HomeMy WebLinkAbout2/22/2005 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 22, 2005
RESOLUTION 022205-1 SUPPORTING THE DESIGNATION OF THE
BLUE RIDGE PARKWAY AS AN ALL AMERICAN ROAD
WHEREAS, the designation of the Blue Ridge Parkway as an All
American Road by the Federal Highway Administration would enhance the importance
of this scenic highway, both nationally and internationally; and
WHEREAS, the Blue Ridge Parkway represents a cultural, natural
resource and tourism attraction for the Roanoke Valley; and
WHEREAS, the Parkway has been in existence for over 60 years and
over this period of time its significance as a natural resource has grown; and
WHEREAS, the County of Roanoke, in recognition of the importance of
the Parkway to our community, has been involved in protecting the viewsheds of the
Blue Ridge Parkway for future generations.
NOW, THEREFORE BE IT RESOLVED, by the Roanoke County Board of
Supervisors that we support the Blue Ridge Parkway's nomination to the Federal
Highway Administration as an All American Road and direct the Clerk to the Board to
forward copies of this resolution to the All American Road Selection Committee.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
A OPY TESTE:
A,
Diane S. Childers, CMC
Clerk to the Board of Supervisors
cc: File
Janet Scheid, Chief Planner
All American Road Selection Committee
ACTION NO. A-022205-2
ITEM NO. E-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 22, 2005
AGENDA ITEM: Request to approve projects for fiscal year 2004-2005
Virginia Department of Transportation (VDOT) supplemental
revenue sharing program
SUBMITTED BY: Arnold Covey
Director of Community Development
APPROVED BY: Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Department of Transportation (VDOT) annually provides localities the
opportunity to request additional funds from the unused allocations of the County Primary
and Secondary Fund (Revenue Sharing Program). This program allows localities to
receive state matching funds for the construction, maintenance, and improvement to
primary and secondary roads in the state's highway system. Roanoke County is one of
twenty-six counties eligible this year to receive these funds, which total over $1,000,000.
VDOT has limited the request of each locality to $100,000 each.
The Supplemental Revenue Sharing Program for FY 2004-2005 contains 5 projects
totaling $200,000 of State and County matching allocations.
Receiving no requests to modify or change the priority list, staff is requesting the Board to
approve the priority list for the FY 2004-2005 Supplemental Revenue Sharing Program.
FISCAL IMPACT:
A portion of the County's matching funds ($50,000) is shown in the Department of
Community Development operating budget for FY 2004-2005. The remaining allocation
($50,000) will need to be approved and appropriated from County Minor Capital.
ALTERNATIVES:
Approve the project list and authorize the County Administrator to sign the Letter of
Intent and appropriate $50,000 from County Minor Capital.
2. Decline to participate in the Supplemental Revenue Sharing Program for fiscal year
2004-2005.
STAFF RECOMMENDATION:
Staff recommends alternative 1.
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
M. File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Rebecca Owens, Director, Finance
I hereby certify that the foregoing is a true and correct copy of Action 022205-2 adopted by the
Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 22,
2005.
Brenda J. Holton, Deputy Clerk
2
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Flora
®
❑
❑
Mr. Altizer
®
❑
❑
M. File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Rebecca Owens, Director, Finance
I hereby certify that the foregoing is a true and correct copy of Action 022205-2 adopted by the
Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 22,
2005.
