HomeMy WebLinkAbout6/27/2000 - Adopted Board Recordsnk
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
THE ROANOKE COUNTY ADMINISTRATION E
COUNTY, VIRGINIA, HELD A
CENTER ON TUESDAY, JUNE 27, 2000
RESOLUTION 062700-1 AUTHORIZING ISSUANCE OF UP TO
$6,50DEVELOPMENT
IN INDUSTRIALAUTHORITY OR THE BENEFIT OF FRIENDSHIP INDUSTRIAL
DEVELOPMENT
MANOR
WHEREAS, the Industrial Development Authority of the County of Roanoke,
Virginia ("Authority"), has considered the application of Friendship Manor, Inc.
("Borrower") requesting the issuance of the Authority's revenue bonds in an amount not
to exceed $6,500,000 ("Bonds"), $4,200,000 of which will be used to assist the
Borrower in financing renovations, improvements and equipment for the Borrower's 373 -
bed nursing home facility (the "Facility") located at 327 Hershberger Road, N.W., in the
County of Roanoke, Virginia and $2,300,000 of which will be used to refund a prior 1979
bond issue of the Authority, the proceeds of which were used to (a) finance
improvements to the Facility and an daddition h ch thereto
used to finance the T4 bond
original
issue of the Authority, the proceeds
construction of the Facility ("Project"), and has held a public hearing on June 7, 2000;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended
(the "Code"), provides that the governmental unit having jurisdiction over the issuer of
private activity bonds and over the area in which any facility financed with the proceeds
of private activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of Roanoke,
Virginia ("County"); the Project is located in the County and the Board of Supervisors of
the County of Roanoke, Virginia ("Board") constitutes the highest elected governmental
unit of the County;
WHEREAS, the Authority has recommended that the Board approve the
issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the
Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a
Fiscal Impact Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the benefit
of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the
Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist
in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness of the
Project or the Borrower.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations
Section 5f.103 -2(f)(1), this resolution shall remain in effect for a period of one year from
the date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Roanoke, Virginia this 27th
day of June, 2000.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
David R. Porter, Director, Economic Development, Secretary -Treasurer, IDA
Ed Natt, General Counsel, IDA
2
A-062700-2
ACTION NO.
ITEM NUMBER 4�5—(54%
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2000
AGENDA ITEM: Request to Accept Additional State Revenues and Appropriate to the
Sheriffs FY1999-2000 Budget.
COUNTY ADMINISTRATOR'S COMMENTS: r'`}
l
�4 j
SUMMARY OF INFORMATION: During FY 1999-00, as in previous years, the inmate
population at the Roanoke County Jail has remained above capacity. In addition, the average
inmate population increased from 193 to 217, an increase of 12% over the prior calendar year.
As a result, operational costs such as food, utilities, medical costs, etc. continue to consume a
substantial portion of the Jail's budget. After reviewing the Sheriffs year-to-date expenditures,
a year-end deficit of $136,000 is projected.
Administration & Civil $12,000
Care and Confinement14(8000)
Total $(136,000)
Roanoke County is reimbursed by the state for salaries, mileage, office expenses, and for
housing state prisoners. The reimbursement for state responsible inmates varies between a
rate of $6 and $8/day. In addition, the City of Salem reimburses the County for housing its
prisoners on a per diem basis.
State reimbursement for commonwealth responsible prisoners is subject to state prisoner
population, general assembly appropriations, and political factors, variables difficult to consider
in revenue projections. Given this fact, revenues for these items are estimated conservatively
with the intention of seeking additional appropriations from the Board of Supervisors if the
inmate population increased expenses and the related reimbursements.
C._. - a
Based on the conservative revenue estimates versus the projected revenues anticipated to be
collected from the state and from the City of Salem for the Sheriffs Department for FY99-00,
revenues in excess of budget for these categories should total approximately $300,000.
STAFF RECOMMENDATION: Staff recommends an appropriation adjustment to recognize an
additional $136,000 of state revenue for personnel and operations reimbursement and
increasing the Care and Confinement budget within the Sheriffs department by $136,000 to
cover increased operational costs of the jail caused by increased inmate population, staffing
requirements, and capital reimbursements.
Respectfully submitted, Approved by,
GAL -
W. Brent Robertson Elmer C. Hodge
Budget Director County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION
VOTE
No Yes Absent
Approved (x) Motion by: H. Odell Minnix to appropriate Church _ x _
Denied O funds Johnson _ x
Received () McNamara_ _ x
Referred () Minnix _ x
To () Nickens _ x
cc: File
W. Brent Robertson, Director, Budget
Sheriff Gerald Holt
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2000
ORDINANCE 062700-3 AUTHORIZING QUIT -CLAIM AND RELEASE OF
PORTIONS OF A 20' PRIVATE ACCESS AND UTILITY EASEMENT, A 20'
DRAINAGE EASEMENT, AND A 20' SANITARY SEWER AND WATER
EASEMENT, ALL AS CREATED ON PLAT BOOK 10, PAGE 149, AND A
VARIABLE WIDTH DRAINAGE EASEMENT CREATED ON PLAT BOOK
12, PAGE 33, AND A 15' WATER LINE EASEMENT AND PUBLIC UTILITY
EASEMENT CREATED ON PLAT BOOK 18, PAGE 97, WITHIN THE
BOUNDARIES OF SOUTH CONCOURSE DRIVE IN VALLEYPOINTE,
SITUATED IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, in order for South Concourse Drive to be accepted into the state
secondary road system, the Virginia Department of Transportation (VDOT) requires that
the right-of-way be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT has requested quit -claim and release to the Commonwealth of
Virginia of all existing easements within the boundaries of South Concourse Drive, namely
the following: a portion of a "20' PRIVATE ACCESS & UTILITY EASEMENT", a portion of a "20'
DRAINAGE EASEMENT", and a portion of a 20' "SANITARY SEWER & WATER EASEMENT",
dedicated and shown on the `Plat Showing The Subdivision of Property (52.036 Ac.) Of
Gestalt Properties, ...,' dated June 6, 1988, and recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in Plat Book 10, page 149; a portion of a variable width
"NEW DRAINAGE EASEMENT" dedicated and shown on the'Plat Showing New Tracts 1 D, 1 E,
1 F, 3A, 3B, & 4A, ...,' dated September 12, 1989, and recorded in the aforesaid Clerk's
Office in Plat Book 12, page 33; and a portion of a "NEW 15' W.L.E. & P.U.E." [water line
easement and public utility easement] dedicated and shown on the 'Plat Showing the
Resubdivision of Tract 3D (10.644 Acres), Tract 1 D1 (2.473 Acres), and Tract 3E (5.955
Acres) Property of Liberty Property Development Corp....,' dated December 12, 1995, and
recorded in the aforesaid Clerk's Office in Plat Book 18, page 97; and,
WHEREAS, it will serve the interests of the public to have South Concourse Drive
accepted into the state secondary road system and the release, subject to the issuance of
a permit and other conditions, will not interfere with other public services and is acceptable
to the affected Roanoke County departments.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
A first reading of this ordinance was held on June 13, 2000; and a second reading was
held on June 27, 2000.
