat Book 17, page 58. 5. That the conditions imposed with the rezoning of this property by Ordinance 022399-5 are hereby removed. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Church, Nickens, McNamara NAYS: None ABSTAIN: Supervisor Johnson §., Second readina of ordinance for a Special Use Permit to allow a 195 foot broadcast tower. located in the 8300 block of Honeysuckle Road. Windsor Hills Maaisterial District. upon the petition of Aircable of Roanoke. LLC. (Terrv Harrinaton. County Planner) 0-102400-7 Mr. Harrington explained that this was a request for the construction of a 195 foot broadcast tower along the ridge of Poor Mountain. At the Planning Commission Andy Wright of Aircable and David Simpson answered technical questions. The Planning Commission recommended approval with four conditions. Maryellen Goodlatte, attorney for the petitioners, was present to answer questions. Supervisor Johnson noted that the property is owned by Evangel Foursquare Church and asked if they pay taxes on the property. Mr. Mahoney responded that he would check, but if the property is not used for religious purposes, it should be taxed. Ms. Goodlatte also advised that Aircable is a commercial tenant who 630 October 24, 2000 leases the property from the church, and it is not being used for religious purposes. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 102400-7 GRANTING A SPECIAL USE PERMIT TO AIRCABLE OF ROANOKE, LLC TO CONSTRUCT A 195-FOOT BROADCAST TOWER TO BE LOCATED ON POOR MOUNTAIN (TAX MAP NO. 93.00-1-47), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Aircable of Roanoke, lLC has filed a petition for a special use permit to construct a 195-foot broadcast tower to be located on Poor Mountain (Tax Map No. 93.00-1-47) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 3, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 26, 2000; the second reading and public hearing on this matter was held on October 24, 2000. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Aircable of Roanoke llC to construct a 195-foot broadcast tower to be located on Poor Mountain (Tax Map No. 93.00-1-47) in the Windsor Hills Magisterial District is substan- tially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The height of the tower shall not exceed 195 feet from grade. (2) The lattice tower and all attached hardware and antenna shall be non-reflective so as to reduce visibility and light reflection. No lighting shall be installed on the tower structure unless required by the FAA. Security lighting may be provided on site, at a height not to exceed 25 feet. (4) If the use of the broadcast tower structure for broadcasting is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the county, and the special use permit become void. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. (3) October 24, 2000 631 On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ~ Second readina of ordinance to rezone 0.345 acre portion of .809 acre parcel from Co2 to R-2 to construct a two family dwellina. located at 5929 Williamson Road. Hollins Maaisterial District. upon the petition of Mexicorp Inc. (Terrv Harrinaton. Countv Planner) 0-102400-8 Mr. Harrington reported that this lot is located near the intersection of Williamson Road and Florist Road. The proposed new entrance is off Florist Road. The existing structure will continue to have access from Williamson Road. The Planning Commission discussed the possible time frame for VDOT's road improvements to Florist Road and recommended approval. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Minnix, Church, Nickens, McNamara None ABSTAIN: Supervisor Johnson ORDINANCE 102400-8 TO CHANGE THE ZONING CLASSIFICATION OF A .345-ACRE PORTION OF AN .809-ACRE TRACT OF REAL ESTATE LOCATED AT 5929 WILLIAMSON ROAD (PART OF TAX MAP NO. 38.06-9-3) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C2 TO THE ZONING CLASSIFICATION OF R2 UPON THE APPLICATION OF MEXICORP, INC. WHEREAS, the first reading of this ordinance was held on September 26, 2000, and the second reading and public hearing were held October 24, 2000; and, 632 October 24, 2000 WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 3, 2000; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: . 