Brenda J. Holton, Deputy Clerk
2
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 22, 2005
ORDINANCE 022205-3 TO ACCEPT THE CONVEYANCE OF
APPROXIMATELY 9 ACRES OF REAL ESTATE LOCATED ON COVE
ROAD FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE
BOARD OF SUPERVISORS FOR USE AS THE SITE FOR THE NEW
PUBLIC SAFETY BUILDING
WHEREAS, the Board of Supervisors and the Roanoke County School
Board entered into a Memorandum of Understanding in July of 2004 providing for the
conveyance of up to ten acres of real estate from the School Board to the Board of
Supervisors providing for a site for the new Roanoke County Public Safety Building; and
WHEREAS, a plat has been prepared by Hurt & Proffitt creating "Parcel 1"
containing 9.756 acres, which parcel is composed of an approximate 9 acre parcel of
real estate (portion of Tax Map No. 36.16-1-11) owned by the County School Board and
an approximate .8 acre parcel of real estate owned by the Board of Supervisors (Tax
Map No. 36.16-1-11.1); and
WHEREAS, at their meeting on February 9, 2005, the County School
Board declared the above-mentioned 9 acre parcel of real estate to be surplus property,
thus allowing the Board of Supervisors to obtain ownership of the property upon
approval of this ordinance and recordation of a deed; and
WHEREAS, on June 8, 2004, the Board adopted Ordinance No, 060804-4
which authorized entering into a lease of certain real estate on Peters Creek Road with
the Virginia Resources Authority for the purpose of securing financing for the
construction of a new Public Safety Center, and to subsequently transfer this lease to
the real estate located on Cove Road; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance will be held on February 8, 2005, and the second reading
will be held on February 22, 2005.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition from the County School Board of Roanoke County of
an approximate 9 acre parcel of real estate to be added and combined with an
approximate.8 acre parcel of real estate to form "Parcel 1" as shown on a preliminary
plat entitled "Plat Showing Division of the Property of the Board of Supervisors of
Roanoke County, Virginia, and the County School Board of Roanoke County, Virginia,
Catawba Magisterial District" prepared by Hurt & Proffitt and dated January 19, 2005, is
hereby authorized and approved.
2. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate and to amend the financing documents with the Virginia Resources
Authority, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
FA
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
A COPY TESTE:�
l /-1 0 � /ll Z/1 A
Diane S. Childers, CMC
Clerk to the Board of Supervisors
cc: File
Dan O'Donnell, Assistant County Administrator
Paul Mahoney, County Attorney
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
William Driver, Director, Real Estate Valuation
Dr. Linda Weber, Schools Superintendent
Brenda Chastain, Clerk School Board
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OR�JE
PONQ�R �5P 19
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 22, 2005
ORDINANCE 022205-4 AMENDING AND RE-ENACTING SEC. 19-4,
SOLICITING PROHIBITED DURING CERTAIN HOURS AND AT
CERTAIN LOCATIONS AND ENACTING A NEW SECTION 19-28,
PERMIT FOR STREET SOLICITATION OF ARTICLE 11, CHAPTER 19,
SOLICITORS AND SOLICITATIONS OF THE ROANOKE COUNTY
CODE TO AUTHORIZE A PROCEDURE FOR PERMITS FOR STREET
SOLICITATION BY QUALIFIED CHARITABLE ORGANIZATIONS
WHEREAS, Section 19-4(b) of the Roanoke County Code currently makes it
unlawful for any individual or representative of a charitable organization to engage in
solicitation, as defined by the County Code, from any occupant of a motor vehicle on a
public road; and
WHEREAS certain reputable charitable organizations have requested an
amendment to the Roanoke County Code to permit solicitation at intersections and
other locations on public roads for limited periods of time after filing an application,
paying a fee and providing the County with evidence of adequate insurance coverage
and legal proof of their charitable status; and,
WHEREAS, the first reading of this ordinance was held on December 7, 2004,
and the second reading was held on February 22, 2004.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as
follows:
1. That Section 19-4. Soliciting prohibited during certain hours and at certain
locations, of Article I., IN GENERAL, of Chapter 19, SOLICITORS AND
SOLICITATIONS, of the Roanoke County Code be amended and re-enacted as follows:
Sec. 19-4. Soliciting prohibited during certain hours and at certain
locations.
1. It shall be unlawful for any person to engage in solicitation in the County at
any time prior to 9:00 a.m. or after 9:00 p.m.
2. It shall be unlawful for any person to engage in solicitation from any operator
or passenger of a motor vehicle that is in traffic on a public road without a permit for
charitable solicitation from the County as outlined in Article ll, Sec. 19-21 to 19-
28, Roanoke County Code. A public road shall include the areas of the median and
the public right-of-way along the curbside.