2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke
County, the interests in real estate to be released are hereby made available for other
public uses by conveyance to the Commonwealth of Virginia for acceptance of South
Concourse Drive into the state secondary road system by the Virginia Department of
Transportation (VDOT).
3. That quit -claim and release to the Commonwealth of Virginia of the portions
of the "20' PRIVATE ACCESS & UTILITY EASEMENT", "20' DRAINAGE EASEMENT", and 20'
"SANITARY SEWER & WATER EASEMENT", dedicated or created by the above-described plat
recorded in Plat Book 10, page 149, and the portion of the variable width "NEW DRAINAGE
EASEMENT" dedicated by the above-described plat recorded in Plat Book 12, page 33, and
the portion of the "NEW 15' W.L.E. & P.U.E." dedicated by the above-described plat recorded
in Plat Book 18, page 97, within the boundaries of South Concourse Drive at Valleypointe
as shown on Exhibit A, is hereby authorized, subject to the following conditions:
PJ_
a. VDOT issuance of a permit for any or all private utilities, drainage
lines or pipes, sanitary sewer lines or pipes, water lines or pipes, and
public utility company lines or pipes and any related appurtenances or
facilities.
b. The facilities located within the 50 -foot right-of-way for South
Concourse Drive may continue to occupy the street or highway in the
existing condition and location.
C. The release would be for so long as the subject section of South
Concourse Drive is used as part of the public street or highway
system.
4. That the subject public easements are not vacated hereby and shall revert
to the County in the event of abandonment of the street or highway.
5. That the County Administrator, or an Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Vickie Huffman, Assistant County Attorney
Gary Robertson, Director, Utility
3
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PROPOSED ACCESS, WATER, SANITARY SEWER, PUBLIC UTILITY AND
DRAINAGE EASEMENTS TO BE VACATED ARE CROSS HATCHED I
DESCRIPTION:
Easements within the boundaries of South Concourse Drive and located from the
intersection of ValleyPark Drive to its cul-de-sac, the development of V alleyPointe
20' Private Access and Utility Easement - P.B. 10, PG. 149
20' Drainage Easement - P.B. 10, PG. 149
20' Sanitary Sewer and Water Easement - P.B. 10, PG 149.
Variable width Drainage Easement - P.B. 12, PG. 33 f
15' Water Easement and P.1.6E. - P.B. 18, P.C. 97
i
ROAIVOK.E COUNTY
DEPARTMENT OF
>✓ OM3g1NITY DEMOPMENT
ACCESS, WATER, SANITARY SEWER, PUBLIC UTIL
AND DRAINAGE EASEMENTS TO BE VACATED
VALLEYPOINTE
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2000
ORDINANCE 062700-4 EXTENDING THE FRANCHISE OF
BLACKSBURG/SALEM CABLEVISION , INC. D/B/A SALEM CABLE TV
TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY
FOR A PERIOD OF 90 DAYS
WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned
subsidiary of Adelphia Communications Corporation, currently holds a franchise granted
by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television
system within portions of Roanoke County which franchise expired on October 4,1999, and
was extended for a period of ninety (90) days by action of the Board of Supervisors on
September 28, 1999, and for additional ninety (90) day periods by action of the Board on
January 11, 2000 and March 28, 2000; and
WHEREAS, negotiations are currently under way between Blacksburg/Salem
Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this
franchise agreement, which negotiations may not be concluded sufficiently prior to such
date to permit adoption of a new franchise agreement by the Board of Supervisors of
the County of Roanoke prior to the expiration of the current franchise agreement on or
about July 1, 2000; and
WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is
prohibited by federal law from operating a cable television system within any jurisdiction
without a franchise agreement or extension as defined by federal law; and
WHEREAS, the first reading of this ordinance was held on June 13, 2000, and the
second reading of this ordinance was held on June 27, 2000.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem
Cable TV, to continue to operate a cable television franchise within the territorial limits of
Roanoke County, Virginia, after July 1, 2000, and to prevent any interruption of cable
television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem
Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system
within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days
beginning at 12:00, midnight, on July 1, 2000, under the same terms and conditions as
contained in the existing franchise agreement originally granted by the Board of
Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable
TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc.,
d/b/a Salem Cable TV, as of April, 1997.
2. This ordinance shall be in full force and effect from its passage.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Joseph B. Obenshain, Senior Assistant County Attorney
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2000
RESOLUTION 062700-5 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 June 27,
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 9,
inclusive, as follows:
1. Approval of minutes for May 9, 2000, May 23, 2000.
2. Confirmation of committee appointment to Parks and Recreation Advisory
Commission.
3. Request for authorization to execute an operating contract with the Roanoke
Valley SPCA.
4. Request from Schools for $4,917,338 appropriation to the Regional Special
Education Fund.
5. Request for acceptance of a $9,565.02 grant by the Police Department to
continue the Cops for Coaches Program.
6. Acceptance of three grants for the Roanoke Valley Greenway Commission,
authorization to expend the funds, and authority to execute the grant
contracts.
7. Closeout of Youth Haven II petty cash fund.
8. Approval and appropriation of $42,331 Family Preservation Act monies.
9. Acceptance and appropriation of $17,388 Juvenile Accountability Incentive
Block Grant.
0
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.
On motion of Supervisor Nickens to adopt the Consent Resolution, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
John Chambliss, Jr., Assistant Administrator
W. Brent Robertson, Director, Budget
Ray Lavinder, Chief of Police
Patricia M. Radcliffe, Regional Director
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
Liz Belcher, Greenway Coordinator
Paul M. Mahoney, County Attorney
Vincent K. Copenhaver, Finance Manager
John M. Chambliss, Jr., Assistant Administrator
Betty McCrary, Director, Social Services
2
A -062700-5.a
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2000
AGENDA ITEM: Confirmation of Committee appointment to the Parks and Recreation
Advisory Commission
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
Parks and Recreation Advisory Commission
Supervisor Church is nominating Wayne Gauldin and Donna Wooldrige to another three
year term representing the Catawba Magisterial District. Their terms will expire 6/30/2003
STAFF RECOMMENDATION
It is recommended that the above nominations be confirmed.