1. That the zoning classification of a .345-acre portion ("lot A") of a tract of real estate containing .809 acres, as described herein, and located at 5929 Williamson Road (Part of Tax Map Number 38.06-9-3) in the Hollins Magisterial District, is hereby changed from the zoning classification of C2, General Commercial District, to the zoning classification of R2, Medium Density Residential District. 2. That this action is taken upon the application of Mexicorp, Inc. 3. That said real estate is more fully described as follows: lot "A" containing 0.345 acres as shown on a plat entitled "Plat from Records made for Mexicorp, Inc. showing a proposed new line on .805 acre parcel also showing proposed lot "A" (0.345 acres) and proposed lot "B" (0.460 acres) situate on Williamson Road and Florist Road. Said plat prepared by Jack G. Bess, dated August 25, 2000, and attached to this ordinance. Lot "A" being a portion of Tax Map No. 38.06-9-3. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Church, Nickens, McNamara NAYS: None ABSTAIN: Supervisor Johnson L Second readina of ordinance amendina Ordinance 011299-6 "Roanoke County Community Plan" for adoption of a new future land use map for the Hollins (Exit 146) 1-81 Interchange area. (Janet Scheid. Senior Planner) 0-102400-9 Ms. Scheid reported that as a result of increasing traffic along the Interstate 81 corridor, the Virginia Department of Transportation has proposed improving the interstate to provide increased carrying capacity and to address safety October 24, 2000 633 concerns. These proposed improvements include the re-design of Exit 146 at Plantation Road. In response to these proposed improvements, the Board asked staff to analyze the potential land use impacts and opportunities that the road improvements might provide and determine suitable land uses within these interchange areas that could promote economic opportunities while limiting haphazard development. Ms. Scheid advised that staff has held two community meetings in this project area, and the proposed Community Plan revisions reflect citizen input from these meetings, staff analysis of current and anticipated conditions and Planning Commission review. The most significant land use change being recommended is in the Indian Road area in the southwest corner of the project area. This is a residential area, zoned R-1 and currently designated as Neighborhood Conservation. The Planning Commission has recommended changing this designation to Principal Industrial to reflect the prevalent surrounding industrial development. Supervisor Johnson emphasized that these changes would not increase taxes ands there will be no attempt to assemble property for a "big box" type business. Richard Baum spoke and advised that one side of Colvin Street is commercial and one side is heavy industrial. He recommended that the land use for 10 lots be designated Core land Use. Supervisor Johnson moved to adopt the ordinance with changes requested by citizens on 10 lots which will be zoned commercial and designated Core land Use. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 102400-9 AMENDING ORDINANCE 011299-6, "ROANOKE COUNTY COMMUNITY PLAN" . ADOPTION OF A NEW 634 October 24, 2000 FUTURE LAND USE MAP FOR THE HOLLINS (EXIT 146) 1-81 INTERCHANGE AREA, AND THE INCORPORATION OF DEVELOPMENT GUIDELINES FOR THIS AREA WHEREAS, by Ordinance 011299-6 the Board of Supervisors adopted the "Community Plan for Roanoke County, Virginia;" and WHEREAS, as a result of increased traffic along the Interstate 81 corridor, the Virginia Department of Transportation has proposed improving the interstate to provide increased carrying capacity and to address safety concerns; and WHEREAS, these proposed improvements include the redesign of Exit 146 at Hollins; and WHEREAS, the Planning Commission has prepared amendments to the Community Plan for Roanoke County for the Hollins area; and WHEREAS, a Planning Commission Public Hearing on the proposed amendments was held after advertisement and notice as required by 15.2-2204 of the Code of Virginia, on September 5, 2000; and WHEREAS, the first reading of this ordinance was held on September 26, 2000, and the second reading and public hearing was held on October 24, 2000. NOW THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 011299-6 adopting the "Roanoke County Community Plan" dated September 30, 1998, is hereby amended to include the following: (1) The adoption of the land Use and Economic Opportunity Area map revisions as shown on a map prepared by Whitesell Orisson, Inc., dated 09/09/00 and