3. That Section 19-28. Permit for Street Solicitation, of Article ll, Permit for
Charitable Solicitations, of Chapter 19, SOLICITORS AND SOLICITATIONS, of the
Roanoke County Code be enacted as follows:
Sec. 19-28. Permit for Street Solicitation.
The prohibition on soliciting from a vehicle on a public road set forth in Section
19-4(b), above, does not apply to a charitable organization, and its authorized solicitors,
which has applied for and been issued a permit under this section and which is in
compliance with all other provisions of this Chapter. In order to solicit contributions
while standing in a public road, a charitable organization must comply with the following
requirements:
1. Not less that thirty (30) days prior to the date desired for beginning
solicitation, the charitable organization shall submit a complete application to the Clerk
of the Board of Supervisors for a charitable solicitation permit. In addition to the
information required by Sec. 19-22, the form shall require the charitable organization to
K
provide its full name, the name, address and phone number of a local point of contact
for the organization, the desired date(s), time(s) and specific location(s) for soliciting
which shall be limited to not more than six (6) intersections with a traffic control signal
light, the name, mailing address and phone number of each individual who will be
engaged in solicitation activities on behalf of such charitable organization. Further the
charitable organization shall provide an agreement or document whereby such
organization shall indemnify the County, its officers, employees and agents, and hold
the County, its officers, employees and agents, harmless from any and all claims, suits,
demands, damages and attorney fees arising out of or related to the acts or omissions
of individuals or entities soliciting for such organization. The charitable organization
shall have an ongoing obligation to update or correct any information submitted in its
application for a solicitation permit so as to maintain all information in the County's
possession as accurate. The County may require such additional or supplemental
information as may be reasonably necessary to facilitate the direct enforcement of this
section and the purposes of this Chapter.
2. When submitting a completed application to the County, the charitable
organization shall also submit the following:
(a) Written proof of general commercial liability and property damage
insurance coverage issued by a company authorized to conduct business
in the Commonwealth of Virginia in the amount of not less than
$1,000,000 per occurrence that insures the organization and all individuals
and entities who may be soliciting on its behalf. The proof of insurance
shall include the Board of Supervisors of Roanoke County, Virginia, as an
3
additional insured and must specify that the insurance is primary over any
insurance which the County may carry or any provisions for self insurance
by the County.
(b) An application permit fee in the amount of $10.00 shall be payable
at the time the application is submitted. This fee shall be used to defray
the County's cost of processing the application and for insuring
compliance with the conditions of any permit issued through monitoring of
the public roads. An applicant will be notified in writing of the approval or
denial of their request within fifteen (15) days after the County's receipt of
a completed application. Within the County's discretion, a portion of this
fee may be refunded in the event a permit is denied.
(c) Written proof that the applicant organization is a charitable
organization which has obtained qualification from the Internal Revenue
Service as a Section 501 c(3) entity under the Internal Revenue Code.
(d) A safety plan which shall describe the measures which the
organization will implement during any solicitation period to insure
the safety of those participating in its solicitation activities and of
drivers and occupants of motor vehicles at intersections where
solicitations are permitted.
(e) A copy of a permit issued by the Virginia Department of
Transportation (VDOT) for use or occupancy of the public right-of-
way at intersections at which solicitations will be conducted during
the term of the County's permit.
3. Additional solicitation activity restrictions shall include the following:
(a) No more than one permit may be issued to an organization
during each calendar year. Permits shall be valid for a period of ninety
(90) days from the date of their issuance;
(b) Solicitation upon a public road in the County pursuant to a permit
shall be authorized for no more than four (4) consecutive calendar days,
and shall be limited to the period from 9:00 a.m. until one half hour prior to
sunset, at the approved location(s) specified in the application and permit;.