Respectfully submitted,
Mary H. Allen, CMC/AAE
Clerk to the Board
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
pp
ed byr
Elmer C. Hodge
County Administrator
UTORK01041
Motion by: Harry C. Nickens to approve
cc: File
Parks and Recreation Advisory Commission File
1
VOTE
No Yes Absent
Church _ x
Johnson — x _
McNamara_ _ x
Minnix — x _
Nickens _ x-
A -062700-5.b
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27,2000
AGENDA ITEM: Request to approve the proposed Operating Contract
with the Roanoke Valley SPCA
COUNTY ADMINISTRATOR'S COMME S:
BACKGROUND:
At the work session with the Board of Supervisors on June 13,
2000, you asked staff to place a report requesting approval of the
SPCA contract on the consent agenda for June 27.
For several years, the Roanoke Valley SPCA has provided the
animal impoundment facilities for Roanoke County and most of the
other local governments of the Roanoke Valley. The current
contract is based on a per animal per day basis of $8.75 and is
expected to cost Roanoke County approximately $29,300 this year.
These monies are included in the Police Department budget which
provides the Animal Control functions for the County.
The proposed contract is for a period of two years and
suggests that the rate be a flat fee basis in the amount of
$33,585.84 annually payable at the rate of $2,798.82 per month.
This same rate will apply for two fiscal years (FY 2000-01 and
FY 2001-02).
For several years, the fees charged by the SPCA have not
covered the services provided to the localities and the subsidy was
provided by the monies of the SPCA in addition to the volunteer and
staff efforts of their organization. Attached is a copy of the
proposed budget of the SPCA, an analysis of the costs attributed to
the impoundment operation, and a comparison of the current contract
to the proposed contract (by locality based on historical usage).
Related to this matter, Roanoke County, Botetourt County,
Roanoke City, and the Town of Vinton have been working for over a
year to determine the best means of providing the animal
impoundment facility. During early discussions with the Roanoke
Valley SPCA, they indicated that they did not wish to provide the
impoundment and euthanasia services, but planned to provide animal
education, adoption, and other pet related services. In January
2000, their officials met with local government representatives to
suggest that we consider building a regional impoundment facility
on their property and the SPCA would continue to operate it under
contract. We are now working with their architects to see if the
needed facility can, in fact, be constructed on their site. We
will then seek to negotiate a capital plan and operating plan for
joint services. These joint discussions have resulted in this
proposed two year operating contract.
At this time, we do not have alternate facilities to use,
however, staff feels that the SPCA has negotiated in good faith for
this new contract. During our discussions for the operation of a
proposed new impoundment facility, the localities must determine
the services that we wish to provide ourselves and which functions
and services are to be performed by the SPCA. These services are
likely to cost substantially more (salaries either for the SPCA or
the localities) as well as the factor for the facility debt
service. We anticipate a long term contract with a greater voice
in the operations at that time.
Staff from Roanoke County, Roanoke City, Vinton and Botetourt
County met with the Board members from the SPCA and their architect
on June 14 to look at the proposed site plan and to work towards a
common goal of beginning the construction of the new facility. We
share the goal of the Board of Supervisors in bringing this
planning process to a prompt conclusion.
ALTERNATIVES:
1. Renew the contract with the Roanoke Valley SPCA to provide
animal impoundment services for the two year period FY2000-02
at an annual rate of $33,585.84.
2. Establish an animal shelter of our own and assume all
operating costs. (Obviously, this cannot be accomplished by
July 1, 2000.) No such site or staff is available at this
time and it will be more expensive to operate based on the
amount of volunteer help available to the SPCA and the other
donations that they receive.
3. Find another shelter to join or contract with to provide
impoundment services. This alternative may require
substantial cost for transportation and may not be readily
accessible to County residents seeking to locate or recover a
pet. Without a specific facility in mind, accurate cost
estimates cannot be provided.
FISCAL IMPACT:
Funds are included in the Police Department budget to handle
animal shelter costs.
RECOMMENDATIONS:
Staff recommends renewing the contract on a regional basis
with the Roanoke Valley SPCA upon form approved by the County
Attorney and authorization for staff to continue to work with the
Valley governments and the SPCA to resolve the new shelter and
other operational issues.
Respectfully submitted, Approved,
C'
John M. Chambriss, Jr. Elmer C. H dge
Assistant Administrator County Administrator
----------------------------------------- ------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Harry C. Nickens to approve Church _ x
Denied () Johnson _ x _
Received () McNamara_ _ x
Referred () Minnix _ x _
To () Nickens x
cc: File
John Chambliss, Jr., Assistant Administrator
W. Brent Robertson, Director, Budget
Ray Lavinder, Chief of Police
A -062700-5.c
ACTION #
ITEM NUMBER
MEETING DATE: June 27, 2000
AGENDA ITEM: Request from Schools for $4,917,338 appropriation to the
2000-2001 Regional Special Education Fund
COUNTY ADMINISTRATOR'S COMMENTS:
WQ�
BACKGROUND: The Roanoke County School Board serves as the fiscal agent for
the Roanoke Valley Regional Special Education Board. The budget for the regional
board for 1999-00 was $4,404,656. The board -adopted budget for 2000-01 is
$4,917,338.
The Regional Program began operation during the fiscal year 1986-87. The Regional
consortium is comprised of six school divisions: Roanoke County, Roanoke City,
Salem City, Botetourt County, Craig County and Franklin County. Services are
provided to children with autism, multiple disabilities, severe and profound
disabilities and hearing impairments.
Regional classes are currently housed in the following school divisions:
Roanoke County
Roanoke City
Botetourt County
Franklin County
FISCAL IMPACT: Revenue received from participating school divisions is based on
a per pupil cost. Program cost for each division is offset through reimbursement
from the State Department of Education.
STAFF RECOMMENDATION: Staff recommends appropriation of the Roanoke Valley
Regional Special Education Board's budget for 2000-01.
Patricia M. Radcliffe
Regional Director
Elmer C. Hodge
County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Harry C. Nickens to approve Church _ x
Denied () Johnson _ x _
Received () McNamara_ — x
Referred () Minnix _ x _
To () Nickens x
cc: File
Patricia M. Radcliffe, Regional Director
Diane D. Hyatt, Director, Finance
Dr. Linda Weber, School Superintendent
Brenda Chastain, Clerk, School Board
Region/County01
A -062700-5.d
ACTION NUMBER
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER.
MEETING DATE: June 27, 2000
AGENDA ITEM: Acceptance of a grant by the Police Department to provide funds to
employ full time police officers to work with youth through coaching
athletic teams at county secondary schools.
County Administa is comments:
BACKGROUND:
The Roanoke County Police Department applied for a grant to continue the Cops for
Coaches Program. The program involves police officers coaching high school athletic
teams to improve community relations. This program provides police officers many
opportunities to interact with youth in positive situations. The grant has been approved
by the Department of Criminal Justice Services (DCJS) in the amount of $12,753.
FISCAL IMPACT:
The grant is for $9565.02 in DCJS federal funds ( 75%) and $3188.34 in local
funds(25%).