entitled "1-81 Interchange Study HOLLINS AREA PROPOSED lAND USE," said map is Attached hereto as Attachment (2) The adoption of text amendments entitled "HOLLINS/EXIT 146 INTERCHANGE DISTRICT" attached hereto as Attachment B. 2. That the effective date of this Ordinance is October 24, 2000. On motion of Supervisor Johnson to adopt ordinance with land use map amended on 10 lots to be designated Core land Use, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None §.., Second readina of ordinance amending and reenactina Section 21-3. "Utility Service Tax" of Article I. "In General" of Chapter 21. "Taxation" of the Roanoke Countv Code to conform to the reQuirements of Virainia Statutes dereaulatina October 24, 2000 635 0-102400-10 electrical and natural aas industries. Senior Assistant County Attorney) (Joseph Obenshain. There were no changes to the ordinance from the first reading and no citizens present to speak. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 102400-10 AMENDING AND REENACTING SEC. 21-3. "UTILITY SERVICE TAX" OF ARTICLE I. "IN GENERAL" OF CHAPTER 21, "TAXATION" OF THE ROANOKE COUNTY CODE TO CONFORM TO THE REQUIREMENTS OF VIRGINIA STATUTES DEREGULATING ELECTRICAL AND NATURAL GAS INDUSTRIES WHEREAS, the 2000 session of the General Assembly, as part of its comprehensive electric utility restructuring legislation, amended Section 58.1-3814 of the Code of Virginia to convert the basis for the local consumer utility tax to kilowatt- hours delivered, for electricity, and hundred cubic feet (CCF), for natural gas, from the current basis of a percentage of the monthly amount charged to the consumer of the utility service; and WHEREAS, the General Assembly further required that any locality imposing a tax on consumers of electricity and natural gas must amend its ordinance to conform to these legal requirements not later than October 31, 2000, in order to permit the required notification to each utility so that the new consumer utility tax will be effective on and after January 1, 2001; and WHEREAS, the first reading of this ordinance was held on October 10, 2000; and the second reading and public hearing will be held on October 24,2000. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 21-3, Utilitv service tax of Article 1. IN GENERAL of Chapter 21, TAXATION of the Roanoke County Code be amended and re-enacted as follows: Sec. 21-3 (a) Utility service tax. There is hereby imposed and levied by the county, upon each and every purchaser of a utility service, a tax in the amount of twelve (12) percent of the charge made by the seller against the purchaser or consumer with respect to each utility service, which tax, in every case, shall be collected by the seller from the purchaser and shall be paid by the 636 October 24, 2000 purchaser to the seller for the use of the county at the time that the purchase price or such charge shall become due and payable under the agreement between the purchaser and the seller; provided, however, that the tax herein above imposed shall not be deemed to apply to that part of the charge in excess of fifteen dollars ($15.00) per month made by any seller of any utility service to any purchaser thereof who uses such utility service in private homes or residential units; provided, further that any commercial or industrial user shall pay the herein above set out twelve (12) percent on the first five thousand dollars ($5,000.00) of utility service. . . . . ill Electric and Natural Gas Consumer Tax.;. (1) "Electric Utility Consumer tax": In accordance with Code of Virginlê~1-3814 effective with the first bill for electric energy renderedJor meter reading on or_~fter JanuarY 1 2001, the rate of taJS QILelectric energy delivered to a consumer bl( a service provi~ß classified as determined by such provider. shall be as follows: ill Residential consumers: Such tax shall be $0.00900 per kilowatt hour (klJY!JLwith a minimum tax of ~0.9j)~ month and a maximum tax of $1.80 per month; Commercial consumers: Such tax shall be $0.00610 per k i Igwatt hou r .-ikV'{!:),L,gel iye red~_. i nc I u d.lnL.£I,Jßtol11e r ,Ç.harges with a minium tax oLlQÆLper month..1!D.Q.-2. maximum tax of $600.00 Rer month; .üill Industrial consumers: Such tax shall be $0.00640 per kilowatt (kWh) delivered including customer char9-e~ with..JL!!!.l!1lmum Jax- of...$.0.90 per month and a maxil!!!!ffi chJllil!L911600.00 per month. (2) "Natural aas utility consumer tax": In accordance with Code of ViæJ.!!i~L.