(c) Each individual solicitor shall have in his or her possession some
form of official identification with a photograph, such as a driver's license
and shall wear a high -visibility, reflective safety vest over their clothing at
all times;
(d) A copy of the organization's solicitation permit shall be maintained
at each approved solicitation location;
(e) All solicitors must be at least eighteen (18) years of age or older;
and,
(f) No solicitor may impede traffic at any time; touching a vehicle or
reaching inside a vehicle without the consent of the occupants of the
vehicle shall be considered as impeding traffic;
4. Additional conditions for consideration of and issuance of permits:
(a) In additional to the provisions of Sec. 19-24, an application for a
solicitation permit under this section may be denied or revoked, in whole
or in part, for the following reasons:
5
(i) A solicitation permit has been issued to a charitable
organization, and is currently in force, for one or more of the
intersections at which the applicant seeks permission to solicit;
(ii) In the opinion of the Chief of Police or his designee, approval
of the solicitation permit at one or more of the requested
intersections is determined to create a reasonable potential for
injury to solicitors, other pedestrians or vehicle occupants or an
unreasonable potential for disruption to normal traffic flow;
(iii) The applicant has made a false or materially misleading
statement on the application form or in any response to information
requested on behalf of the County; and
(iv) A material violation of the solicitation permit granted under
this Section or any action by the organization or any individual
solicitor acting in its behalf which creates a clear and immediate
danger to public safety.
(b) Issuance of any permit under this section shall not represent an
endorsement by the County of any charitable organization that the
permittee may represent nor any indication of supervision of or control
over the proceeds raised by the organization's charitable solicitations.
5. That this ordinance shall be in full force and effect on and after March 1,
2005. fFGm and after its adGp#Gn. This ordinance shall be effective until February
28, 2006.
A
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Flora, Altizer
NAYS: Supervisors Church, Wray
A COPY TESTE:
& j 6 , �, 4A /) )
Diane S. Childers, CMC
Clerk to the Board of Supervisors
7
cc: File
Circuit Court
Clifford R. Weckstein, Judge
William Broadhurst, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
James R. Swanson, Judge
Charles N. Dorsey, 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
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Francis W. Burkart, III, Judge
Theresa A. Childress, Clerk
Gerald Holt, Sheriff
Paul Mahoney, County Attorney
Randy Leach, Commonwealth 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
John M. Chambliss, Jr., Assistant County Administrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Chief Financial Officer
O. Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Rebecca Owens, Director, Finance
Betty McCrary, Director, Social Services
David Davis, Court Services
Elaine Carver, Director, Information Technology
Anne Marie Green, Director, General Services
Thomas S. Haislip, Director, Parks, Recreation & Tourism
William E. Driver Director, Real Estate Valuation
F. Kevin Hutchins, Treasurer
Nancy Horn, Commissioner of Revenue
0
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 22, 2005
RESOLUTION 022205-5 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for February
22, 2005, 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 5, inclusive, as follows:
1. Approval of minutes — January 25, 2005
2. Confirmation of committee appointment to the League of Older Americans
Advisory Council
3. Request to accept Integrity Drive into the Virginia Department of Transportation
Secondary System
4. Request to accept donation of a drainage easement on the property of Knights
of Columbus, Windsor Hills Magisterial District
5. Request to accept donation of a deed of easement on property owned by Larry
W. McCarty and Patricia L. McCarty, Vinton Magisterial District
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 Flora to adopt the resolution, and carried by the following
recorded vote:
AYES
NAYS
Ice]
Supervisors McNamara, Church, Wray, Flora, Altizer
None
A C PY TESTE:
Diane S. Childers, CMC
Clerk to the Board of Supervisors
File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Paul Mahoney, County Attorney
2
ACTION NO. A -022205-5.a
ITEM NO. J-2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 22, 2005
AGENDA ITEM: Confirmation of appointment to the League of Older Americans
Advisory Council
SUBMITTED BY: Diane S. Childers
Clerk to the Board
APPROVED BY: Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
League of Older Americans Advisory Council
At the February 8, 2005 Board meeting, the Clerk was directed to contact Beverly Eyerly to
determine if she would be willing to serve another one-year term which will expire on
March 31, 2006. Ms. Eyerly has advised that she would like to serve another term and
confirmation of her appointment has been placed on the consent agenda for this meeting.