The local match will be satisfied from existing police department funds.
STAFF RECOMMENDATION:
The staff recommends acceptance of the grant from the Department of Criminal Justice
Service.
Respectfully submitted,
James R. Lavinder
Chief of Police
f
Elmer C. Hodge
County Administrator
_:s-_5
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Harry C. Nickens to approve Church _ x _
Denied () Johnson _ x
Received () McNamara_ _ x
Referred () Minnix _ x _
To () Nickens _ x _
cc: File
James R. Lavinder, Chief of Police
Diane D. Hyatt, Director, Finance
A -062700-5.e
ACTION NO.
ITEM NO. Le
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2000
AGENDA ITEM: Request for acceptance of grants for the Roanoke Valley Greenway
Commission, authorization of expenditure of said funds, and delegation to the Greenway
Commission of authority to execute contracts and agreements related thereto.
COUNTY ADMINISTRATOR'S COMMENTS:
�4
BACKGROUND:
In April 1997 Roanoke County, Roanoke City, Salem and Vinton signed an Intergovernmental
Agreement establishing the Roanoke Valley Greenway Commission. The Greenway
Commission's role is to promote and coordinate development of a regional greenway network.
In October 1997 Roanoke County signed an agreement with the Commission to provide office
space for the Greenway Coordinator and serve as fiscal agent for the Commission.
In October 1997 Roanoke City agreed to build a connection for Lick Run Greenway on the new
I-581 Valley View interchange. This was done with the understanding that greenway supporters
would raise funds to build the next section of greenway providing connection to a public right-
of-way. The Greenway Commission has sought and obtained $67,500 in grants from the Fifth
Planning District Regional Alliance and a $39,600 grant from the Virginia Recreational Trails
Fund Program for construction of this section of Lick Run Greenway. Land for the greenway has
been donated by FCD -Shenandoah Limited Partnership and Barrows Corporation to the Western
Virginia Land Trust. Pathfinders for Greenways, a non-profit citizen group, has secured private
donations and paid for the engineering design. When this section of greenway is completed, it
will be donated to Roanoke City and will serve as match to the TEA -21 grants funding the
remainder of the project.
The Greenway Commission has coordinated this project with Roanoke City staff, has had plans
reviewed by Roanoke City engineering, and is now ready to bid and contract for construction of
the next section of Lick Run Greenway.
FISCAL IMPACT:
No Roanoke County funds will be expended for these purposes.
SUMMARY:
Roanoke County serves as fiscal agent for the regional Roanoke Valley Greenway Commission.
The Commission needs to expend grant funds for construction of Lick Run Greenway in
Roanoke City.
STAFF RECOMMENDATION:
Staff recommends: 1) acceptance of said grants for the Roanoke Valley Greenway Commission,
2) authorization of expenditure of funds for purposes specified in the grants, and 3) delegation of
authority to the Greenway Commission to sign contracts and documents related to expenditure of
grant funds.
Respectfully Submitted, Approved,
Lize1 her, Greenway Coordinator Elmer C. Hodge
Roanoke Valley Greenways County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Harry C. Nickens to approve Church _ x _
Denied () Johnson _ x _
Received ( ) McNamara_ _ x
Referred ( ) Minnix _ x _
To () Nickens x
cc: File
Liz Belcher, Greenway Coordinator
Diane D. Hyatt, Director, Finance
Paul M. Mahoney, County Attorney
A -062700-5.f
ACTION NO.
ITEM NUMBER ,5— 7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2000
AGENDA ITEM: Close out of Youth Haven II Petty Cash
COUNTY ADMINISTRATOR'S COMMENTS:
V�., N?Wk
SUMMARY OF INFORMATION:
Section 15.2-1229 of the Code of Virginia of 1950, as amended, authorizes the Board of
Supervisors of any county to establish one or more petty cash funds not exceeding $5,000.
This request is for the specific close out of Youth Haven II's petty cash in the amount of $500.00.
These funds have been verified and received by the Roanoke County Treasurer's office. If petty
cash funds are needed by the Day Reporting Program (to be operated at the Youth Haven II
facility), then a separate request will be generated by the Court Service Unit.
FISCAL IMPACT:
None.
STAFF RECOMMENDATION:
Staff recommends closing out the Youth Haven II petty cash fund in the amount of $500.00.
SUBMITTED BY:
Vincent K. Copenhaver
Finance Manager
M:\FrNANCE\COMMON\Board-Reports\2000\6-27-OO.Y.H.wpd
APPROVED:
Elmer C. Hodge
County Administrator
�-i
------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Harry C. Nickens to approve Church _ x _
Denied () Johnson_ x _
Received ( ) McNamara_ _ x
Referred ( ) Minnix _ x _
To () Nickens x
cc:
File
Vincent K. Copenhaver, Finance Manager
Diane D. Hyatt, Director, Finance
M:\FfNANCE\COMMON\Board-Reports\2000\6-27-OO.YH.wpd
A -062700-5.g
ACTION NO.
ITEM NUMBER -►
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27,2000
AGENDA ITEM: Request for the Approval and Appropriation of
Family Preservation Act Monies
COUNTY ADMIN STRATOR'S COMMENTS:
BACKGROUND:
The Family Preservation Act is a grant program through the
Department of Social Services used to preserve the family unit by
offering specialized assistance to families and youth. For Fiscal
Year 1999 - 2000, Roanoke County is slated to receive $42,331. In
the past, these monies have been distributed by the Community
Policy and Management Team (CPMT) to fund specialized respite care,
evaluations for specialized treatments for the children served by
the Comprehensive Services Act, and other unique needs of qualified
youth whose cases are being administered by the CPMT.
FISCAL IMPACT:
The $42,331 allocated to Roanoke County has been earmarked for
multi -discipline physical and neurological evaluations for children
before the CPMT. No other General Fund monies are required.
RECOMMENDATIONS:
Staff recommends accepting the Family Preservation Act monies
in the amount of $42,331 for FY 1999-2000 and appropriating said
funds for use by the CPMT to treat the needs of the youth of the
County.