§li8.1-,;3814. there is hereby imposed and levied a monthly ~JS".Q!L.gach...P!!fÇhase ot.naturaL.9-as deliv~ed t9.s91'~....Qy ¡:>ipeline distribution companies and...Ms utilities as classified M ~'class of consumer"as suçh~.m is defined~.Qe of Virginia...§. 58,.1-3814 J...2.S follows.;. ÜYl Residential consumers: Such tax shall be $0.12183per CCF delivered to residential consumers m"onthly with a minimum tax of ~0.90 per month and a maximum tax of $ 1.80.;. Commercial consumers: Such tax shall be $,0. tÆ183per CCF delivered to commercial consumers !'f1onthly with a minimum tax of $0.90 per month and a maximum taxofliQO.OO.;. !Yli Industrial consumers: Such tax shall be $0.12183 per CCF deliverg9....!Q..lM!Jstrial consumers month~ith a minimum tax o(.$.QJ!'Q.l1m:J!!onth...M1d a maxim.!-m:Uax of $,600.00; (3) Exemptions: The followina consumers of electricitv and natural ~are exem )t from the tax imposed by subsections a and b hereof: ttill Any public safety aQency as defined by Code of Virginia llil !Yl October 24, 2000 637 (bl §28.1-381~ (viii) The United States of America. the Commonwealth of ~tæi!!ia .!!!1.(Uhe 'politicÊ1.-ID!bdivisioJ}§..tl:1er.!lQ1,.lJJcllJ.QJn9 !Vis jurisdictio!h It shall be the duty of every seller QL§IDj.ÇJL'pxovid~ in acting as the tax collecting medium or agency tor the county to billJQ-ÊllfL collect from the purchaser QL£~ for the use of the county the tax hereby imposed and levied at the time of collecting the purchase price or any transmission fee charged therefor. arn:t-ti'te The taxes collected during each calendar month shall be reported by each seiler 9Lseryj.Ç..!1."provi<!g[ to the Commissioner of the Revenue of the coLlnty,-"on J?.l!ÇJ:Lforms as the Commissioner shall prescribe, on or before the last day of the calendar month thereafter, together with the name and address of any purchaser who has refused to pay this tax. Simultaneously therewith, the seller or service provider shall file a copy of such report with and remit to the Treasurer of the county the taxes so collected and reported in accordance with Section 58:1:: 381~'!!@.9.raphs F. and G.. and Section 58.1-2901 of the Code of Virginia. If any consumer fails to pay a bill issued by a seller o[ serYlç~.Qrovider, l!lcluding the tax imposed by this section, the sJ~.!!g[ 9..r seQ!jce provider must follow its norl11al collection procedures and .\!P.9!!.£Q!!~«-HQllÆJ!!!Lbill.Æ:..!!!!y..Qart thereof must apportion thev!l~! 5!m.Q.unts.Ql!~cted b~JW~~IlJhe c.hargCLfor llN..ser)!jce a&the tax_and r.çmit the~JU;!QrtionvJo the county. AI1Y..!£tx paid..Qy.ll1gJ,..Q.nsumJ!LtQ the seJler or service provider shall be deemed to be held in trust by §.Y.ch seJ.!~LQL.ProvideLuntil.remitted to the county. The tax levied or imposed under this section with respect to the purchase of any utility service shall be applicable to charges first appearing on bills rendered for service provided after January 1, 1986. The county Treasurer shall be charged with the power and the duty of collecting the taxes levied and imposed hereunder and shail cause the same to be paid into the general treasury of the county. Each and every seller .Q.t.§M'y!~...p.roviger shall keep and PL~§el")Le for 5!.M!iQ.Q. of thrE!!L.QLyear§ complete records showing all purchases in the county., which records shall show the price charged against each purchaser with respect to purchase, the f !,Iantit)/".QLYQlume of !!tl!.!!y...p.rovide.Ø~where .ê.Im!i«-~ the date thereof, and the date of payment thereof, and the amount of tax imposed hereunder and such records shall be kept open for inspection by the duly authorized agents of the county at reasonable times and the duly authorized agents of the county shall have the right, power and authority to make transcripts thereof during such times as they may desire. In all cases where the seller or servic~ provider collects the price of utility services,"",~lectric energy or natura~ periodically, the tax hereby imposed and levied may be computed on the aggregate amount of the purchases during such period, provided, the amount collected shall be the nearest whole cent to the amount computed. (c) (d: (e) 638 October 24, 2000 OJ The following words and phrases when used in this section shall for the purposes of this section have the following respective meanings, except where the context clearly indicates a different meaning. ill~Commercial or industrial consumer ~r. The term "commercial or industrial consumer tlSer" shall mean the owner or tenant of property usedfor-cOrnmercial, industrial and all other purposes, except tho~e defined as a resid@tial consumer, who pays for utility service for such property; except, that with respect to local exchange telephone service, such term shall mean any person furnished service classified as "business" under tariffs filed with the state corporation commission. {2L..,Çonsumer. The word "cons!Jmer" shaJI include - ev~~Q. w h 9-> .