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HomeMy WebLinkAbout5/22/2001 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 RESOLUTION 052201-1 OF APPRECIATION UPON THE RETIREMENT OF DR. CHARLES L. DOWNS, PRESIDENT, VIRGINIA WESTERN COMMUNITY COLLEGE WHEREAS, Dr. Charles L. Downs first became President of Virginia Western Community College in 1981, and WHEREAS, prior to accepting this post, Dr. Downs was associated with the Tidewater Community College, Clayton Junior College, and Brunswick Junior College, and WHEREAS, Dr. Downs has devoted 30 years to educating the young adults of the Commonwealth in the Virginia Community College System, and WHEREAS, Dr. Downs has been an active member of the Roanoke Valley community, serving as Past President of the Rotary Club of Roanoke, a Board Member of the Regional Partnership of Roanoke Valley, a member of the Board of Directors of the Blue Ridge ETV Association and the Roanoke Regional Chamber of Commerce, former chair of the Sisters Cities Corporate Board, and a member of the Lewis-Gale Medical Center Board of Trustees, and WHEREAS, under Dr. Downs leadership, Virginia Western Community College has grown dramatically to an enrollment in 2000 of 8,200 students on their 70 acre campus, and WHEREAS, it is fitting to recognize the many achievements that Dr. Downs has accomplished in his 20 years with Virginia Western Community College and his varied community activities in the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke 1 County, Virginia, does hereby express its deepest appreciation and the appreciation of the citizens of Roanoke County to DR. CHARLES L. DOWNS for his many contributions to the community, the County, and the Roanoke Valley; and FURTHER, the Board expresses its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Congratulations File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 RESOLUTION 052201-2 OF CONGRATULATIONS TO THE ROANOKE COUNTY POLICE DEPARTMENT UPON THE 10TH ANNIVERSARY OF THE CITIZEN POLICE ACADEMY WHEREAS, in 1991, the Roanoke County Police Department conducted the first Citizen Police Academy in the Commonwealth of Virginia; and since that time, approximately 500 citizens have participated in twenty academies; and WHEREAS, the Academy gives attendance preference to County residents but many other citizens in the Roanoke Valley have also enrolled; and WHEREAS, the Academy is designed to provide a better understanding between citizens and police through education; and WHEREAS, the Academy is creating a growing number of responsible, well- informed citizens with the potential of influencing public opinion in regard to police practices and services; and WHEREAS, the Academy does not have to charge a fee to attend because of the sponsorship by the Kroger Company, Kwik-Kopy, and AAA Vending. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby express its congratulations to the ROANOKE COUNTY POLICE DEPARTMENT upon the 10"' anniversary of the Citizen Police Academy; and FURTHER, the Board commends the Police Department for the successful establishment and administration of the Academy. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: 1 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Chief Ray Lavinder 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MAY 22, 2001 RESOLUTION 052201-3 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ORDER AN ELECTION ON FILLING THE VACANCY IN THE CONSTITUTIONAL OFFICE OF THE COMMISSIONER OF THE REVENUE WHEREAS, Section 24.2-228.1 of the Code of Virginia, 1950, as amended, provides that a vacancy in any elected constitutional office shall be filled by a special election; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the constitutional office of the Commissioner of the Revenue. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to order an election on November 6, 2001, on the filling of the vacancy in the constitutional office of the Commissioner of the Revenue. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Clerk of the Circuit Court of Roanoke County, Virginia, shall publish a notice of such election in a newspaper of general circulation in the County once a week for three consecutive weeks prior to such election. 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. J On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, 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, MAY 22, 2001 RESOLUTION 052201-4 FOR APPROVAL OF COUNTY -STATE AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT IMPROVEMENTS TO PLEASANT HILL DRIVE (ROUTE 1548) AND BRAMBLETON AVENUE (ROUTE 221) RELATING TO THE NEW HIDDEN VALLEY HIGH SCHOOL WHEREAS, Title 33.1 of the Code of Virginia provides for the availability of state funding to construct improvements to public streets to enhance and promote access to public schools and to promote public health, safety and welfare along public streets; and WHEREAS, on November 23, 1999, the Board of Supervisors of Roanoke County approved a list of projects for FY 2000-2001 VDOT Revenue Sharing Program, and one of the approved projects was for the Pleasant Hill Drive and Brambleton Avenue Roanoke improvements to serve the new Hidden Valley High School; and and WHEREAS, the Commonwealth Transportation Board has approved this project; WHEREAS, the Virginia Department of Transportation (VDOT) has estimated the cost of this road construction to be $796,000.00, which includes the road realignment, signalization, and relocation of utilities; and WHEREAS, the School Board of Roanoke County has requested the assistance of the Board of Supervisors to expedite this project by executing a County -State agreement with VDOT to construct the improvements to Pleasant Hill Drive and Brambleton Avenue for the new Hidden Valley High School; and 1 WHEREAS, the School Board of Roanoke County has negotiated an agreement with its contractor Counts & Dobyns to perform the construction of this project. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby authorizes the County Administrator or his designee to enter into a County -State agreement for the construction of certain road improvements to Pleasant Hill Drive (Route 1548) and Brambleton Avenue (Route 221) relating to the new Hidden Valley High School. And be it further resolved that the Roanoke County Board of Supervisors authorizes the County Administrator or his designee to enter into an agreement with the School Board of Roanoke County to be responsible for the administration of this project and to be responsible for the project costs associated with this project. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Virginia Department of Transportation E AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001, RESOLUTION 052201-5 APPROVING THE FISCAL YEAR 2001-2002 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearing as required thereon was held on May 8, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 2001-2002 for Roanoke County, Virginia, as follows: 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Nickens to approve the budget less $7,000 appropriated for additional three agencies listed in the County Administrator's Comments, with funds 1 allocated to Board Contingency Fund pending further discussion in work session, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Brent Robertson, Director, Budget Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney John M. Chambliss, Jr., Assistant Administrator Dan O'Donnell, Assistant Administrator 00, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 ORDINANCE 052201-6 APPROPRIATING FUNDS FOR THE 2001-02 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on May 8, 2001 concerning the adoption of the annual budget for Roanoke County for fiscal year 2001-02; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 22, 2001, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 8, 2001, and the second reading of this ordinance was held on May 22, 2001, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2001, and ending June 30, 2002, for the functions and purposes indicated: 1 County of Roanoke Adopted FY 2001-2002 Budget May 22, 2001 Revenues: $ 98,162,402 Cafeteria General Fund: Capital 1,516,078 General Government $ 119,270,978 Comprehensive Services Regional Alternative School 2,057,700 E-911 Maintenance 3,243,063 1,083,500 Law Library Total School Fund 41,648 Recreation Fee Class $ 281,939,816 877,793 Internal Services 2,429,566 County Garage 266,063 Total General Fund $ 126,027,248 Debt Service Fund $ 909,442 Capital Projects Fund $ 5,169,515 Internal Service Fund - Risk Management $ 882,961 Water Fund $ 11,481,175 Beginning Balance 3,565,389 15,046,564 Sewer Fund $ 6,178,620 Beginning Balance 2,187,928 8,366,548 School Funds: Operating $ 98,162,402 Cafeteria 3,747,000 Capital 1,516,078 Debt 6,864,766 New School Start -Up 1,858,135 Regional Alternative School 308,234 Grant 3,243,063 Textbook 847,860 Total School Fund $ 116,547,538 Total All Funds $ 281,939,816 2 N-/ County of Roanoke Adopted FY 2001-2002 Budget May 22, 2001 Expenditures: General Government: General Administration Board of Supervisors $ 267,843 County Administrator 212,194 Community Relations 181,129 Asst. Co. Administrators 270,468 Human Resources 454,776 County Attorney 372,610 Economic Development 509,851 Total General Administration $ 2,268,871 Constitutional Officers Treasurer $ 676,007 Commonwealth Attomey 602,527 Victim/Witness 33,480 Commissioner of the Revenue 645,744 Clerk of the Circuit Court 777,655 Sheriffs Office 1,362,508 Care & Confinement of Prisoners 3,714,208 Total Constitutional Officers $ 7,812,129 Judicial Administration Circuit Court $ 157,068 General District Court 40,478 Magistrate 1,655 J & DR Court 13,429 Court Service Unit 597,885 Total Judicial Administration $ 810,515 Management Services Real Estate Assessments $ 786,145 Financial Planning 979,426 Public Transportation 105,200 Management and Budget 146,192 Procurement Services 355,330 Total Management Services $ 2,372,293 3 County of Roanoke. Adopted FY 2001-2002 Budget May 22, 2001 Public Safety Police Fire and Rescue Total Public Safety Community Services General Services Solid Waste Community Development Building Maintenance Total Community Services Human Services Grounds Maintenance Parks and Recreation Public Health Social Services Contributions -Human Service, Cultural, Tourism Library VPI Extension Elections Total Human Services Non -Departmental Employee Benefits Miscellaneous Internal Service Charges Total Non -Departmental .19 $ 7,476,406 6,796,673 $ 14,273,079 $ 344,325 4,047,170 3,070,356 1,495,796 $ 8,957,647 $ 1,551,283 2,026,164 475,908 4,851,923 368,512 1,987,231 89,456 235,725 $ 11,586,202 $ 2,039,647 821,000 2,154,575 $ 5,015,222 M . County of Roanoke Adopted FY 2001-2002 Budget May 22, 2001 Transfers to Other Funds Transfer to Debt - General & Schools Transfer to Capital Transfer to Schools Transfer to Schools - Future Operations Transfer to Schools - Dental Insurance Transfer to Internal Services Transfer to Comprehensive Services Transfer to County Garage Total Transfers to Other Funds Unappropriated Balance Board Contingency Total General Government Comprehensive Services E-911 Maintenance Law Library Recreation Fee Class Internal Services Management Information Systems Communications County Garage Total Internal Services Total General Fund 5 $ 7,075,628 3,311,380 51,963,752 1,500,000 347,299 882,961 879,000 115,000 $ 66,075,020 100,000 $ 119,270,978 $ 2,057,700 $ 1,083,500 $ 41,648 $ 877,793 $ 1,865,428 564,138 $ 266,063 $ 2,695,629 $ 126,027,248 N� County of Roanoke Adopted FY 2001-2002 Budget May 22, 2001 Debt Service Fund $ 9,899,442 Capital Projects Fund $ 5,169,515 Internal Services Fund - Risk Management $ 882,961 Water Fund $ 11,753,818 Unappropriated Balance 3,292,746 15,046,564 Sewer Fund $ 6,462,557 Unappropriated Balance 1;903,991 8,366,548 School Funds: Operating $ 98,162,402 Cafeteria 3,747,000 Capital 1,516,078 Debt 6,864,766 New School Start -Up 1,858,135 Regional Alternative School 308,234 Grant 3,243,063 Text Book 847,860 Total School Funds $ 116,547,538 Total All Funds $ 281,939,816 In addition to the above revenues and expenditures, the following beginning balance will be ZP appropriated to the Unappropriated Balance of the respective fund: General Fund $ 7,500,000 Capital Fund 700,000 D �i 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another within a fund. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2001, are re -appropriated to the 2001-02 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 2001, and appropriations in the 2001-02 budget. 5. That all school fund appropriations remaining at the end of the 2000-01 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 2001-02. 7 6. That all General Fund appropriations remaining unexpended at the end of the 2000-01 fiscal year not lapse but shall be re -appropriated as follows: a) 40% of these unexpended appropriations shall be transferred to the unappropriated Capital Fund Balance; b) 60% of these unexpended appropriations shall be re -appropriated to the same department for expenditure in fiscal year 2001-02 as provided by Resolution 042396-5. 7. Revenues collected for FY00-01 that exceed revenue appropriations for the year shall be re -appropriated for specific expenditures as follows: Paramedic/Firefighters - 15 $337,500 J&DR Court Repairs 300,000 New High School - Water/Sewer Connection Fees 225,000 Tourism 200,000 Fuel Costs 200,000 Patrol Vehicles (6) - New Officers 150,000 Detention Costs 260,000 CPMT 100,000 HP Computer Upgrade 100,000 Economic Development - Tanglewood Mall 75,000 Regional Partnership/Convention and Visitors Bureau 35,000 Blue Ridge Behavioral Health Care 38,423 E -Government 50,000 VA Western Comm. College - Site Preparation** 32,267 Total 2,103,190 ** 1/3 funding for 3 years (2nd Year) On motion of Supervisor Minnix to adopt ordinance removing the $7,000 recommended by the County Administrator for three agencies until they can be discussed in a later work session, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File W. Brent Robertson, Director, Budget Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Paul M. Mahoney, County Attorney John M. Chambliss, Jr., Assistant Administrator Dan O'Donnell, Assistant Administrator 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 ORDINANCE 052201-7 AUTHORIZING CONVEYANCE OF AN EASEMENT TO VERIZON-VIRGINIA, INC. FOR COMMUNICATIONS FACILITIES ON THE NORTHWESTERLY SIDE OF PETERS CREEK ROAD LOCATED NEAR THE SOUTHWESTERLY CORNER OF THE PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS COMMONLY KNOWN AS THE PUBLIC SAFETY CENTER (TAX MAP NO. 37.10-1-21.2) IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Verizon -Virginia, Inc. (Verizon) has requested an easement, increased in size from a pre-existing easement to a fourteen -foot (14') by thirty-foot (30') easement, for installation of new fiber optic fed equipment with buried conduit on property owned by the Roanoke County Board of Supervisors, located on the northwesterly side of Peters Creek Road and known as the Public Safety Center in the Catawba Magisterial District of the County of Roanoke, Virginia; and, WHEREAS, Verizon requires the easement in order to provide facilities relief in the Peters Creek Road area; and, WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 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 May 8, 2001; and a second reading was held on May 22, 2001. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Verizon -Virginia, Inc. for the provision of communications service. 1 3. That donation of an easement, in a rectangular shape of fourteen feet (14') by thirty feet (30'), for installation of new fiber optic fed equipment with buried conduit on the property known as the Public Safety Center (Tax Map No. 37.0-1-21.2), as shown on the Plat dated June 23, 2000, attached hereto as Exhibit A, to Verizon -Virginia, Inc., is hereby authorized and approved. 4. That the 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. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None cc: A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors File Anne Marie Green, Director, General Services Paul M. Mahoney, County Attorney oil OFA- ALn-lb- Ln W C) IRON PIN L EXHIBIT A IRON PIN z PROPERTY OF o ROANOKE COUNTY BOARD OF SUPERVISORS TAX PARCEL No. 37.10-1-21.2 m SHOWN AS NEW LOT 3, (3.723 ACS.) ON UNRECORDED PLAT PREPARED BY FRANK 8. CALDWELL III, C.L.S. DATED NOVEMBER 23, 1987. .a. w N Q O UTE POLE ON CONC. PAD 0 0 o -I EASEMENT BOUNDARY DATA L-1 N 46' 23' 16" E 30.0' L-2 N 43'36'44" W 14.0 L-3 S 46'23'16" W 30.0' L-4 S 43'36'44" E 14.0' NOTE: EXISTING 12' X 24' EASEMENT TO EE VACATE D.B. 1250, PG. 1574A iO3 c� �1 -1 193.82' (NO SCALE) - 1 PED N 46'23'16" E —��- C&P PCL_ E:Cs'. a' X 10' UP POLE 920 S.S.M.H. CONC PAD J3 1/2 REFERENCE: D.B. 1337, PG. 1345 DESCRIPTION OF NEIN LOTS 2 AND 3 GARY R. BINGHAM, C.L.S. PH/FAX (540) 776-7883 B-9 BAOO-03 PETERS CREEK ROAD VIRGINIA ROUTE No. 117 R/W VARIES PLAT FOR 8 tjCRTr'. ; 1 0 CONC. MON. VERIZON VIRGINIA, INC. SHOWING A 14 FT. X 30 FT. EASEMENT SITUATE ON THE NORTHERLY SIDE OF VIRGINIA PRIMARY ROUTE No. 117 (PETERS CREEK ROAD) LOCATED NEAR THE SOUTHWESTERLY CORNER OF THE PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS ROANOKE COUNTY, VIRGINIA SCALE: 1 " = 30' ,JUNE 2 3. 2000 EXHIBIT B Commencing at an iron pin on the northerly side of Peters Creek Road (Virginia Primary Route 117). Said iron pin being the common corner for the Melrose Baptist Church property and the property of the Roanoke County Board of Supervisors. Thence with said Peters Creek Road N 46'23' 16" E, 26.4 feet to the True Point of Beginning. Thence continuing with said road N 46'23'16" E, 30.0 feet to a point; thence leaving said road N 43'36'444" W, 14.0 feet to a point; thence S 46'23'16" W. 30.0 feet to a point; thence S 43'36'44" E, 14.0 feet to the Point Of Beginning. Being a 14 foot by 30 foot easement lying on and being near the Southwesterly corner of the sold property owned by the Roanoke County Board of Surpervisors as shown on plat prepared 'by Gary R. Bingham, C.L.S., dated June 23, 2000. Being . a portion of the property conveyed to the Roanoke County Board of Supervisors by deed recorded in Deed Book 1337, page 1345 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; dated October 15, 1990. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 RESOLUTION 052201-8 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 May 22, 2001, 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 11 inclusive, as follows: 1. Confirmation of committee appointments to the Parks and Recreation Advisory Commission and the Roanoke Valley -Alleghany Regional Commission. 2. Appropriation of state funds for Social Work Supervisor Position in the Department of Social Services and increase to the County's Classification Plan. 3. Donation of an easement from Martin L. and Yvonne G. Carle to the Board of Supervisors (Tax Map No. 37.05-01-13). 4. Donation of an easement from Judith Sweeney Irish, formerly known as Judith A Sweeney to the Board of Supervisors (Tax Map No. 37.05-01- 16). 5. Acceptance of a donation of a variable width water and sanitary sewer easement from Atlantic Financial Group Ltd. to the Board of Supervisors (Tax. Map. No. 77.13-5-49). 6. Resolution to complete the abandonment of a 0.12 mile section of Secondary Route 778 (Glenmary Drive). 7. Ratification of committee appointment to the Community Policy and Management Team (CPMT). 8. Resolution of appreciation upon the retirement of Walter L. Eanes, Sheriff's Office after more than nineteen years of service. 9. Request to expand the training opportunities for the Police Department. 10. Request for abandonment of Arthur Thurman Road (Route 1551). 11. Request from County citizen to establish a separate personal property tax classification for motor homes used for recreational purposes. 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, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Betty McCrary, Director, Social Services Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance George Simpson, Assistant Director, Community Development Arnold Covey, Director, Community Development Vickie L. Huffman, Senior Assistant County Attorney Gary Robertson, Director, Utility John M. Chambliss, Jr., Assistant Administrator James R. Lavinder, Chief of Police Gerald Holt, Sheriff Paul M. Mahoney, County Attorney Nancy Horn, Commissioner of Revenue 7 A -052201-8.a ACTION NO ITEM NUMBER I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 22, 2001 AGENDA ITEM: Confirmation of Committee Appointments to the Parks and Recreation Advisory Commission and the Roanoke Valley -Alleghany Regional Commission COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION 1. Parks and Recreation Advisory Commission At the May 8, 2001 meeting, Supervisor Johnson nominated David Thompson to represent the Hollins Magisterial District for another three-year term which will expire June 30, 2004 2. Roanoke Valley -Alleghany Regional Commission At the May 8, 2001 meeting, Supervisor McNamara nominated Supervisor Joseph "Butch" Church and Treasurer Alfred Anderson as elected representatives and Lee B. Eddy, as citizen representative to additional three-year terms which will expire June 30, 2004. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. Submitted by: Mary H. Allen CMC Clerk to the Board Approved by, 6v�� llecj�v_ Elmer C. Hodge County Administrator 1 ACTION Approved (x) Motion by: Harry C. Nickens to approve Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Parks and Recreation Advisory Committee Roanoke Valley -Alleghany Regional Commission 2 0 VOTE No Yes Abs Church _ x _ Johnson _ x _ McNamara_ x _ Minnix _ x _ Nickens — x A -052201-8.b ACTION NO. ITEM NUMBER 1:37— AT — AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 22, 2001 AGENDA ITEM: Appropriation of state funds for Social Work Supervisor Position in the Department of Social Services and increase to the County's Classification Plan COUNTY ADMINISTRATOR'S COMMENTS: /,fllrx� BACKGROUND: The Virginia Department of Social Services has set a recommendation of a 1:6 supervisor to staff ratio for the Social Work classification. The current ratio in the department is 1:9. In April 2001, two Title IV -E social worker grant positions were placed under the supervision of Social Services; in July 2001, the Comprehensive Services Office will be placed under the supervision of Social Services. The programs are directly related to current service provision by the Department. However, the supervisor to staff ratio will then increase to 1:10+. This increased ratio does not include an average of 4-6 Social Worker interns supervised by these same Social Work Supervisors each semester. SUMMARY OF INFORMATION: Service delivery and full time staff in the Social Services Department has increased in the last 5 years due to maximizing available Federal and State funding and seeking program grants. We have developed partnerships with 4 local colleges/universities to take interns to assist with the work demands. However, the supervision of this staff has not increased. This request is a follow-up to the 5/08/01 Board request to employ a full time Social Work Supervisor effective 7/01/01 and to increase the County Classification Plan by one full time position. The State Department of Social Services was contacted on 5/9/01 and we received notification on 5/11/01 the State would approve this new position request. The State will provide 80% funding required for this position. The remaining 20% will come from Title IV -E reimbursement, City of Salem share of administrative costs and the current Social Service budget. FISCAL IMPACT: Total cost, salary and benefits, to employ a Social Worker Supervisor is $56,000. The State Department of Social Services has approved this new position and will reimburse 80% of this total cost; the remaining 20% will be funded from Title IV -E reimbursement, City of Salem share of administrative cost and the current Social Service budget. STAFF RECOMMENDATION: Staff recommends appropriation of $44,800 revenue from the State (80% of total cost) to the Social Services 2001-2002 budget, and to increase the Classification Plan by one position to allow the employment of a Social Work Supervisor. Respectfully Submitted by Betty R. McCrary, Ph.D. Director, Dept. of Social Services Approved by: M Elmer C. Hodge County Administrator ACTION VOTE No Yes Approved (x) Motion by: Harry C. Nickens to approve Church _ x Denied () Johnson _ x Received () McNamara_ x Referred () Minnix _ x To () Nickens _ x cc: File Betty McCrary, Director, Social Services Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Joe Sgroi, Director, Human Resources Abs ROANOKE CO. DSS 540 387 6210 05/17 '01 12:52 N0.050 02/02 S, e'' Orban F (Lets System Administrator[letsedmin(gemaill.dss.state.va.us] sint�, !May 09, 20014:33 PM Td; 161-ROANOKE COUNTY - BETTY R MCCRARY WELBRMFF 161 (E-mail}, 161•RO COUNTY - STEPHEN I_ JORDAN WELSLJ151 (E-mail); CENTRAL OFF�Ct S1 - !CHARLES KNIGHTON WEL765CTK (E-mail); 'CENTRAL OFFICE STAFF SANDRA FOX'; ICENTF�AL OFFICE STAFF - SANDRA WILLIAMS' S rhj�acti: 'FW: 161 - New Position Notification i -0rigina.l Mes'sagd----- F1:o t: OrAcle Alert LETS Wednesday, May 09, 2001 8:21 PM TC!: leisadmin@dss.state.va.us S�bt!ect: 1.61 - New Position Notification i ,Ae 'fo�l.lowing pos:itiCn has been established e&ctive 01-JUL-2001. F��,sP�: 1.61, - AOANOK5 COUNTY 'Ption: 000;86 C1 &.4 Code: 0202000 - SOCIAL WORK SUPERVISOR D v !Code; 01 V r$!ian,: 0 ,Dt ration, P - Pe�m,an,ent P t:iritme: 100.00 M6n ' hs!: 12 :T14 Status: F - Full Time VA c iRely Code: N R v ;Late: Voicolte Date: 01-JULJ2001 Fe d6iral Pct: Sta.tle 'Pcto, 80 L6cail Pitt: 20 ' Nb��.ls S41djry Min: 325.55 s4airy Max: 481.90 I If yiou.have any questIions, please contact your team at central office. I i 1 A -052201-8.c ACTION NO. ITEM NO. _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 22, 2001 AGENDA ITEM: DONATION OF AN EASEMENT FROM MARTIN L. CARLE AND YVONNE G. CARLE (TAX MAP NO. 37.05-01-13) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE CATAWBA MAGISTERIAL DISTRICT. This consent agenda item involves conveyance of an easement to the Board of Supervisors in the Catawba Magisterial District of the County of Roanoke: A perpetual RIGHT and EASEMENT, approximately 0.02 acres in area, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed, dated May 25, 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1120, page 785, and designated on the Roanoke County Land Records as Tax Map No. 37.05-01-13 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). The County's engineering staff has reviewed and approved the location and dimensions of this easement. Staff recommends acceptance of this easement. .: SUBMITTED BY: APPROVED BY: George %. Simpson, III, P.E., Assistant Director Department of Community Development Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION A- -i q4� 2 Elmer C. Hodge County Administrator Motion by: Harry C. Nickens to approve VOTE No Yes Abs Church _ x Johnson _ x _ McNamara_ x _ Minnix _ x _ Nickens _ x _ cc: File George Simpson, Assistant Director, Community Development Arnold Covey, Director, Community Development 2 3=3 Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to § 58.1-811A(3), Code of Virginia. Prepared by Martin, Hopkins & Lemon P. 0. Box 13366 Roanoke, Virginia 24033 Tax Map No.: 37.05-01-13 Property Owners: Martin L. and Yvonne G. Carle THIS DEED OF EASEMENT, made this 3RD day of May , 2001, by and between MARTIN L. CARLE AND YVONNE G. CARLE, husband and wife ("Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ("Grantee"). : W I T N E S S E T H That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Deed of Easement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement, to -wit: A perpetual RIGHT and EASEMENT, approximately 0.02 acres in area, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated May 25, 1979 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1120, page 785, and designated on the Roanoke County Land Records as Tax Map No. 37.05-01-13 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit All and by this reference made a part hereof (the "Plat"). Mal -tin, Hopkins & 1 Lemon, P.C. 3 Martin, Hopkins & Lemon, P.0 The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property of the Grantee. The easement 2 MFi 4 herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of 4011 WITNESS the following signatures and seals: TOR: (SEAL) MARTIN L. CARLE (SEAL) Y; NNE G. CARLE Martin, Hopkins & 3 Lemon, P.C. STATE OF COUNTY/C--1-'FY OF to -wit. The foregoing instrument was acknowledged before me this day of C--.. r 2001 by Martin L. Carle. � f . C Ali: S +. _ekl Notary Pu lic /` My commission expires: STATE OF COUNTY/CI to -wit: The foregoing instrument was acknowledged before me this day of2001 by Yvonne G. Carle. No ary Publ is My commission expires: Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA �d�( /�• By: (SEAL) Martin, Hopkins & Lemon, P.C. Elmer C. Hodge STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of , 2001, by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: [[Martin, I) Hopkins & 4 Lemon, P.C. METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT C FAN ACCURATE BOUNDARY SURVEY NE LIN A-] B -C C-1 D -E F (71-mber Ridge Section No. 1) PROPERTY OF Dong Zhon H. & Xu Y Lin Lakes lVcti' Lakes Section No. It) PROPERTY OF a Yvonne �� I � 14407f Carle PROPERTY OF Koren R. & Curtis 0. CO/O fl No. 7,05-01-13 DATE; 11-13-00 SCALE: ___!"Z- 4 0 TAX MAP _ _L — PLAT SHOWING NEW DRAINAGE EASEMENT 0% 14 BEING CONVEYED TO ROANOKE COUNTY ,4 BY MARTIN L, & YVONNE G. CARLE PREPARED BY.• ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT A-052201-8 . d ACTION NO. ITEM NO. J_ Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 22, 2001 AGENDA ITEM: DONATION OF AN EASEMENT FROM JUDITH SWEENEY IRISH FORMERLY KNOWN OF RECORD AS JUDITH A. SWEENEY (TAX MAP NO. 37.05-01-16) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE CATAWBA MAGISTERIAL DISTRICT. COUNTY ADMINISTRATOR'S COMMENTS: u This consent agenda item involves conveyance of an easement to the Board of Supervisors in the Catawba Magisterial District of the County of Roanoke: A perpetual RIGHT and EASEMENT, approximately 15 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed, dated July 7, 1982, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1184, page 1403, and designated on the Roanoke County Land Records as Tax Map No. 37.05-01-16 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). The County's engineering staff has reviewed -and approved the location and dimensions of this easement. Staff recommends acceptance of this easement. SUBMITTED BY: 'hv��Zll Z. George . Simpson, Ill, P.E., Assistant Director Department of Community Development Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION APPROVED BY: e,4� 4;� - Elmer C. Hodge County Administrator Motion by: Harry C. Nickens to approve VOTE No Yes Abs Church _ x Johnson _ x _ McNamara_ x Minnix _ x _ Nickens x cc: File George Simpson, Assistant Director, Community Development Arnold Covey, Director, Community Development 2 Martin, Hopkins & Lemon, P.C. S� Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to § 58.1-811A(3), Code of Virginia. Prepared by Martin, Hopkins & Lemon P. 0. Box 13366 Roanoke, Virginia 24033 Tax Map No.: 37.05-01-16 Property Owners: Judith Sweeney Irish, formerly known of record as Judith A. Sweeney THIS DEED OF EASEMENT, made this day of &-/ -' 2001, by and between JUDITH SWEENEY IRISH, formerly known of record as JUDITH A. SWEENEY (Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ("Grantee"). : W I T N E S S E T H: That for and in consideration of the sum of One Dollar ($1.00) , paid in hand at and with the execution and delivery of this Deed of Easement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement, to -wit: A perpetual RIGHT and EASEMENT, approximately 15 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated July 7, 1982 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in 1 Martin, Hopkins & Lemon, P.C. Deed Book 1184, page 1403, and designated on the Roanoke County Land Records as Tax Map No. 37.05-01- 16 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit All and by this reference made a part hereof (the "Plat"). The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The 2 �T_q fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for herself, and for her heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. Grantor named herein is one and the same person as Judith A. Sweeney, the grantee named in a prior deed dated July 7, 1982 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1184, page 1403. To have and to hold unto the Grantee, its successors and assigns forever. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance No. Martin, �) Hopkins & 3 Lemon, P.C. adopted by the Board of Supervisors of Roanoke County, Virginia, on the 3 day of Cts j , cx-� , � WITNESS the following signatures and seals: GRANTOR: ✓b _ EAL ) �4ftniTH SWEENEY IRIS , formerly known V f record as Judith A. Sweeney Martin, Hopkins & 4 Lemon, P.C. S OF i/ rt r to-wit: OUNTY"/CITY OF /J he foregoing instrument was acknowledged before me this day of 't l,% 2001 by Judith Sweeney Irish, formerly4known/of ecord/a�s Judith A. Sweeney. My commission expires: Approved as to form: Ncj (r� Public BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA __.., �.. By: (SEAL) Martin, Hopkins & Lemon, P.C. Elmer C. Hodge STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of , 2001, by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Martin, II Hopkins & c, Lemon, P.C. METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. v TAX MAP N0. __- 37 05-01-16 DATE; 12-11-00 SCALE: __ 1"=40 II PLAT SHOWING NEW DRAINAGE EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY JUDITH A. SWEENEY PREPARED BY.• ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT A -052201-8.e ACTION NO. ITEM NO. __ 15 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 22, 2001 AGENDA ITEM: ACCEPTANCE OF DONATION OF A VARIABLE WIDTH WATER AND SANITARY SEWER EASEMENT FROM ATLANTIC FINANCIAL GROUP, LTD. (TAX MAP NO. 77.13-5-49) TO THE BOARD OF SUPERVISORS, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following easement for water and sanitary sewer purposes in connection with Ruby Tuesday's in the Springwood Development on Va. Secondary Route 419 (Electric Road) in the Cave Spring Magisterial District conveyed to the Board of Supervisors of Roanoke County, Virginia: a) Donation of a water and sanitary sewer easement, of variable width, from Atlantic Financial Group, Ltd. (Deed Book 1680, page 24; Tax Map No. 77.13-5-49), as shown on a plat prepared by The RBA Group, Engineers - Architects -Planners, dated April 11, 2001, a copy of which is attached hereto as Exhibit A. The location and dimensions of this easement have been reviewed and approved by the County's engineering and utility staff. STAFF RECOMMENDATION: Staff recommends acceptance of the donation of this easement. Respectfully submitted, Vic ie L. Huffman Sr. Assistant County ttorney •--------------------------------- ACTION Approved (x) Motion by: Harry C. Nickens to approve Denied ( ) Received ( ) Referred ( ) To 1 cc: File Vickie L. Huffman, Senior Assistant County Attorney Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Lem ------------------------- VOTE No Yes Abs Church _ x _ Johnson _ x _ McNamara_ x _ Minnix _ x _ Nickens x SPRINGWOOD ASSOCIATES, L.I.C. 3v TM # 77.13-5-48 % 6Z % S ate. j flg� E VICINITY MAP b P. B. 23 PG. 179 1 30 TRACT 'C' NofN AREA= 1.033 ACRES 1 hlb PUBLIC HATER AND I, SANITARY SERER EASEMENT 1 P. 0, B. VARIABLE Wl)i4 ACCESS EASEMENT (D.B. 1217 PG. 1564) -. S �QD3•f4' 1'T1?GII4 Ro UTE .119 PUBLIC {EATER AND SANITARY SEH AREA= 7359.5 SG 0.169 AC] f A'ASLARNT AREA cjztN i3 Tlf STEVEN R. WIEHE p. a No. 15W l Z VAR ./•� iii. J f 0 ,Z u INCRES /tGRESSEPRI ATE M� (ELECTRIC R041) ) STEVEN R. W1EHE DATE PUBLIC HATER AND SANITARY SEVER EASEMENT BLOCK 5 TRACT C TAX MAP 77.13-5-49 SPRINCH'OOD DEVELOPMENT PLAT REF. No. P.B. 23 PC. 179 CAVE SPRINC MACISTERIAL DISTRICT CITY OF ROANOAE, VIRGINIA SCALA: f' - 60' DATZ: of-if-Ot The 00 f&aN' &?FS •ARCH/IECIS •PLANNERS •�• �I6f cixuA�A calFwAf��rc� sunt'las cal*®,4 A/ARn"'o 11GY6 Par C\YBaa\P\Z8ft"SAR•.DTC 6fIOj.Tu--0966 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 22ND DAY OF MAY, 2001, ADOPTED THE FOLLOWING: RESOLUTION 052201-8.f TO COMPLETE THE ABANDONMENT OF 0.12 MILE SECTION OF SECONDARY ROUTE 778, GLENMARY DRIVE WHEREAS, a public notice was posted as prescribed under §33.1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of road described below from the secondary system of state highways, and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section of road, and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 778, from the new cul-de-sac to end of state maintenance sign, a distance of 0.12 miles, and hereby deems that section of road is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to §33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: / Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Virginia Department of Transportation A-052201-8.9 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: May 22, 2001 AGENDA ITEM: Ratification of appointment To the Community Policy and Management Team (CPMT) COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Community Policy and Management Team (CPMT) is composed of 11 members including heads of several agencies, representatives from direct service providers, and direct service providers, and parent advocates. The term of one of the parent advocates, Rita Gliniecki, expires on June 30, 2001 and the CPMT has voted to request the Board of Supervisors to re -appoint her for another three year term as provided in our by-laws. Rita has served our team well with her knowledge of the mental health system and currently serves as Chair. The CPMT respectfully requests that you ratify her appointment at your May 22, 2001 meeting. FISCAL IMPACT: None. RECOMMENDATIONS: Staff respectfully requests that Rita Gliniecki be reappointed to the CPMT for a three year term beginning July 1, 2001 and expiring June 30, 2004. Respectfully submitted, ohn M. Chambliss, Jr. Assistant County Administrator Approved by, Elmer C. Hodge County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Harry C. Nickens to approve cc: File Community Policy and Management Team John M. Chambliss, Jr., Assistant Administrator w VOTE No Yes Abs Church _ x _ Johnson _ x _ McNamara_ x _ Minnix _ x _ Nickens x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 RESOLUTION 052201-8.h EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF WALTER L. EANES, SHERIFF'S OFFICE, AFTER MORE THAN NINETEEN YEARS OF SERVICE WHEREAS, Walter L. Eanes was first employed by Roanoke County on March 8, 1982, as a Deputy Sheriff - Corrections; and also served as Corrections Officer (Care and Confinement) and Deputy Sheriff - Corrections Corporal (Care and Confinement); and WHEREAS, Sergeant Eanes retired from Roanoke County on May 1, 2001, as a Deputy Sheriff - Sergeant after more than nineteen years of service; and WHEREAS, Sergeant Eanes was the first Commander of the Color Guard which was organized by members of the Sheriff's Office in 1993 and remained the Commander until his retirement in 2001; and his participation in the Color Guard provided a great service to the community; and WHEREAS, Sergeant Eanes participated in the Special Olympics for many years as the Sheriff's Office representative; and served as a strong example and role model for the other deputies in the Sheriff's Office; and WHEREAS, Sergeant Eanes, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke 1 County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to WALTER L. EANES for more than nineteen years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None cc A COPY TESTE: Mary H. Allen, CMC File Clerk to the Board of Supervisors Resolutions of Appreciation File Sheriff Gerald Holt Joe Sgroi, Director, Human Resources E A -052201-8.i 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: May 22, 2001 AGENDA ITEM: Request to Expand the Training Opportunities for the Police Department COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The County Police Department and County Sheriff's Office have contracted with the Cardinal Criminal Justice Academy (Cardinal Academy) since 1988 to provide most of the basic training and in-service training for the officers and personnel of these Departments. Other member agencies of the Cardinal Academy are from agencies in localities of the Roanoke and New River Valley areas. Based on revisions to their charter in 1997 to add other members, Cardinal Academy has a separate contract with our Police Department and our Sheriff's Office. One of the requirements for the accreditation of our Police Department is that the person employed by the Police Department must be certified before they are allowed to work independently in the field. For local Sheriff's offices of this region, the Cardinal Academy has provided the required training in a satisfactory and timely basis. The City of Roanoke has it's own Police Academy (not a regional academy) and the Martinsville area operates the Piedmont Regional Criminal Justice Training Academy as a separate regional academy. In addition to the Cardinal Academy, the Roanoke County Police Department has trained officers at both of these facilities as well so that we could place the officers in service on a timely basis. In the 2000 session of the General Assembly, VA. Code 15.2-1747 was amended concerning membership in said regional academies to require a two-thirds vote of the member agencies of a regional academy to add or withdraw membership and to limit the times for consideration of withdrawal from the membership to be once every five years. Pursuant to the new code section, "The board of directors shall consider requests to withdraw in October 2001, and in October of every fifth year thereafter. No requests to withdraw shall be considered at any other time, unless agreed to unanimously. Any withdrawal approved by the board of directors shall be effective on June 30 of the following year." MW Section 3 of the contract with the Cardinal Criminal Justice Academy stipulates "The Academy and this charter (contract) shall exist in perpetuity, subject however, to dissolution under one of the following conditions:... B. On June 30 of any year, in the event the governing body of any participant desiring to withdraw shall have notified the Academy's Governing Council of its intent to withdraw, on or before the preceding October 1. The notice provided for herein shall be in writing." Section 6 B of the Cardinal Academy agreement further provides for the operating budget of the Academy stating "each participant agrees that for any year in which a participant receives services of the Academy, it shall appropriate to the Academy 100% of the net total costs minus federal or state grants which shall be determined by the percentage of law officers that the jurisdiction is authorized." The local cost for participation in the Cardinal Academy is $170 per person for 141 people. At this time, the Police Department needs to expand its base of opportunity by formalizing relationships with other training facilities without being bound to a five year commitment such as would be required with the Cardinal Academy. This will allow for more timely instruction, more specialized services, the opportunity to interact with other large agencies and will foster an enhanced regional effort. The Roanoke County Sheriff's Office would continue to be a part of the Cardinal Criminal Justice Academy for it's primary training needs. Written notice needs to be forwarded to the Cardinal Criminal Justice Academy advising of our intent to terminate our formal participation in the contract. For the upcoming fiscal year, we would continue to pay our share of the cost as provided in the contract. Thereafter, we would pay to the facility providing the training for the services rendered. It is suggested that the County Administrator be authorized to communicate this intent to the Academy and that staff be allowed to negotiate with Cardinal Academy, Roanoke Police Academy, and the Piedmont Academy to provide for our training needs. ALTERNATIVES: 1. Terminate the formal relationship between the Roanoke County Police Department and the Cardinal Criminal Justice Academy and allow the County Administrator and staff to secure the training using the other facilities as necessary. 2. Continue to participate in the Cardinal Criminal Justice Academy for the next five years monitoring the training efforts afforded to our department. 