Respectfully submitted, App ved by
John M. Chamb iss, Jr. Elmer C. Hodge
Assistant Administrator County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Harry C. Nickens to approve
VOTE
No Yes Absent
Church _ x _
Johnson _ x
McNamara_ _ x
Minnix _ x _
Nickens _ x _
cc: File
John M. Chambliss, Jr., Assistant Administrator Steve Kleiber, Finance
Diane D. Hyatt, Director, Finance Betty McCrary, Director, Social Services
A-062700- 5-h
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2000
AGENDA ITEM: Request to Accept and Appropriate a Juvenile
Accountability Incentive Block Grant
COUNTY ADMINISTRATOR'S COMMENTS:
NrAll
BACKGROUND:
The Federal Government established a Juvenile Accountability
Incentive Block Grant program administered in Virginia through the
Department of Criminal Justice Services. Roanoke County was an
entitlement community because of certain juvenile crime and
population statistics and was awarded a Year 1 grant of $6,600
Federal money with a $733 local match and a Year 2 grant of $10,788
Federal money with a $1,199 local match to be used for the
FY 1999-2000. The County and City of Roanoke pooled their
allocations to develop an inventory of programs providing juvenile
justice services to the juveniles of the community and will work to
develop a graduated level of sanctions to be applied in the
treatment process. The proposed levels of sanctions include
diversion for first time offenders, supervision for second and
third time; and residential placement for four or more times. We
will be working with the community organizations to establish their
roles in the treatment programs.
FISCAL IMPACT:
The grant is for $17,388 with a local match of $1,932 to come
from the Court Service Unit budget.
RECOMMENDATIONS:
Staff recommends acceptance and appropriation of the Juvenile
Accountability Incentive Block Grant with the participation in the
regional project to establish a system of graduated sanctions for
juvenile offenders.
Respectfully submitted, pr ved
/Ajo
Chambliss, Jr. Elmer C. Hodge
ssistant Administrator County Administrator
------------------------------------------------------------------------------------------------------------------
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Harry C. Nickens to approve Church _ x _
Denied () Johnson _ x
Received () McNamara_ _ x
Referred () Minnix _ x
To () Nickens _ x _
cc: File
John M. Chambliss, Jr., Assistant Administrator
Diane D. Hyatt, Director, Finance
Lesa Ward, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JUNE 27, 2000
RESOLUTION 062700-6 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 Minnix adopt the Certification Resolution; and carried by
the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC
cc: File Clerk to the Board of Supervisors
Closed Session File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2000.
RESOLUTION 062700-7 OF APPRECIATION TO JEREMY FORD,
PATRICK GREER AND JESSE JANNEY FOR THEIR HONESTY AND
INTEGRITY IN TURNING IN FOUND MONEY TO THE POLICE
DEPARTMENT
WHEREAS, Jeremy Ford, age 13, Patrick Greer, age 14, and Jesse Janney, age
14, were target shooting with a BB gun in the woods near Cider Mill Court on April 8, 2000;
and
WHEREAS, during this activity they came upon two glass jars containing $2,032 in
cash and $104.50 in personal checks that were dated in 1978; and
WHEREAS, realizing the importance of finding the owner, they immediately
contacted the Roanoke County Police Department which later found the owner of the
money; and
WHEREAS, Jeremy Ford, Patrick Greer and Jesse Janney should be commended
for their honesty, integrity and high moral character by reporting their findings to the Police.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, does hereby express its sincere appreciation to Jeremy Ford, Patrick
Greer and Jesse Janney for recognizing the importance of finding the owner of the money
and contacting the Roanoke County Police Department; and
FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its heartfelt
pride in the manner in which these young men conducted themselves in this sensitive
situation.
1
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Resolutions of Appreciation File
Ray Lavinder, Chief of Police
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JUNE 27, 2000
ORDINANCE 062700-8 GRANTING A SPECIAL USE PERMIT TO
CONNELLY MEMORIAL BAPTIST CHURCH TO CONSTRUCT A BUILDING
FOR RELIGIOUS ASSEMBLY TO BE LOCATED IN THE 6800 BLOCK OF
THIRLANE ROAD (TAX MAP NOS. 37.06-1-29 AND 37.06-1-35), CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, Connelly Memorial Baptist Church has filed a petition for a special use
permit to construct a building for religious assembly to be located in the 6800 block of Thirlane
Road (Tax Map Nos. 37.06-1-29 and 37.06-1-35) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on June 6,
2000; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading
on this matter on May 23, 2000; the second reading and public hearing on this matter was
held on June 27, 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 Connelly
Memorial Baptist Church to construct a building for religious assembly to be located in the
6800 block of Thirlane Road (Tax Map Nos. 37.06-1-29 and 37.06-1-35) 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 with the following condition:
(A) The site shall be developed in substantial conformance with the site plan
for Connelly Memorial Baptist Church, dated March 22, 2000, drawn by Roderick F. Pierson.
2. That this ordinance shall be in full force and effect thirty (30) days after its final
1
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, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
2
ROANOKE COUNTY ReNgious Assembly (Church)
DEPARTMENT OF Special Use Permit
COMMUNITY DEVELOPMENT 37.06-1-29,35
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JUNE 27, 2000
ORDINANCE 062700-9 TO CHANGE THE ZONING CLASSIFICATION OF
A 0.891 -ACRE TRACT OF REAL ESTATE LOCATED AT 4903 STARKEY
ROAD (TAX MAP NO. 87.11-3-1) IN THE CAVE SPRING MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF 1-1 WITH
CONDITIONS TO THE ZONING CLASSIFICATION OF C-2 WITH
CONDITIONS UPON THE APPLICATION OF NANCY MEYER-BARKER
WHEREAS, the first reading of this ordinance was held on May 23, 2000, and the
second reading and public hearing were held June 27, 2000; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on this
matter on June 6, 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 0.891
acre, as described herein, and located at 4903 Starkey Road (Tax Map Number 87.11-3-1)
in the Cave Spring Magisterial District, is hereby changed from the zoning classification of
1-1, Industrial District with conditions, to the zoning classification of C-2, General
Commercial District with conditions.
2. That this action is taken upon the application of Nancy Meyer -Barker.
3. That the owner of the property has voluntarily proffered in writing the following
condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts:
(a) The property will be developed in substantial conformity with the
concept plan prepared by Craighead & Associates with revised dated
1
5/15/00.
4. That said real estate is more fully described as follows:
All that certain property containing .89 acre as described in a deed dated
September 3,1999, by and between Jessee Albert Webster and Patricia Ann
Joyce Webster, Grantors, to Patricia Ann Joyce Webster, Grantee, of record
in the Roanoke County Circuit Court Clerk's Office in Deed Book 1634 at
page 1444, and further described as Tax Map No. 87.11-3-1.
5. 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 to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
,1E�•
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
2
NOR
ROANOKE COUNTY Nancy Meyer Darker
DEPARTMENT OF Rezone from I-1 C to C-2
COMMUNITY DEVELOPMENT
87.11-3-1
S--A")-S
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JUNE 27, 2000
ORDINANCE 062700-10 TO CHANGE THE ZONING CLASSIFICATION OF
A 2.9 -ACRE TRACT OF REAL ESTATE LOCATED IN THE CLEARBROOK
COMMUNITY (TAX MAP NOS. 88.03-1-30, 31, 32, 33, AND 34) IN THE
CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF AV TO THE ZONING CLASSIFICATION OF C-2
WITH CONDITIONS UPON THE APPLICATION OF JAMES WALKER
WHEREAS, the first reading of this ordinance was held on May 23, 2000, and the
second reading and public hearing were held June 27, 2000; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on this
matter on June 6, 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 2.9
acres, as described herein, and located in the Clearbrook Community (Tax Map Numbers
88.03-1-30, 31, 32, 33, and 34) in the Cave Spring Magisterial District, is hereby changed
from the zoning classification of AV, Agricultural Village District, to the zoning classification
of C-2, General Commercial District with conditions.