STAFF RECOMMENDATION:
It is recommended that the above appointment to the League of Older American Advisory
Council be confirmed.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
M. File
League of Older Americans Advisory Council File
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Flora
®
❑
❑
Mr. Altizer
®
❑
❑
M. File
League of Older Americans Advisory Council File
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON
THE 22nd OF FEBRUARY, 2005 ADOPTED THE FOLLOWING:
RESOLUTION 022205-5.b REQUESTING ACCEPTANCE OF INTEGRITY
DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the street described on the attached Addition Form SR -5(A), fully
incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of Transportation,
WHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999 for comprehensive stormwater detention which
applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street described on the attached Additions Form
SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
the resident Engineer for the Virginia Department of Transportation.
Moved by: Supervisor Flora
Seconded by: None Required
Yeas: Supervisors, McNamara Church Wray, Flora Altizer
Nays: None
A py Teste.
- �) \ � IA4)
Diane S. Childers, CMC
Roanoke County Board of Supervisors
cc: Arnold Covey, Director, Department of Community Development
Virginia Department of Transportation
File
I hereby certify that the foregoing is a true and correct copy of Resolution 022205-5.b adopted by the
Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 22,
2005.
Brenda J. Holton, Deputy Cierk
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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.
TAX MAP NO.
Length: 0.18 Miles
50.01-01 Industrial Access
//V/LV/l// / /V// V /- /11/V/
SCALE.
PLAT SHOWING
Acceptence of Integrity Drive into
the Virginia Department of Transportation Secondary System
PREPARED BY.' ROANOKE COUNTY
DEPARTMENT OF COMMUNITYDEVELOPMENT
1 "=200'
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1838
DATE: 1-27-05
ACTION NO. A -022205-5.c
ITEM NO. J-4
AT A REGULAR MEETING OF HE ROA OKE COUNTY ADMINISTRATION RS OF OENOER
CKE
OUNTY, VIRGINIA HELD AT
MEETING DATE: February 22, 2005
AGENDA ITEM: Request to accept donation of a drainage easement on the
property of Knights of Columbus, Windsor Hills Magisterial
District
SUBMITTED BY: Arnold Covey
Director, Community Development
APPROVED BY: Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves conveyance of the following described easement to the
Board of Supervisors of the County of Roanoke:
A perpetual RIGHT and EASEMENT, of approximately 3,507.21 square feet, to construct,
operate, maintain, inspect and repair or replace a drainage system and related
improvements including slopes(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 December 3, 1986, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1251, page
800 and designated on the Roanoke County Land Records as Tax Map No. 77.06-02-24
(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 RECOMMENDATION:
Staff recommends acceptance of this easement.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Paul Mahoney, County Attorney
2
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Flora
®
❑
❑
Mr. Altizer
®
❑
❑
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Paul Mahoney, County Attorney
2
ACTION N0. A -022205-5.d
ITEM NO. J-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 22, 2005
AGENDA ITEM: Request to accept donation of a deed of easement on property
owned by Larry W. McCarty and Patricia L. McCarty, Vinton
Magisterial District
SUBMITTED BY: Arnold Covey
Director, Community Development
APPROVED BY: Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves acceptance of the following easement conveyed to the
Board of Supervisors for storm drainage purposes in connection with Drainage Project P-
298 located in the Vinton Magisterial District of Roanoke County:
A perpetual RIGHT AND EASEMENT, of approximately 3,744.15 square feet 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 of parcel of land
belonging to the Grantor, acquired by deed dated June 9, 1988, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1286, page
652, and designated on the Roanoke County Land Records as Tax Map No. 70.04-4-22
(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").
STAFF RECOMMENDATION:
Staff recommends acceptance of these easements.
VOTE:
Supervisor Flora motion to approve staff recommendation
Motion Approved
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Paul Mahoney, County Attorney
2
Yes
No
Abs
Mr. McNamara
®
❑
❑
Mr. Church
®
❑
❑
Mr. Wray
®
❑
❑
Mr. Flora
®
❑
❑
Mr. Altizer
®
❑
❑
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Paul 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, FEBRUARY 22, 2005
RESOLUTION 022205-6 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each 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 Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
AC I?Y TESTE:
117 / � i (. I //z/1
Diane S. Childers, 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 ON TUESDAY, FEBRUARY 22, 2005
ORDINANCE 022205-7 GRANTING A SPECIAL USE PERMIT TO
EBENEZER BAPTIST CHURCH UPON APPLICATION OF JEROME
DONALD HENSCHEL, PC ARCHITECTURE TO CONSTRUCT A 24,400
SQUARE FOOT MULTI-PURPOSE FAMILY LIFE FACILITY TO BE
LOCATED AT 7049 THIRLANE ROAD (TAX MAP NO. 37.06-1-13)
CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Jerome Donald Henschel, PC Architecture has filed a petition for a
special use permit to construct a 24,400 square foot multi-purpose family life facility for
the Ebenezer Baptist Church to be located at 7049 Thirlane Road (Tax Map No. 37.06-
1-13) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
February 1, 2005; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on January 25, 2005; the second reading and public hearing on
this matter was held on February 22, 2005.