04, FISCAL IMPACT: None. The contribution for the FY 2001-02 would continue to the Cardinal Criminal Justice Academy as in the past. In the future, training by our staff (in kind match) or the purchase of training slots in other facilities would come from monies within the Police Department. RECOMMENDATIONS: Staff recommends alternative 1 authorizing the County Administrator to communicate our desire to terminate the formal relationship between the County Police Department and the Cardinal Criminal Justice Academy and authorizing staff to negotiate training opportunities with appropriate facilities to meet the training needs of the department. The relationship between the Roanoke County Sheriff's Office and the Cardinal Criminal Justice Academy would not change. Respectfully submitted, mes R. La ' er C/Chief of Police Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Approved by, 644--- Elmer C. Hodge County Administrator ------------ ACTION Motion by: Harry C. Nickens to approve James R. Lavinder, Chief of Police Gerald Holt, Sheriff John M. Chambliss, Jr., Assistant Administrator ------------------ VOTE No Yes Abs Church _ x Johnson _ x McNamara_ x Minnix _ x _ Nickens _ x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 RESOLUTION 052201-8.i APPROVING THE ABANDONMENT OF ARTHUR THURMAN ROAD FROM THE VIRGINIA SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, a public notice was posted as prescribed under §33.1-151, Code of Virginia, announcing a willingness to hold a public hearing to receive comments concerning abandoning the section of road described below from the secondary system of state highways, and WHEREAS, no party requested that a public hearing be held. WHEREAS, The Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section of road, and WHEREAS, The Virginia Department of Transportation has advised Roanoke County that the Department has no objection to the abandonment, and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 1551 from Pleasant Hill Drive to its western end, a distance of approximately 105 feet, and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to §33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES : Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTS: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, County Planner Virginia Department of Transportation I 29. Arthur Thurman Rd- Rt.1551 4919 32.1 4825 3 0� 8 N� N� 31. 4533 Lane 33 6� 53.86 16.7 4843 4803 4543,4 96 s8 16.1 35 53 4B40 0j°' 700 ��• 4544 1 q� 4914 ti 17. Qom' 'o 24 4928 62 26. �' 20 266 9 5005 266 6 ry AIe „� as? ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 19. NOTICE OF INTENT TO ABAIVDON ARTHUR THURMAN RD. Tax Map No. 86.08 Scale 1 "=100' 03-14-01 A -052201-8.k 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: May 22, 2001 AGENDA ITEM: Request from a County citizen to establish a separate personal property tax classification for motor homes used for recreational purposes. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In July 2000, the Governor signed legislation that would allow local governing bodies to tax motor homes used for recreational purposes at rates below the personal property tax rate. Mr. Bradley Foro, a Roanoke County resident, has written several letters and appeared before the Board of Supervisors requesting that Roanoke County take action on the state enabling legislation to reduce the tax rates on motor homes. In October 2000, County Attorney Paul Mahoney responded to Mr. Foro's request. Mr. Foro has again appeared before the Board and sent another letter requesting action by the Board. Attached are copies of Mr. Foro's letters and Mr. Mahoney's response to Supervisor McNamara. SUMMARY OF INFORMATION: The Commissioner of the Revenue's office has estimated that there are 311 motor homes in Roanoke County with total assessed value of $3,483,939. If the Board adopted this legislation, revenues would be reduced from $131,930 to $39,360, a revenue loss of $82,570. Motor homes do not qualify for the Governor's personal property tax reimbursement for vehicles. Additionally, this legislation is limited to motor homes only and does not include other camping trailers. Currently, both are used for recreational purposes and are taxed at the same rate which is a more equitable manner of taxing recreational vehicles. STAFF RECOMMENDATION: If the Board wishes to consider this legislation further, staff recommends scheduling a work session on July 10, 2001. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Elmer C. Hodge County Administrator ---------------------------------------------------------------------- ACTION VOTE No Yes Abs Motion by: Harry C. Nickens to approve Church _ x Johnson _ x _ McNamara_ x — Minnix _ x _ Nickens x cc: File Paul M. Mahoney, County Attorney Nancy Horn, Commissioner of Revenue OANp,�� � 2 rase PAUL M. MAHONEY COUNTYATTORNEY (540) 772-2007 AT (. Iaunfv Jr f 11aamalm OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE Mr. Joseph McNamara 2318 Brookfield Drive Roanoke, VA 24018 Dear Mr. McNamara: ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2089 October 23, 2000 JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTYATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY (540) 772-2071 Bradley R. Foro sent you a letter dated September 26, 2000, requesting that Roanoke County take action pursuant to Senate Bill 115 (which was adopted by the 2000 Session of the Virginia General Assembly and signed into law by Governor Gilmore). This legislation created a separate classification for personal property taxation for motor homes used for recreational purposes. Mr. Foro appears to be demanding that Roanoke County exercise its local option and grant this local tax break to him and other similarly situated individuals. Senate Bill I15 created a separate classification of personal property for motor homes used for recreational purposes only. This legislation allows local governing bodies to tax motor homes at rates below the rate applicable to the locality's general class of tangible personal property and at rates different from camping trailers. Under the previous law motor homes were classified and taxed at the same rate as camping trailers for personal property tax purposes. I have asked Mr. Compton to provide me with a fiscal impact on Roanoke County if it adopted this optional legislation. Mr. Compton advises me that there are 311 motor homes in Roanoke County that could be affected. by such action. The total assessed value of motor homes in Roanoke County is $3,483,939; and if the Board adopted this tax break local personal property tax revenues would drop from $121,93.0 to $39,360. In addition, I have requested Ms. Hyatt's comments on this proposal. It is her recommendation that the Board not adopt an ordinance that would substantially decrease County revenues. She also reminds me that such a change would require reprogramming by IT to create this new tax category; therefore, there could be some administrative costs to implementing such a change. In consideration, of the substantial fiscal impact and loss of local tax revenue as a result of implementing this proposal it is my understanding that the Board would not be interested in adopting a local ordinance as Mr. Foro requests. The County Attorney's office will prepare an appropriate ordinance to implement this change if so directed by a member of the Board of Supervisors. PMM/spb cc: Board Reading File Elmer C. Hodge U:\WPDOCS\LEGIS\2000\foro.sb 115.1tr.wpd PW truly yours, WW) .TA Paul M. Mahoney County Attorney ®Recycled Paper 8235 Poor Mountain Road Bent Mountain, VA 24059 3 May 2001 Mr. Elmer C. Hodge Roanoke County Administrator 5204 Bernard Drive Roanoke, VA 24018-0798 Dear Mr. Hodge: This letter is a followup to my appearance at the last Board of Supervisors Meeting. Again I ask your assistance in reducing the excessive property tax on motor homes in Roanoke County, As I pointed out in my letter to the Board of Supervisors in March 2001 the taxes I pay on my motor home is 4 times what I would pay for taxes on a comparable home of the same value. I am sending a copy of the letter I presented to the Board on 13 March for your information. In addition, I am sending a copy of my current personal property tax bills for your information as well as a small portion of the information I have written down from talking to other campers from out of state and also within several counties in Virginia. I hope this will give you enough information to recommend reducing the property tax on motor homes to the real estate rate of 1.12 per $100 of assessed valuation in Roanoke County, If I can be of further assistance in your evaluation and recommendation to the Board of Supervisors please don't hesitate to call me at 949-4982. Sincerely, Bradley Faro Dear Mr. Hodge The following is typical of how other states handle taxes on motorhomes. It's no wonder so many people try to dodge the heavy taxes by buying them out of state or through dummy corporations. I believe Virginia should take a good look at this and come up with a lower tax on these vehicles. State Personal Property Tax Yes No Remarks Florida X License fee only - $40.00 annually Ohio X License fee only - $52.80 per year Kansas X $250 per year, includes tag and tax Wisconsin X License fee only Pennsylvania X License fee only Tennessee X License fee only Oklahoma X License fee only Vermont X License fee only - $30.00 Missouri X License fee only Virginia X Varies in each county - $3.50 per $100 of assessed value in Roanoke County Minnesota X License only - $200 declining New Jersey X License fee only - $65.00 This is a random sampling from campers with out of state tags on their vehicles. Dear Mr. Hodge; The following is a listing of Virginia Counties and their rates of assessment on personal property including motorhomes. COUPU Taxes before SB 115 After SB 115 Rockingham 2.80 per $100 1.40 per $100 Campbell 3.25 per $100 Reevaluating Pulaski 1.50 per $100 Raised to 2.00 Grayson 1.00 per $100 Raised to 1.25 Patrick 1.26 per $100 Raised to 1.36 Wythe 1.00 per $100 Raised to 2.27 Roanoke 3.50 per $100 Reevaluating This is only a small sampling of surrounding counties. I have heard that there are other counties that are in the process of reevaluating the motor home tax but I have not been able to verify that at the present time. I must note that the counties that raised the taxes have received notification by the state that the state will not cut the car tax for the amount of the locality's increase. As you can see though the increases by these particular counties is still far less than Roanoke County. Roanoke County is far out of step from our surrounding neighbors. March 2001 To: Roanoke County Board of Supervisors From: Bradley R. Foro, 8235 Poor Mountain Road, Bent Mountain, VA 24059 Subj: Personal Property Tax Rate on Motor Homes Problem: Personal Property Tax on motor homes and recreational vehicles in Roanoke County is excessive (3.5%) Discussion: • Virginia legislature enacted SB 115 creating 29 separate items of property that were each to be declared a separate class of property and constitute a classification for local taxation separate from other classifications of tangible personal property. It was signed 4 April 2000 by the Governor to be effective I July 2000. I have talked to Mr. Paul Mahoney, Mr. Wayne Compton, and written letters to Mr. Joseph McNamara regarding implementation of SB 115 and have been informed that Roanoke County is under no obligation to adopt this bill. Instead of acting on this bill, each indicated, "You are invited to present your case to the County Board of Supervisors Budget Meetings to be conducted in the spring of 2001 and try to convince them to change the local tax ordinance." I am here to present evidence of excessive taxation of a minority of county residents. • Mr. Wayne Compton states there are 311 recreational vehicles in Roanoke County generating $129,000 in personal property taxes. If all vehicles were equal, each would be paying $414.79 in personal property taxes. I paid $1,437.33, which is over 3 times (more than 1.12%) the taxes I should have paid in this category. That is excessive. • My assessment and taxes for 2000: Item Assessed Tax Home $164,900 $1,863.38 Motor home $ 44,500 $1,437.33 Automobile (SUV) $ 18,400 $ 381.50 Va. 3% title tax and $1,572.50 Dealer Bus. Lic. Tax $ 94.78 (Motor home Purchase) • The following facts can be figured from the items stated above: - My home is worth 2.55 times the value of my personal property. - My motor home and car is 39% of the value of my home but the taxes are essentially equal to taxes on my home. M Other facts to consider in the determination of excessive taxation of motor homes: - My home is used every day of the year except during vacations. - My motor home was used 21 days in the year 2000. - For income tax purposes a motor home is considered a 2nd home and the mortgage loan interest is tax deductible. Logically, a motor home should be taxed at the same 1.13% rate as my home, mobile homes, and double wides. - The assessed value of my home increased from $88,000 in 1990 to $169,800 in 2001. My real estate taxes have doubled as well. The only tax benefit I receive from this increase is garbage collection. - The county eliminated our Bent Mountain emergency services personnel. I have personally observed a 20 minute increase in the response time for emergency calls. Increasing taxes should bring increased services instead of reductions. - A slight decrease in revenues from motor homes (assessments of 1.13% versus 3.5%) can be more than compensated for from the tax base as a whole. Alternatives: 1. Do nothing. This maintains a 3.5% tax rate on motor homes and penalizes a minority of county residents with an excessive tax. It also does not address SB 115 that calls for declaring motor homes as a class of property for local taxation purposes separate from other classi- fications of tangible personal property. 