2. That this action is taken upon the application of James Walker.
3. That the owners of the property have voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(1) A. Access to Stable Road will be controlled by a gate, chain or
1
similar mechanism.
B. The exit from the site onto Stable Road shall be designed to
allow only right hand turns.
(2) Exterior lighting fixtures shall be designed so as to shine down to the
surface and not extend onto the property of adjacent owners.
(3) The freestanding sign shall be a monument style sign.
(4) Except for the Land Rover column, no building on the property shall
be higher than 45 feet.
(5) Landscaping in the required 10' buffer along Stable Road shall include
evergreen trees or shrubs so as to provide year-round screening, in
addition to deciduous planting.
(6) The property shall be developed as an "automobile dealership, new."
4. That said real estate is more fully described as follows:
All that property described as Tract One containing .5 acre, Tract Two
containing 0.289 acre, Tract Three - Parcel No. 1 containing 1.0 acre, Tract
Three - Parcel No. 2 containing 0.086 acre, and Tract Four containing 0.993
acre conveyed by deed of gift dated April 22, 1987, by and between John S.
Brooks, Jr. and Ruth E. Brooks, Grantors, and Coleen B. Carter, Ronald S.
Brooks, and Carol B. Lester, Grantees. Said deed of gift of record in the
Roanoke County Circuit Court Clerk's Office in Deed Book 1272 at page
1107. This property is also known as Tax Map Nos. 88.03-1-30, 31, 32, 33,
and 34.
5. 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.
2
4
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
3
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ROANOKE COUNTY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
James R. Walker
Rezone from AV to C-2
88.03-1-30,3f,32,33,34
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2000
ORDINANCE 062700-11 GRANTING A SPECIAL USE PERMIT TO
VALLEY COMMUNICATIONS TO ALLOW THE PLACEMENT OF A 120 -
FOOT LATTICE COMMUNICATIONS TOWER TO BE LOCATED ON
PROPERTY OFF ROUTE 311 (CATAWBA VALLEY DRIVE) AND ROUTE
794 (SYCAMORE DRIVE) (TAX MAP NO. 25.00-1-21), CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, Valley Communications has filed a petition for a special use permit to
allow the placement of a 120 -foot lattice communications tower to be located off Route
311 (Catawba Valley Drive) and Route 794 (Sycamore Drive) (Tax Map No. 25.00-1-21)
in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on June
6, 2000; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 23, 2000; the second reading and public hearing on this
matter was held on June 27, 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 Valley
Communications to allow the placement of a 120 -foot lattice communications tower to be
located off Route 311 (Catawba Valley Drive) and Route 794 (Sycamore Drive) (Tax Map
No. 25.00-1-21) 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 with the following
1
conditions:
(a) The height of the proposed lattice tower, excluding any antenna
attached to the tower shall not exceed 120 feet above grade. Any
extension of the proposed tower shall require a special use permit.
(b) The lattice tower structure and all attached hardware shall be a flat
matted color so as to reduce visibility and light reflection.
(c) The tower structure comprised of the pressure treated telephone
poles shall not exceed 40 feet in height.
(d) 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.
(e) If the use of the tower structure for wireless communications 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 shall become void.
(f) The location of the electric service transmission lines shall follow the
path of the existing roadway in order to minimize loss of tree
coverage.
(g) The location of the tower structure and related equipment shall be as
shown on the undated plan included with the application entitled
"Concept Plan, Valley Communications Site, Brushy Mountain,
Roanoke County, Virginia" dated 4/21/2000, as prepared by
Engineering Concepts.
2
(h) The tower shall have whip antennae only.
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 with Condition (a) amended
that any antenna attached to the tower shall not exceed 120 feet above grade, and carried
by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
3
Tax Map No. Corrected 7-6-00 from 27.15-5-47 to 27.13-5-47
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2000
ORDINANCE 062700-12 AMENDING THE CONDITIONS IN ORDINANCE
032399-9 WHICH GRANTED A SPECIAL USE PERMIT TO VAUGHN
WILBURN TO CONSTRUCT MINI -WAREHOUSES TO BE LOCATED IN
THE 7200 BLOCK OF BARRENS ROAD (TAX MAP NO. 27.13-5-47)0
HOLLINS MAGISTERIAL DISTRICT, UPON APPLICATION OF THREE W.
CORP.
WHEREAS, by Ordinance 032399-9 Vaughn Wilburn, President of Three W. Corp.,
was granted a special use permit to construct mini -warehouses to be located in the 7200
block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins Magisterial District, subject
to certain conditions; and
WHEREAS, Three W. Corp. has requested that those conditions be amended; and
WHEREAS, the Planning Commission held a public hearing on this matter on June
6, 2000; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 23, 2000; the second reading and public hearing on this
matter was held on June 27, 2000.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that Ordinance 032399-9 which granted a special use
permit to Vaughn Wilburn, President of Three W. Corp. to construct mini -warehouses to
be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins
Magisterial District, subject to certain conditions, be, and hereby is amended by the
removal of the following paragraph (1) and substitution of a new paragraph (1) as follows:
A planting strip as shown on the attaehed plan embtled Mst Seetj ty
rity
Engineerimg, dated 3/23/99, she!! be provided adjaeent to Barrens
Sedth Drive, and the Peters Greek Apartments. Leyland
Gypress trees shallplantedplanting-
shallp.
tre
- at - time of planting: -
lFbe
planted -
Alongn 5' on eenten
entire south and east side,
feet in height at time of planting, shall be placed a maximum of 8 feet
on center, in a staggered design. On the west side, Photinia x fraseri
(Red Tip) - 2-3 feet tall at time of planting, shall be placed 7-8 feet
on center to achieve full screening. The existing screen fence and
vegetation along south Drive shall be maintained, or replaced to
provide similar screening.
2. That all other conditions (2) through (5) approved by Ordinance 032399-9
shall remain in full force and effect.
3. 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 Johnson to adopt the ordinance with condition #1 amended
K
to include planting of Red Tips; and carried by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Terry Harrington, County Planner
John W. Birckhead, Director, Real Estate Valuation
Paul M. Mahoney, County Attorney
lop
06.