NOW, THEREFORE, BE IT RESOLVED 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 Ebenezer
Baptist Church upon application by Jerome Donald Henschel, PC Architecture to
construct a 24,400 square foot multi-purpose family life facility for the Ebenezer Baptist
Church to be located at 7049 Thirlane Road in the Catawba Magisterial District is
substantially in accord with the adopted 2000 Community Plan pursuant to the
provisions of Section 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 site shall be developed in substantial conformity with the
master site development plan prepared by Jerome Donald Henschel, PC
Architecture, dated December 6, 2004.
(2) The exterior building and roof colors of the proposed multi-purpose
family life facility shall match the existing muted color scheme of the existing
church facility. (Brown, tan, white and brick colors.)
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 McNamara, Church, Wray, Flora, Altizer
NAYS: None
A OPY TESTE:
J171 0
Diane S. Childers, CMC
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
2
Zoning
AG3
EP
AG 1
AR
AV
C1
C2
C2CVOD
12
PCD
PRD
PTD
R1
R2
R3
R4
N
Applicants Name: Ebenezer Baptist Church
N Existing Zoning: R-1
Roanoke County Proposed Zoning: R -1S
Department of Tax Map Number: 37.06-1-13
Community Development Magisterial District: Catawba Area: 10 acres
December 20, 2004 No Scale
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, FEBRUARY 22, 2005
ORDINANCE 022205-8 TO CHANGE THE ZONING CLASSIFICATION OF
A 0.68 -ACRE TRACT OF REAL ESTATE LOCATED AT THE
NORTHWEST CORNER OF PETERS CREEK ROAD AND COVE ROAD
(TAX MAP NO.37.17-01-05) IN THE CATAWBA MAGISTERIAL DISTRICT
FROM THE ZONING CLASSIFICATION OF I-1, INDUSTRIAL WITH
CONDITIONS, TO THE ZONING CLASSIFICATION OF C-2, GENERAL
COMMERCIAL WITH CONDITIONS UPON THE APPLICATION OF MID -
ATLANTIC REALTY, INC.
WHEREAS, the first reading of this ordinance was held on January 25, 2005, and
the second reading and public hearing were held February 22, 2005; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on February 1, 2005; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing 0.68
acres, as described herein, and located at the northwest corner of Peters Creek Road and
Cove Road (Tax Map Number 37.17-01-05) in the Catawba Magisterial District, is hereby
changed from the zoning classification of I-1, Industrial District with conditions, to the
zoning classification of C-2, General Commercial District with conditions.
2. That this action is taken upon the application of Mid -Atlantic Realty, Inc.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(1) The property shall be developed as a C-2 use.
(2) Entrances onto Peters Creek Road shall be reduced to one (1) right -in
and right -out; entrances onto Cove Road shall be reduced to one (1) full movement
entrance.
(3) All buildings constructed on the property shall have exposed exterior
walls (above finished grade) of face brick, natural stone, dryvit, stucco, decorative
split face block and/or glass or be of an equivalent, permanent architecturally
finished material. No building shall be covered with or have exposed to view any
painted or unfinished concrete block, sheet or corrugated aluminum, asbestos, iron
or steel. Roofing materials shall either be asphalt shingle or standing metal seam if
a raised roof; if a flat roof system is used, a perimeter parapet of dryvit, standing
metal seam and decorative split face block or brick shall be used.