2. Set the tax rate on motor homes at the real estate rate (1.13%). 3. Set the tax rate on motor homes at a rate somewhere between 3.5% and 1.13%. Recommendation: Adopt Alternative 2. This would create a tax rate that is fair for motor home owners. It would comply with the intent of SB 115 by creating a separate class of property. Motor homes are not the same as personal use vehicles. There is no accommodation for them at the workplace, shopping malls, and other places where automobiles are used. Considering the occasional use a motor home receives going to and from campgrounds versus the time it is typically parked or stored, the personal property taxes paid are disproportionate and unfair. Any tax that is found to be unfair, unjust, or excessive should be reevaluated. If it is found to be excessive (which I believe I have satisfactorily detailed), it should be reduced and made just. Lost revenue can be made up from the tax base as a whole. I ask that Roanoke County reevaluate the tax on motor homes and grant sufficient relief to make it a fair and just tax. Thank you for your time and consideration, f ►�w MU (LAO jz Mx LLy`} W io a J Ir Q i Z O UW) ix aW ae a a I a {� a 1 Q J U w g Z O 3 W te J Zo o zU.' O z w f Z n p O U 0 00 N cc W W U- W o* 0 to o X M M j Ch O M W jJ � K X K Q *1 4 G) r M I Q I 0 ul i 5)' i C, I orO1 I Q � o —01 o' W �% I Nh ONI •-Ia (U MJ': ♦"'r, N'=. " y l , OD (U (p X'o . o: acs; �CL .. 8 Q n (u ". I N I LU to oo Li H atal tiai Wl ~�I .D ,ZI i z .r ZI o i� ODi _QD I �ChI Uh I "7N- QODaf-I CDt� l NM N <; om i ul CD, >¢IAcu (n W En 0 U Z +a O oolu Lin N M rt--tl, vn 1HUMuN .,,�11.1f141VN').t(1<x 1,11 0 WLL ui IL co N O 0 0 �•- Q 0 3 Nx (U O O o+ ' = w m — 7 Q4c}J-i O J W E>MyLL Ln cc w Z p Z r JI'Lon Olu an J Q Q 2 Z�am W > Lj UJ UJ f' O C. .- X Y ¢¢Z¢ Q 00 O► r U ¢ W O O QZ m M o p M �w Q LM M ( a w ' 4 [l z U1 U N A c' CA: p a W Z U ej Ln o • OQ> LU ixZ O LL f= a wo" g o QOC, O cn U. U z --O(nF- LL i tnixm z w NONW LM4.ODM J Z cc a I -<u o �i 0 Q' N 0 %Dw %DU IWF- 'tZ MXa f - r W CL O cc IL a Z O N a W CL Do z O Q u J 0. a J Q U LU a a z C7 cc w O C',O L_ U. r O LL d Y Z O o a N c N N ---- O LA Ma N N rN1 pry i .- �p I �- CD 10 LU � z I o OI i �N i O►1 M MILA I� " olaN c+u,�o Ir LA Ia Nl; w� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY MAY 22, 2001 RESOLUTION 052201-9 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 Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Closed Meeting File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 22, 2001 ORDINANCE 052201-10 TO CHANGE THE ZONING CLASSIFICATION OF A 1.5 -ACRE TRACT OF REAL ESTATE LOCATED AT THE SOUTHWEST CORNER OF ROSECREST ROAD AND ROUTE 221 (TAX MAP NOS. 86.12-3-14, 86.12-3-15, 86.12-3-16, AND A PORTION OF 86.12-3-13) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2 (CONDITIONAL) TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF STEPHEN D. FREEMAN AND MARIE FREEMAN WHEREAS, the first reading of this ordinance was held on April 24, 2001, and the second reading and public hearing were held May 22, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 1, 2001; 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 1.5 acres, as described herein, and located at the southwest corner of Rosecrest Road and Route 221 (Tax Map Numbers 86.12-3-14,86.12-3-15,86.12-3-16, and a portion of 86.12- 3-13) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District with conditions, to the zoning classification of C-1, Office District for professional office use. 2. That this action is taken upon the application of Stephen D. Freeman and Marie Freeman, 3. That said real estate is more fully described as follows: 1 BEGINNING at a point on the westerly side of Brambleton Avenue (Route 221) at its intersection with the northerly side of Ryan Lane; thence S. 65 deg. 55' 23" W. 7.28 feet; thence N. 61 deg. 42'37" W. 110.56 feet; thence N. 67 deg. 37' 35" W. 92.70 feet to a point on the easterly side of Bill and Kathleen Sizemore (Tax Map No. 86.12-3-18); thence N. 22 deg. 01' 17" E. 316.80 feet to a point; thence N. 83 deg. 39' 17" E. 102.10 feet to a point; thence S. 22 deg. 04' 17" W. 93.05 feet to a point; thence S. 68 deg. 11' 15" E. 130.38 feet to a point on the westerly right-of-way of Brambleton Avenue; thence with the same S. 24 deg. 34'31 " W. 475 feet to the point and place of beginning and containing 1.5 acres, more or less. 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTS: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney W, r-- Applicants Name: Stehen D. sand ROANOKE COUNTY Marie Freeman DEPARTMENT OF Zoning: .Rezoning to C-1 (0.ffice Use) COMMUNITY DEVELOPMENT Tax Map No. 86. i2-3-14,15, f 6 & a portion of 1.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 ORDINANCE 052201-11 GRANTING A SPECIAL USE PERMIT TO MICHAEL A. ANDERSON TO DEVELOP A NON -CONFORMING LOT OF RECORD WITH NO STREET FRONTAGE TO BE LOCATED IN THE 5100 BLOCK OF STARKEY LANE (TAX MAP NOS. 87.11-3-19, 87.11-3-20, 87.11-3-11 ), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Michael A. Anderson has filed a petition for a special use permit to develop a non -conforming lot of record with no street frontage located in the 5100 block of Starkey Lane (Tax Map Nos. 87.11-3-19, 87.11-3-20, 87.11-3-11) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 1, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 24, 2001; the second reading and public hearing on this matter was held on May 22, 2001. 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 Michael A. Anderson to develop a non -conforming lot of record with no street frontage located in the 5100 block of Starkey Lane (Tax Map No. 87.11-3-19, 87.11-3-20, 87.11-3-11) in the Cave Spring 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 conditions: a. The grinding of stumps, brush and other types of wood products or materials shall not be allowed on the property. b. That there shall be no more than five tractor -trailer truck loads of mulch on the property at any one time. 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 Minnix to adopt the ordinance with two conditions added, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney r) 5047-A ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEYELOPMENT 5275 34. z ??8.7 120.36 365.91 36. Cemere�r N S/ote Hi// 9gofisf Cf, M Applicants name: Michael A. Anderson Zoning: Special Use To Proposed Zoning I-2 Tax Map No. 87.f1-3-99,20,&91 ti r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 ORDINANCE 052201-12 GRANTING A SPECIAL USE PERMIT TO NEXTEL PARTNERS, INC. FOR AN EXTENSION ON TOWER HEIGHT LOCATED AT 880 BRUSHY RIDGE ROAD (TAX MAP NO. 45.01-1-71), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Nextel Partners, Inc. has filed a petition for a special use permit for an extension on tower height located at 880 Brushy Ridge Road (Tax Map No. 45.01-1-71) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 1, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 24, 2001; the second reading and public hearing on this matter was held on May 22, 2001. 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 Nextel Partners, Inc. for an extension on tower height located at 880 Brush Ridge Road (Tax Map No. 45.01-1-71) 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 conditions: (1) The height of the proposed tower, shall not exceed 120 feet above existing grade. A monopole type structure shall be constructed. The structure shall have a structural capacity to be increased in height to 160 feet, however, the tower shall not be increased in height above 120 feet unless the increase is required to accommodate co - location of equipment for another vendor/provider, and any increase in tower height above 120 feet shall be subject to an additional special use permit application. (2) The tower structure and all attached hardware shall be a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. (3) No lighting shall be installed on the tower structure or equipment building. (4) This tower shall be structurally designed to carry sufficient loading and the site shall be developed to accommodate the additional buildings necessary to accommodate co -locating of communications equipment of at least two other vendors/providers, in addition to the number of vendors/providers currently present, in addition to the City of Salem and CFW. In addition, by executing the Special Use Permit, the applicant and owner of the land agree to make the tower and tower site available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. (5) 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. (6) As a part of construction, all unused structures, poles and antennas on the property shall be removed and 8 foot security fencing shall surround the compound. 