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27 , R
48, ° 45.7104
ROANOKE COUNTY
DEPARTMENT OF Three T. Corporation
COMMUNITY DEVELOPMENT
Corrected 8-16-00 (Page 7, Paragraph (5), line 101
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2000
ORDINANCE 062700-13 AMENDING AND REENACTING SECTIONS 21-150
"DEFINITIONS", 21-151 "LEVY OF TAX; AMOUNT", 21-152 "PAYMENT AND
COLLECTION OF TAX", 21-154 "REPORT OF TAXES COLLECTED;
REMITTANCE; PRESERVATION OF RECORDS", 21-156 "TIPS AND SERVICE
CHARGES", 21-163 "VIOLATIONS OF ARTICLE" AND 21-164 "EXEMPTIONS",
OF ARTICLE VII "TAX ON FOOD AND BEVERAGES" OF CHAPTER 21
"TAXATION" OF THE ROANOKE COUNTY CODE, IN ORDER TO PROVIDE FOR
UNIFORMITY IN ENFORCEMENT OF MEALS TAX ORDINANCES ACROSS THE
COMMONWEALTH
WHEREAS, the 2000 session of the General Assembly adopted HB 255 with the
objective of requiring uniformity for imposition and collection of meals tax by localities
throughout the Commonwealth; and,
WHEREAS, the first reading of this ordinance was held on June 13, 2000, and the
second reading and public hearing was held on June 27, 2000.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows:
That the following sections of Article VI I of Chapter 21 of the Roanoke County
Code be amended and reenacted as follows:
ARTICLE VII. TAX ON FOOD AND BEVERAGES
Sec. 21-150. Definitions.
The following words and phrases, when used in this article, shall have, for purposes
of this article, the following respective meanings except where the context clearly indicates
a different meaning:
(a) Beverpge: As used herein the term beverage shall_ mean alcoholic
1
bevera es as defined in the Code of Vir inia 4.1-100 and nonalcoholic
bevera es served as a_,part of a meal and _purchased in and from a food
establishment.
(b) Cater. The furnishing of food beverages or both on the remises of another,
for cpmeo nsation. , who furnishes food on th�
(c) Collector: The commissioner of the revenue or his/her designee.
(d) Commissioner of the Revenue: The commissioner of the revenue of the
County of Roanoke, and any of his/her duly authorized deputies, assistants,
inspectors, employees or agents.
(e) Food: All food purchased in from a food „establishment, whether reared
in such food establishment or not and whether consumed on the remises
or not and without re and to the manner time or lace of service. Any and
ai! edible refreshments or notirushrment, liquid or otherwise, including alecholi
beverages, ptirehasfed On or from a restatirant or from a caterer, except snaelixt
weds.
(f) Food establishment: Anyplacewhere food is prepared for service to the
public on or off the premises or g_ _place where food is served includingbut
�._. ...,.,,L..,..,.........,
not limited to lunch rooms short order places cafeterias coffee shops
taverns,_delicatessens,dinincj accommodations of public or private
cor orations dinin accommodations ofublic and pEjyate schools and
co lle_q_es,,`mobile points of food service such as pushcart operations hot dog
stands and, similar, operations and grocery stores and convenience stores
selling prepared foods ready for human consumption as,a delicatessen
counter.
LW Meal: Meal shall mean any prepared food and beverage as defined herein
offered or held out for sale by a food establishment for the eumose of b, eing
consu� meed by any person to satisfy the petite and is ready for immediate
consum tion. All such food and bevera e unless otherwises ecificall
exempted or excluded herein shall be included whether intended to be
consumed on the seller's iremises„or elsewhere whether desi natgM1 ed as
breakfast, lunch-, snack dinner, supper or by some other name and without
r„egard,to the manner,, time or place of service.
(h) Person: Any individual, corporation, company, association, firm, partnership
or any group of individuals acting as a unit.
(i) Purchaser: Any person who purchases food in or from a restaurant or from
a caterer.
snack bar, Itinch eodnter delicatessen, comfeetionery, bakery, eating hodse,
eatery, drtigstere, vending rriaehine, ltinch wagon or truck, ptisheart or othe
fflobile facility frorn which fbad is sold, ptiblie or private club, resort, bar o
ictinge. The word "restatirant” shall not rnean a grocery store or superFmarke
except for any spaee or seetion therein designated as a de"eatessen or fbir
the sale of prepared sandwiches, delieatessen fbod or fbed prepared an a
deleeatessen.
Seller. Any person who sells food in or •m a food establishmentor as a caterer.
candy; popeorn, peantits and other nuts; tinepened paekages of cookies,
dantits, eraekers and potato chips; and other iterris of essentially the sairme
(k) Treasurer The treasurer of the County of Roanoke and any of his/her duly
authorized deputies, assistants, employees or agents
Sec. 21-151. Levy of tax; amount.
There is hereby imposed and levied, bytheC� ounty of Roanoke on each)ers„on a tax
at the rate of four t4Lpercent on the amount paid for food and beverages purchased from
any food establishment,whether prepared in.such food establishment or not, and whether
..._,.....,,.,.,�..,.........
3
consumed on the Dremises or not.
served,foods
sold or delivered in the Gounty in or from a restatirant whether p
tirmed on the
or sold to take
p pp , ,
or pre
for stich f6 In the computation of this tax any fraction of one-half cent or more shall be
treated as one cent.
Sec 21-152. Payment and collection of tax.
Every pjerson receiving an payment for food with respect to which a
tax is IE;Vied under this article shall collect and remit the amount of the tax imposed under
this article from the e person on whom the same is levied or from the Derson pp ying_for such
food frorm the ptirchaser on whorn the sarme is Ievi at the time payment for such food is
made beeornes due and pay , whether the payment is to be made in cash or on credit
by means of a credit card or otherwise- provided however, no blind person operating
a
vending, stand or other business enterprise under the jurisdiction of the Department of the
Visuall_� handicapped ,and located on proper acquired and used bythe United State for
arm militate or navalur ose shall be rewired to collector remit such taxes. The amount
of tax owed by the purchaser shall be added to the cost of the food by the seller who shall
pay the.; taxes collected to the County as provided in this article. Taxes collected by the
seller shall be held in trust by the seller for Roanoke County_ until remitted to the county.
Sec. 21-154. Report of taxes collected; remittance; preservation of records.
It shall be the duty of every person required by this article to pax to the County of
Roanoke the taxes im osed bv this article to make a report thereof setting forth such
information as the Commissioner may -,prescribe and require, including all purchases
taxable. under this article---�U-Tfleur of food liable for collection and refflittance of the taxes
4
irnposed by this artiele to keep and preserve for a period ef three (3) years reeords showing
gross -sales of a" food and , the amount charged the purchaser for each such
purchase, the date thereof, the taxes collected thereon and the amount of tax required to
be collected by this article. Such records shall be kept and preserved for a period of five
151yggrs. The Commissioner of the reven shall have the power to examine such records
at reasonable times and without unreasonable interference with the business of such
person the seller, for the purpose of administering and enforcing the provisions of this
article, and to make copies of all or any parts thereof.