(4) The proffered conditions set forth in Ordinance 82592-8 dated August
25, 1992 and Ordinance 102291-10 dated October 22, 1991, are hereby removed.
4. That said real estate is more fully described as follows:
Beginning at an iron stake on the northwesterly right-of-way line of Peters
Creek Road (VA Rte. 117) 146.29 feet northeasterly from an angle point at the
northwesterly corner of Peters Creek Road and Cove Road, said beginning point
being the northeasterly corner of the property of Humble Oil Co.; thence leaving
Peters Creek Road and with two lines of the Humble Oil Co. property N. 740 21'W.
100.0 feet to an iron stake; thence S. 340 28'30" W. 165.00 feet to an iron stake on
the northerly right-of-way line of Cove Road (VA Rte. 116); thence with same,
leaving the Humble Oil Co. property N. 740 21'W. 113.00 feet to an iron stake, a
corner to the property of Mrs. Dorothy H. Whitesell, Mrs. Geraldine H. Waring and
Frances H. Easley; thence with same and leaving Cove Road, N. 350 12' 10" E.
250.0 feet to a point, a new corner; thence with a new division line through the
property of William Kenney S. 620 16' 50" E. 201.59 feet to a point on the
northwesterly right-of-way line of Peters Creek Road; thence with said right-of-way
line with a curved line to the left, having a radius of 2334.83 feet, a chord bearing
and distance of S. 360 59' 35" W.40.0 feet and an arc distance of 40.00 feet to the
FA
Point of Beginning, containing 0.685 acres, as shown on plat made by David Dick &
Associates, dated February 26, 1973, which plat is recorded in the Roanoke County
Circuit Court Clerk's Office in Deed Book 968 at page 99.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized by
this ordinance.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
A COPY TESTE:
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Diane S. Childers, CMC
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
3
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Applicants Name: Mid -Atlantic Realty, Inc.
Proposed Zoning: C-2
Tax Map Number: 37.17-1-5
Magisterial District: Catawba Area: 0.68 Acres
December 17, 2004 No Scale
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 22, 2005
ORDINANCE 022205-9 GRANTING A SPECIAL USE PERMIT TO
CELLCO PARTNERSHIP D/B/A/ VERIZON WIRELESS TO
CONSTRUCT A 199 FT. BROADCAST TOWER AND ANCILLARY
FACILITIES TO BE LOCATED AT 3233 CATAWBA VALLEY DRIVE
(TAX MAP NO.16.03-1-46) CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Cellco Partnership d/b/a/ Verizon Wireless has filed a petition for a
special use permit to construct a 199 ft. broadcast tower and ancillary facilities to be
located at 3233 Catawba Valley Drive (Tax Map No. 16.03-1-46) in the Catawba
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
February 1, 2005; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on January 25, 2005; the second reading and public hearing on
this matter was held on February 22, 2005.
NOW, THEREFORE, BE IT RESOLVED 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 Cellco
Partnership d/b/a Verizon Wireless to construct a 199 ft. broadcast tower and ancillary
facilities to be located at 3233 Catawba Valley Drive in the Catawba Magisterial District
is substantially in accord with the adopted 2000 Community Plan pursuant to the
provisions of Section 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 broadcast tower shall be a monopole design, with a maximum height
of 199 ft.
(2) The broadcast tower shall not be lighted.
(3) The broadcast tower shall be constructed of non -reflective materials to
reduce visibility and reduce light reflection.
(4) The broadcast tower shall be structurally capable of carrying at least three
other vendors.
(5) The broadcast tower shall be located in the lease area shown on the
concept plan entitled "Verizon Site Name: Bradshaw Road," prepared by
Engineering Concepts, Inc., with engineers stamp seal date of 12/10/04.