2 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, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney K3 ROANOKE COUNT' DEPARTMENT OF COMMUNITY DEVELOPMENT Applicants name: Nextel Partners Inc. Zoning: Special Use Proposed Zoning: Same Tax Map No. 45.0f-1-71 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 ORDINANCE 052201-13 ENACTING ARTICLE VI. FEE FOR SERVICES OF CHAPTER 2 ADMINISTRATION OF THE ROANOKE COUNTY CODE, TO REQUIRE A PERMIT TO OPERATE EMERGENCY MEDICAL SERVICES VEHICLES IN THE COUNTY, TO ESTABLISH REASONABLE CHARGES FOR PERMITTED ACTIVITIES AND MINIMUM STANDARDS FOR OPERATIONS, AND TO PROVIDE FOR APPEALS FROM DENIALS, REVOCATIONS OR SUSPENSIONS OF PERMITS WHEREAS, the Roanoke County Departments of Fire and Rescue is committed to protecting the health and safety of all the citizens of Roanoke County by providing timely responses by its trained emergency services personnel to emergency situations; and WHEREAS, the County of Roanoke has embarked upon a program to hire fifteen additional trained fire and emergency services personnel to provide an acceptable level of response to calls for emergency services; and, WHEREAS, the cost of emergency transports by trained emergency services personnel is usually covered by most health insurance policies so that charging individuals for the cost of emergency transports to hospital emergency rooms or other appropriated locations for emergency care is an appropriate means of funding a part of the cost of Roanoke County's emergency services; and WHEREAS, Section 32.1-111.14 of the Code of Virginia empowers the Board of Supervisors of Roanoke County to enact an ordinance which establishes reasonable conditions for the provision of emergency services within the county, including granting of permits, limiting the number of emergency medical service vehicles to be operated in the county, establishing reasonable charges for providing emergency services, setting minimum limits of insurance coverage, and establishing such other regulations as are reasonably necessary and consistent with other laws and regulations for the operation of emergency medical service vehicles; and WHEREAS, the Board of Supervisors of Roanoke County makes findings of fact that, having previously established the goal of providing emergency medical services and advanced life support services within an acceptable level of response time to the county's population which would necessitate the hiring of not less than fifteen (15) additional trained emergency services personnel funded, in part, by the fees generated by this ordinance; and WHEREAS, the first reading of this ordinance was held on May 8, 2001; and after notice as required by law, the second reading and public hearing was held on May 22, 2001. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That ARTICLE VI. FEE FOR SERVICES of Chapter 2 ADMINISTRATION, be enacted as follows: ARTICLE VI. FEE FOR SERVICES Sec. 2-130. Definitions. As used in this chapter, the following words and phrases shall have the meanings as set forth in this section, unless the context clearly indicates a different meaning: Ambulance: The term "ambulance" shall mean any publicly or privately owned vehicle that is specially designed, constructed or modified and equipped for and is intended to be used for and is maintained or operated to provide immediate medical care to or transport of persons who are sick, injured, wounded or otherwise incapacitated or helpless. Emergency. The term "emergency" shall mean an unforseen condition or circumstance in which there is a need for immediate medical care in order to prevent loss of life or aggravation of illness or injury. Emergency medical services vehicle: The term "emergency medical services vehicle" shall mean an ambulance, rescue squad vehicle, fire truck or other government owned vehicle which may be used for or is maintained or K operated to provide immediate medical care to or transport of persons who are sick, injured, wounded or otherwise incapacitated or helpless. Patient: The term "patient" shall mean an individual who is sick, injured, wounded or otherwise incapacitated or helpless. Permit: The term "permit' shall mean a permit issued by the county administrator or his designee, authorizing the operation of an ambulance. Person: The term "person" shall mean an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind. Section 2-131. Charges for ambulance services. The Board of Supervisors may establish by resolution, upon recommendation of the County Administrator and the Chief of Fire and Rescue, reasonable fees for the provision of emergency medical services by all emergency medical service personnel, whether volunteers or paid public employees, and by all private ambulances operating under a permit issued pursuant to this article. Section 2-132. Permit required; exceptions. (a) No person shall operate or cause to be operated a private ambulance or emergency medical services vehicle from within the county to any other location within or outside the county, unless such person possesses a permit. (b) The Chief of Fire and Rescue, or his designee, is authorized to determine and prescribe the areas of service within which a permit holder may operated within the county so as to assure adequate coverage throughout the geographical area of the county. Further, the number of permits for ambulances or emergency medical service vehicles in the county may be limited to achieve the objectives of this article. (c) No permit shall be required for operation of a private ambulance or emergency medical services vehicle which is : 3 (1) Engaged in the transportation of a person from a point beyond the limits of the county to a location within the county; or (2) Engaged in the transportation of a person through the county. (d) No permit shall be required for operation of a private ambulance or emergency medical services vehicle when used to render assistance, at the request of the county, in the case of a major catastrophe or emergency with which the vehicles which have received a permit to operate in the county are insufficient or unable to cope. (e) The provisions of this Article shall not apply to any ambulance or emergency medical services vehicle owned and operated by the Town of Vinton, without their consent. Section 2-133. Volunteer rescue squads and governmental agencies. Volunteer rescue squads and the members thereof who are acting in such capacity and agencies of the County of Roanoke and their employees who are acting in any capacity of emergency services shall be subject to the provisions of this chapter. Section 2-134. Permit- Application. Any person who desires a permit shall file a sworn application with the Chief of Fire and Rescue, or his designee, on a form prepared and provided for that purpose. The application shall include evidence of compliance with the terms and provisions of this chapter and such other information as the Chief of Fire and Rescue, or his designee, shall require. Section 2-135. Same - Requirements. No person shall be issued a permit unless he: (1) Furnishes proof that he possesses a valid permit issued by the Commonwealth of Virginia to operate an ambulance or emergency medical service vehicle. (2) Files a schedule of rates to be charged for services rendered under the 0 permit which shall not be less than the charges authorized by Section 2-131, above. (3) Agrees in writing to comply with the terms and conditions of this chapter, other provisions of the Roanoke County Code, any reasonable rules and regulations developed by the County Administrator or his/her designee for the implementation of this article, and applicable state and federal laws and regulations. (4) Agrees in writing to provide mutual aide assistance, if available, in any emergency situation upon the request of the county. (5) Provides an appropriated certificate of insurance, or certificate of self- insurance where appropriate, indicating the following minimum coverages: motor vehicular liability insurance of one hundred thousand dollars ($ 100,000.00) per occurrence and three hundred thousand dollars ($ 300,000.00) aggregate and general liability insurance of one hundred thousand dollars ($100,000.00) per occurrence and three hundred thousand dollars ($ 300,000.00) aggregate. The certificate of insurance shall contain a clause obligating the company issuing the same to give fifteen (15) days notice in writing to the County Administrator and the County's Risk Manager before the cancellation of such policies. The County of Roanoke shall be named as an additional insured on such policies of insurance as its interests may appear. Section 2-136. Same - issuance or denial. (a) The Chief of Fire and Rescue, or his designee, upon consideration of the requirements set forth in this chapter, shall grant or deny the request for permit. The decision of the Chief of Fire and Rescue, or his designee, shall be in writing and he/she shall mail a copy thereof to the applicant at the address listed on his/her 5 application. (b) Any person who is denied a permit by the Chief of Fire and Rescue, or his designee, may appeal the same to the County Administrator, by written notice filed within thirty (30) calendar day of the date of the mailing of the Chief's/designee's decision'. The County Administrator, after such investigation and hearing as he/she may deem appropriated, may affirm, reverse or modify the prior decision, or may remand the matter for further investigation or action. (c) Any person who is denied a permit by final decision of the County Administrator may appeal the same to the Board of Supervisors by written notice filed with the Clerk of the Board within thirty (30) calendar days of mailing of the County Administrator's final decision. Upon proper filing of such appeal, after such notice and hearing as the Board of Supervisors may deem appropriate, the Board may affirm, reverse, or modify the County Administrator's decision, or may remand the matter for further investigation or action. Section 2-137. Duty to give notice of change of circumstances. The applicant for a permit or, if a permit has been granted, the holder of a permit shall immediately give notice in writing to the Chief of Fire and Rescue of any change in the information set forth in the application for permit, including, without limitation, any change in rates, insurance coverage, or the ownership of fifty (50%) percent or more of the common stock of the corporation which has applied for or has received the permit. Section 2-138. Current holders of certificates of public convenience and necessity. Any person who, on the effective date of this ordinance, holds a certificate of public convenience and necessity issued by the county or the Commonwealth of Virginia licensing the operation of an ambulance or vehicle for the transportation of handicapped persons may, for a period of sixty (60) calendar days after the effective date of this ordinance, continue to operate same within the County of Roanoke. Thereafter such person shall be C required to have a permit issued by the Chief of Fire and Rescue, or his designee. Section 2-139. Suspension or revocation of permit. (a) Any permit issued under this chapter may be suspended or revoked by the Chief of Fire and Rescue, or his designee, after a hearing, for failure to comply with the provisions of Title 32.2, Chapter 5, Article 2.1 of the Code of Virginia or of this Chapter or any other provision of local, state or federal law or regulation. Such hearing shall be held after ten (10) calendar days prior written notice, mailed to the permit holder at the address listed on his application or any subsequent written notification of change of address. After the hearing, the Chief of Fire and Rescue, or his designee, shall render his decision in writing and shall mail a copy thereof to the permit holder at the address described above. The decision of the Chief of Fire and Rescue, or his designee, shall be effective as of the date established in his decision and shall not be stayed pending the outcome of any appeal. (b) Any permit holder affected by an adverse decision of the Chief of Fire and Rescue, or his designee, may appeal the same to the County Administrator, by written notice filed within thirty (30) calendar day of the date of the mailing of the Chief's/designee's decision. The County Administrator, after such investigation and hearing as he/she may deem appropriated, may