Sec. 21-156. Tips and service charges.
Where a purchaser provides a tip or.arratuity for an employee of a seller, and the
amount of the tip/ rg, atu� is wholly in the discretion of the purchaser, the tip/qraUJty is not
subject to the tax imposed by this article, whether paid in cash to the employee or added
to the bill and charged to the purchaser's account, provided in the latter case, the full
amount of the tip/grratuiy is turned over to the employee by the seller.
An amount or percent, whether designated as a tip, gratuij or service charge, that
is added to the price of the food and beverages area+ by the seller, and required to be paid
by the purchaser, is a part of the selling price of the food and beverages ureal and is
subject to the tax imposed by this article.
Sec. 21-163. Penalty for violations of article.
(a) It shall be unlawful and a violation of this chapter for any person to fail, refuse
or neglect to comply with any provision of this article. Such violation shall
constitute (1) a Class 3 misdemeanor if the amount of tax levied or assessed
in connection with any return required by this article but unpaid as of the date
of conviction is one thousand dollars ($1,000.00) or less, or (ii) a Class 1
misdemeanor if the amount of tax levied or assessed in connection with any
return required by this article but unpaid as of the date of conviction is more
5
than one thousand dollars ($1,000.00).
(b) Except a_s a above an cor or or artnershi
officer as defined in Virginia Code X58.11-3906 or any other person required
to coltect, account for or p over the meals tax imposed under this article
who willful fails to collect or truthfully account for or a over such tax, or
who willfullv evades or attempts to evade such tax or payment thereof, shall
in addition, to any other„penalties imposed by law, be guilty, of a Class�1
misdemeanor.
(c) {b-} Conviction of such violation shall not relieve any person from the
payment, collection or remittance of the taxes provided for in this article. Any
agreement by any person to pay the taxes provided for in this article by a
series of installment payments shall not relieve any person of criminal liability
for violation of this article until the full amount of taxes agreed to be paid by
such person is received by the treasurer of Roanoke County. Each failure,
refusal, neglect or violation, and each day's continuance thereof, shall
constitute a separate offense.
Sec. 21-164. Exemptions.
.La) The tax imposed under this ordinance shall not be levied on the
following items when served exclusively for off -premises consumption:
Factory -prepackaged donuts, ice cream, crackers, nabs, chips,
cookies items of essentially the same nature:
LQ Food sold in bulk, For the purposes of this provision, a bulk sale shall
mean the sale of an iter m that would exceed the normal customar_
and usual iDortion sold for on- remises consu, motion e.g., a whole
cake a�aallon of ice cream): a bulk sale shall not include any food or
beverage that is catered or delivered bv a food establishment for off -
premised consumMption.
Qj Alcoholic and non-alcoholic beverages sold in factory sealed
container.
G
Any food or food product purchased with food coupons issued by the
United States Department of Agriculture under the Food -St
Program,or drafts issued throuoh the Virginia Special Sur)plemental
Food Program, for, Woman, Infants and Children.
�51 Any food or food product purchased for home consumption as defined
in the federal Food StamAct of 1977 7 U.S.C.2012, as ame„ nded1.
except„ hot „food wor hot food „products ready for immediate
consum t� ion. For the purposes of administering the tax levied
hereunder, the followin items whether or not urchased for
immediate consumption are excluded from the said definition of food
in the federal Food Stamp Acts sandwiches, salad bar items sold from
a salad bbarsprepackaged,sincile-serving salads consistinq DrimarM,ilvof
an assortment of vegetable, and nonfactory sealed beverages. This
subsection shall not affect provision set forth in subparaoraphs ct
3 4 and 5 herein below.
A grocery store, supermarket or convenience store shall not be subject to the
Lax except for any portion or section therein designated as a delicatessen or
designated for the sale of prepared food and beverages.
Lq� The tax imposed hereunder shall not be levied on the following purchases of
food and beverages The fellawimg pdrehases of food shall met be subjeet to
the tax tinder this aftiel�.
(1) W Food and beverages furnished byfood establishments restaurants
to employees as part of their compensation when no charge is made
to the employee.
(2) M Food and beverages sold by nonprofit day care centers, public or
private elementary or secondary schools or food sold by any college
or university to its students or employees.
(3) (ej Food and beverages for use or consumption and which are paid
for directiyvby the Commonwealth, any political subdivision of the
Commonwealth or the United States.
7
(4) (6) Food and bevera es furnished by a hospital, medical clinic,
convalescent home, nursing home, home for the aged, infirm, or
handicapped, battered women narcotic addicts or alcoholics, or other
extended care facility to patients or residents thereof.
(5) (e) Food and beverages furnished by a pgbric or priKate non-profit
charitable organization or establishment or a private establishment
that contracts with the aprooriate. enc of the Commonwealth to
offer meals at concession vices to elderly, infirm, blind handicapped
or needy person in their homes or at central locations.
(6) (f) Food and beverages sold on an occasional basis knot more than.
three times calendar by a non-profit educational, charitable
or benevolent organizationchur� ch�or rel_ igiaus bodx
basis as a fund-raising activity the ross roceeds of which are to be
used by such organization exclusively for non-r)rofit educational
charitable benevolent or religiousourooses or food sold by a ehur
Or religious body on ial basis.
Food and beverages sold through vending machines.
(8) (M Any other sale of food which is exempt from taxation under the
Virginia Retail Sales and Use Tax Act, or administrative rule and
regulations issued pursuant thereto.
2. That this ordinance shall be effective on and from July 1, 2000.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
E3
ORDINANCE 062700-13 IS BEING SENT TO YOU AGAIN BECAUSE OF A
CORRECTION ON PAGE 7. PARGARAPH (5) LINE 10 WHICH SHOULD READ:
subsection shall not affect provision set forth in subparagraphs (c)
cc: File
Joseph B. Obenshain, Senior Assistant County Attorney
Circuit Court
Roy B. Willett, Judge
Clifford R. Weckstein, Judge
Diane McQ. Strickland, Judge
Richard C. Pattisall, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
William Broadhurst, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Theresa A. Childress, Clerk
Skip Burkart, Commonwealth Attorney
Paul M. Mahoney, County Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
Gerald S. Holt, Sheriff
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
O. Arnold Covey, Director, Community Development
Terrance L. Harrington, County Planner
Gary Robertson, Director, Utility
Michael Lazzuri, Court Services
Elaine Carver, Director, IT
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks & Recreation & Tourism
Gardner Smith, Director, Procurement
John W. Birckhead, Director, Real Estate Valuation
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of Revenue
E