__J n d !y i d u ÊJk~Æw .!!l[Ç?J!g.!L_êMn,!§",_...JtI!!R!.Qyg~~ -Æflç;~ [mlli!Æ~!!Jat!yes or permitee.§,.- makes a,..-,taxablL purchƧ"E1._Qf electricity, naturaL.ID§,J~leph.Q[1Jl,Q[ water sg,ry..lces in the counlY.,. (3) Gas utility. The word "gas utility" shall include everv public utility authorized to furnish naturaills service in Virginia. (4) CCF. The term "CCF" shall mean the volume of aas at standard Qr~.2§Jlre and tewperature in units of 100 cubic feet. ill..J<..Jlpw€!JJ hour (kWh) delivered. The term "kilowatt hour, or kWh.. delivered"shall mean 1000 watts of electricity delivered in a one-hour Q.~Jiod by an electric p.l.Qvider to a consumer. except that in the case pf eligible customer-generators {sometimes called "cogenerators"l as deflred in CodeJ~tYk9lnié!..§.l1!ì-594, it me~!!§ kWh supplied froll} the electric gird to such customer-generators. minus the kWh fl~nerated__anc;L.f~ll_back to tI1IL_~lectric Jl(!fLby suçJ::L. customer- !l!Lner~wrs. LIDffl Mobile local telecommunication service. The term "mobile local telecommunications service" means any two-way mobile or portable local telecommunications service, including cellular mobile radio telecommunication service and specialized mobile radio. illf4i Person. The word "person" shall include IDl individuals, ç.Q!!lP~ firms, partnerships- associations, corporations, Q.r othe..r ~J:lJj1Ï> and combinations of individuals of whatever form and character. !.ID..p-ÏMline distribuJLQIl.....£CLf'I'!PJ~!1Y,_, The ~erm "pipellM... distribution company" shall include every person. other than__šL..QjRelin~ transmission company, which transmits, ~ means of a pipeline. natural gas, manufactured gas or crude petroleum and the prod_ucê .Qr..QyP.r.9J;t.!!cts~tb~[eoHCL¡UlliJJ;:J1Ê.~H~r for ..Illi!J29ses .Qt furnishing he.;'!..! .QLli9.ht. m.H-27 Pure/1aser. The word "purchaser shall include every person who purchases a utility service. 09Jt5) Private homes or residential unit. The term "private homes or residential unit" shall mean the owner or tenant of private residential property who pays for the utility service in or for said property, except that. with respect to local exchange telephone service, such term shall mean any person furnished service classified as October 24, 2000 639 "residential" under tariffs filed with the state corporation commission. (11) Residential consumer. The term "residential consumer" shall i!)Jèlud~. the owner or tenant of Rro~ used primarily for resid~ntial p..\!.Œgses. including, but ll.Q.tlimited tod!.I~m:!mgnthou~~!LMJLQ.!!:t~ multiple-family dwellings. (12) Service provider. The term "service provider" shall include a persolJ. who_Æeliv~I~~kçJricity to a consumer or jLM~Jl!!!YÆ plReJtl}~.__gJstri buti 0 I}w'£Q.I!1..PJ!f!'y.".J1IIh içlL del iyers wD.atu ri!Lg1!.~."lQ...jI consumer. (r3f"Ušëè{ primarily. The term "used primarily" shall refer to the !Ë!.9~LQ9 rt i Q.!L ..<?f..J h e .~LœL@l£!L~!.!1,Çt ri ç....Qr...ll1!!.!!fl1 L ..9Ë.~YJ!!!!Y service is furnished. 114)"(4) uiJìity service. The phrase "utility service" shall include local exchange telephone service of corporations falling within the provisions of article 4, chapter 38, title 58.1 of the Code of Virginia, 1950, as amended, and water service aml--e-Iectlicìty servtc-e--arnt-gas .HH .-i",; of ë.OIPOI¡;tiOI1S fðllÎl,g ...itlJiil ¡hI'> pio.i;;;ioi'\s of í'1I'i:icle 4, ê.:'&!5~¿¡ :;8. tai" 50.1 of th" í'ifoll'>SlIieJ Cõde of Vii ginia. furnished in tl,e .~()tlnty. @fi37 Unless" othe.!Y'!.!~J!!dicated! thL~ terms "consumer," "aross charqe." "mobile service consumer," "mobile service provider," "service address," and "taxable purchase" shall have the meanings as provided in Section 58.1-3812 of the 1950 Code of Virginia, as amended, and such definitions are incorporated herein b)' reference. (I) Whenever the tax levied by this section is collected by the seller or seryic~ PI9..Yider acting as a tax collecting medium or agency for the county is accordance with paragraph (b), such seller Qf.service provider shall be allowed as compensation for the collection and remittance of this tax, three (3%) percentum of the amount of tax due and accounted for. The seller 9..L.