affirm, reverse or modify the prior decision, or may remand the matter for further investigation or action. (c) Any permit holder affected by an adverse decision of the County Administrator may appeal the same to the Board of Supervisors by written notice filed with the Clerk of the Board within thirty (30) calendar days of mailing of the County Admin istrator's final decision. Upon proper filing of such appeal, after such notice and hearing as the Board of Supervisors may deem appropriate, the Board may affirm, reverse, or modify the County Administrator's decision, or may remand the matter for further investigation or action. Section 2-140. Sale, assignment, etc. prohibited. No permit granted under this chapter may be sold, assigned, or transferred, nor shall it in any way vest in any person, other than the applicant to whom the permit is granted, any rights or privileges under the permit. For purposes of this section, the transfer of ownership of fifty (50%) percent or more of the common stock of a corporation which has been granted a permit shall be deemed to be a transfer of the permit. Section 2-141. Authorization to provide nonemergency services: response to emergencies permitted under limited conditions. (a) The holder of a permit shall be authorized to respond to requests for non -emergency service. Response to emergencies shall not be permitted unless: (1) A request is made by the patient or by someone on behalf of the patient. (2) A request is made by an authorized representative of the county. (3) A condition is coincidentally observed by the owner or operator of the ambulance which requires immediate attention. (b) A permit holder who provides ambulance or emergency medical service under emergency conditions shall give immediate notice of such response at the time of response to the county's emergency dispatch/E-911 center. Section 2-142. Operations within the county. (a) As a condition of the permit, the permit holder agrees to provide service throughout the geographic area designated by the permits, which may include the Town of Vinton. The Town of Vinton is hereby authorized to exercise any of the powers set forth in paragraphs A & B of Section 32.1-111.14 of the Code of Virginia beginning one hundred eighty (180) days from receipt of a certified copy of this ordinance from the clerk of this board. (b) No permit holder shall refuse to transport any person in the county to any hospital emergency room, approved by the County Administrator or his/her designee, in the county or an adjoining city without just cause. For purposed of this section, the term "just cause" shall include unavailability of qualified personnel or vehicles and the inability or refusal of the patient to pay for the requested ambulance service. Section 2-143. Service logs. Every permit holder shall maintain accurate service logs of operations undertaken in accordance with its permit. Such service logs shall include, with regard to each request for ambulance service, the time and date the request was received, the location of the patient on whose behalf the request was made, the time the ambulance arrived at the location, the destination and time of arrival at the destination. If the request was denied, the log shall indicate the reason for such denial. In addition, the service log shall include any other information required by the Chief of Fire and Rescue. Such logs shall be maintained for a period of three (3) years and made available for inspection by authorized representatives of the county upon reasonable request. Section 2-144. Powers and responsibilities of the County Administrator. The County Administrator, or his designee, is hereby authorized to exercise the following powers and responsibilities in order to effectively achieve the purposes of this article, as follows: (a) To enter into contracts with any person for the administration and collection of any fees which are imposed by the Roanoke County Department of Fire and Rescue or other county agency, by any volunteer rescue squad or other non-profit organization operating under any permit granted in accordance with this article; (b) To establish reasonable rules and procedures for imposing and collecting authorized fees for the provision of emergency medical services; (c) To write off as uncollectible any accounts which are reasonably deemed to be uncollectible; and (d) To exercise such other reasonable powers and authority as shall be necessary for E the proper administration of this article. 2. That this ordinance shall be in full force and effect from and after the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors 10 cc: File Richard Burch, Chief of Fire & Rescue Paul M. Mahoney, County Attorney. Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, 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 Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief 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 Kathie Scearce, Director, Community Relations Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Terrance L. Harrington, County Planner Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 11 s AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MAY 22, 2001 ORDINANCE 052201-14 AMENDING THE ROANOKE COUNTY CODE BY AMENDING SECTION 21-73, GENERAL PREREQUISITES TO GRANT OF DIVISION 3. EXEMPTION FOR ELDERLYAND DISABLED PERSONS OF CHAPTER 21. TAXATION TO INCREASE THE TOTAL COMBINED INCOME PROVISION FOR REAL ESTATE TAX EXEMPTION FOR THE ELDERLY AND HANDICAPPED WHEREAS, Section 21-73 of the Roanoke County Code establishes a restriction upon the total combined income for the exemption from or deferral of real estate taxes for certain elderly or permanently or totally disabled persons; and WHEREAS, Ordinance 84-232 adopted on December 18, 1984, increased this financial restriction from $15,000 to $18,000, and Ordinance 22388-9 adopted February23, 1988, increased this financial restriction from $18,000 to $22,000, and Ordinance 82791-10 adopted August 27, 1991, increased this financial restriction from $22,000 to $30,000; and WHEREAS, the 2001 General Assembly for the Commonwealth of Virginia amended Section 58.1-3211 of the 1950 Code of Virginia by increasing this financial restriction to $50,000.00; and WHEREAS, the first reading on this ordinance was held on May 8, 2001; and the second reading and public hearing was held on May 22, 2001. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virg.inia, as follows: 1. That Section 21-73, General prerequisites to grant of Division 3. Exemption for elderly and disabled persons of Chapter 21, Taxation be amended to read and provide as follows: Sec. 21-73. General prerequisites to grant. 1 Exemptions provided for in this division shall be granted only if the following conditions are met: (1) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein did not exceed thirty thotisand dollars ($36,00a) y_.top,usandV Bail r .��5Q,Q00J; provided, however, that the first sixty-five hundred dollars ($6,500) of income of each relative, other than the spouse of the owner, who is living in the dwelling shall not be included in such total. 2. That this ordinance shall be in full force and effectfrom and after July 1, 2001, and it shall become effective for the second half of the 2001 real estate tax year. Any person seeking an exemption under this amendment shall file an application for exemption with the commissioner of the revenue, between July 1, 2001 and August 31, 2001. Applications for exemption for the second half real estate taxes shall be subject to all of the other terms and conditions of this division. Thereafter applications shall be filed as required under Section 21-74 of the Roanoke County Code. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors 2 cc: File Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, 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 B.urkart, 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 Kathie Scearce, Director, Community Relations Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Terrance L. Harrington, County Planner Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue 3 r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 22, 2001 ORDINANCE 052201-15 AUTHORIZING A LEASE AGREEMENT WITH DEVON MOBILE COMMUNICATIONS, L.P. FOR THE USE OF THE GOAT ROCK WATER TANK FOR THE INSTALLATION OF A CELLULAR ANTENNA WHEREAS, the ever increasing use of cellular telephones within the Roanoke Valley creates a demand for additional cellular tower locations to accommodate the needs of cellular phone companies to adequately handle this increased cellular phone traffic; and WHEREAS, the proliferation of cellular phone towers creates the potential for significant impacts upon the visual, environmental and economic environment of Roanoke County, and adjoining jurisdictions, which has compelled the County to encourage the co -location of cellular transmission equipment and facilities on existing structures as opposed to the erection of new towers; and WHEREAS, Devon Mobile Communications, L.P., an FCC licensed provider of cellular telephone services within the Roanoke Valley, has approached the Roanoke County Utility Department with a proposal for leasing space on the County's Goat Rock water tank, which is located on the western side of "Big Hill" off of Viewpoint Avenue, for the installation of a cellular repeater antenna; and WHEREAS, this proposed lease would generate revenue forthe Utility Department's water fund which will assist this Department in maintaining this water tank and other facilities and may alleviate the need for future rate increases; and WHEREAS, the first reading of this ordinance was held on May 8, 2001; and the second reading for this ordinance will be held on May 22, 2001. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on May 8, 2001; and a second reading was held on 1 May 22, 2001, concerning the lease of a location for a cellular telephone repeater antenna on the County's Goat Rock water tank shown and designated on the Roanoke County Land Records as Tax Map No.64.03-1-7.01. 2. That an offer in writing having been received to lease said properties, the offer of Devon Mobile Communications, L.P.. for a lease term of five (5) years with the right for four additional terms of five (5) years and a lease amount of not less than $1,000 per month, with reasonable increases in lease payments upon each renewal thereof, is hereby accepted/rejected; and 3. That the proceeds from the lease of said properties shall be deposited in the Water Utility Fund. 4. That the County Administrator is authorized to execute such leases, and any accompanying documents, and to take such other actions on behalf of Roanoke County as are necessary to accomplish the lease of a cellular telephone antenna location on the Goat Rock water tank site, all of which shall be of such form as approved by the County Attorney. 5. That this ordinance shall be in full force and effect from its passage. On motion of Supervisor McNamara to adopt the ordinance with Number 2 on Page 2 of the ordinance changed to "a lease amount of not less than $1,000", and carried by the following recorded vote: AYES: NAYS cc: Supervisors Johnson, McNamara, Church, Nickens, Minnix None A COPY TESTE: IF 9 a Me 9 11 011 W Mary H. Allen, CMC File Clerk to the Board of Supervisors Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney oil O U a co lD so Q h m O n n m V] ir h — U 11 a " x rn•� 0