§.~.I'Y!.£~..p..æYi.gg[ shall deduct this compensation from the payments made to the county treasurer in accordance wnh paragraph (b), provided the amount due is not deiinquem at the tmw, of payment (in) If any seller gLserviçgJ~ævider whose duty it is to do so shall faii or refuse to file with the Commissioner of the Revenue any return for the tax required to be collected and under subsection (b) within the time and in the amount speciíied there shall be added to such tax by the Commissioner of the Revenue of Roanoke County a penalty of ten (10%) percent of the tax due. If any selle, or '§'~r:".jce provide!: whose duty it is to do so shall fail or refuse to remit to the Treasurer of Roanoke County the tax required to be collected and paid under subsection (bi within the time and in the amount specified therein, there shall be added to such tax by the Treasurer of Roanoke County a penalty of ten (10%) percent of the tax due. Any such penalty when so assessed shall become a part of the tax. In the event any such tax is not paid on or before the date the same is due, interest at the rate of ten (10%) percent per annum, commencing on the first day of the month after the due date, shall be assessed and collected on the 640 October 24, 2000 principal 01 and any penalties on such tax; provided however, that for the second and subsequent years of delinquency, such interest shall be at the rate established pursuant to Section 6621 of the U.S, Internal Revenue Code of 1986, as amended (n) The Commissioner of the Revenue shall promulgate rules and regulations for the interpretation, administration and enforcement of this section. It shall also be the duty of the commissioner to ascertain the name of every seller QL~eryjS<ê Qxg)~jder liable for the collection of the tax imposed by subsections (a).1i!.1l./i.!1j! @l) who fails, refuses or neglects to collect such tax or to make the returns and remittances required by subsection (b), The commissioner shall have all of the enforcement powers as authorized by article 1, chapter 31 of title 58.1 of the Code of Virginia, 1950, as amended, for purposes of this section. io! If any seller or§J~I,!!,Ç.!LQ!:9vide[, whose duty it is to do so shall fail or refuse to collect the tax imposed by subsections (a)~..Q.t.í@ and to make within the time provided in subsection (b). the returns and remittances mentioned in this section. 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 seller 9l" servi~!LQ!:Q.\!lçIer who has failed or refused to collect such tax and to make such return and remittance, he shall proceed to determine and assess against such seller 9L!?_E11YJ£!LQ.[9Vider the tax and penalties provided for by this section and ,hail n~)tify such seller 9.LWY!f~.J!.!:9.Yig~, by registered mail sent to his last known place of business, of the total amount of such tax and penalties and the total amount thereof shall be payable within ten (10) days from the date such notice is sent. 2. That this ordinance shall be in full force and effect on and after January 1, 2001, On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS James Garris. 3108-D Honeywood Lane. spoke on Supervisor Nickens' proposal to give radar guns to citizens and asked that they also be used as a tool to capture County vehicles that are speeding, including Police and EMS vehicles when their lights are not flashing. He asked for a response from the staff. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS October 24, 2000 641 Supervisor Church: (1) He expressed sympathy to Dick Fisher on the death of his wife, Ann. (2) He complimented Total Action Against Poverty (TAP) on their 35th Anniversary events. (3) He reminded everyone that November 7 is Election Day and encouraged people to vote. Supervisor McNamara: He announced that registered voters can vote by absentee ballot through Saturday, October 28. IN RE: ADJOURNMENT At 9:20 p.m. Chairman McNamara adjourned the meeting. Submitted by, Approved by, '?Y)~~. ~ Mary H. Allen, CMC/AAE Clerk to the Board M..- ~.. .. - eph McNamara hairman 642 October 24, 2000 This paae left intentionally blank /"