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 McNamara, Church, Wray, Flora, Altizer
NAYS: None
A TPY TESTE:
Diane S. Childers, CMC
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Wiliam Driver, Director, Real Estate Valuation
Paul 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, FEBRUARY 22, 2005
ORDINANCE 022205-10 AUTHORIZING THE VACATION, QUITCLAIM
AND RELEASE OF PORTIONS OF VARIOUS EASEMENTS IN VALLEY
GATEWAY BUSINESS PARK TO THE COMMONWEALTH OF VIRGINIA
IN CONNECTION WITH PROVIDING CLEAR TITLE AND AN
UNRESTRICTED RIGHT-OF-WAY FOR INTEGRITY DRIVE IN THE
VINTON MAGISTERIAL DISTRICT
WHEREAS, the development of Valley Gateway Business Park has necessitated
the creation of several easements for public utilities and drainage; and,
WHEREAS, the said easements were created prior to the establishment of the full
right-of-way boundary for Integrity Drive and portions of the said easements are within the
currently established right-of-way boundary of Integrity Drive; and,
WHEREAS, the various easements to be vacated were dedicated to Roanoke
County as a 20' storm drainage easement recorded in instrument # 200313258 and a 20'
storm drainage easement recorded in instrument # 200313725, a 20' public utility
easement recorded in Plat Book 19, page 166, and a 20' public utility easement recorded
in Plat Book 27, page 23, a 30' sewer and waterline easement recorded in Deed Book
1273, page 605, and a 20' waterline easement, recorded in Plat Book 19, page 166 and
Deed Book 1620, page 587, respectively, all of record in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia; and,
WHEREAS, the Virginia Department of Transportation (VDOT) requires that the
right-of-way for streets to be added to the state system of highways be unrestricted and
cleared of all encumbrances; and,
WHEREAS, Roanoke County desires to request the Virginia Department of
Transportation to add Integrity Drive to the state system of highways and the affected
County departments have raised no objection to the vacation, quit -claim and release of the
above described easements; and,
WHEREAS, published notice has been given as required by Section 15.2-2204 of
the Code of Virginia, 1950, as amended and pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading of this ordinance was held on February 8,
2005; and a public hearing and second reading was held on February 22, 2005.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That portions of existing easement designated and shown as "EASEMENTS
TO BE VACATED" on a plat entitled "PLAT SHOWING THE VACTION OF EASEMENTS
WITHIN THE RIGHT-OF-WAY OF INTEGRITY DRIVE, VALLEY GATEWAY BUSINESS
PARK' prepared by Hayes, Seay, Mattern & Mattern, Inc. dated January 21, 2005,
attached hereto as Exhibit A and incorporated by reference, be, and hereby are, vacated
pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, subject to the
conditions set forth herein; and,
2. That the vacation, quitclaim and release of the storm drainage easements,
the waterline easement and the sewer and waterline easement is subject to, upon the
acceptance of Integrity Drive into the state system of highways, the issuance of a land use
permit by the Virginia Department of Transportation (VDOT) such that the existing
waterlines, sewer lines, storm drains and their appurtenances may continue to occupy, in
their current configuration, the area within the right -o -way boundary for Integrity Drive.
3. That conveyance of the property identified as "INTEGRITY DRIVE" on the
above reference plat to the Commonwealth of Virginia is hereby authorized and approved.
2
4. That in the event said existing facilities are subsequently not within the right-
of-way boundary due to street abandonment or realignment, the County will exert its prior
rights and the subject easements shall revert to the possession of the County of Roanoke.
5. That the County Administrator or any assistant county administrator is hereby
authorized to execute such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish this quitclaim and release of easement interests and
conveyance of property, all of which shall be on form approved by the County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of
Virginia (1950, as amended).
On motion of Supervisor Altizer to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
AC PY TESTE:
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Diane S. Childers, CMC
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
Paul Mahoney, County Attorney
I hereby certify that the foregoing is a true and correct copy of Ordinance 022205-10 adopted by the
Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 22,
2005.
Brenda J. Holton, Deputy Clerk
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 22, 2005
RESOLUTION 022205-11 AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR REGIONAL JAIL REIMBURSEMENT FUNDING TO
THE COMMONWEALTH OF VIRGINIA, BOARD OF CORRECTIONS
WHEREAS, Roanoke County, Franklin County, Montgomery County, and the
City of Salem have determined that a need exists to construct additional jail space to
supplement their current jail facilities, and
WHEREAS, these localities have contracted with Powell Consulting Services to
prepare a Community Based Corrections Plan and with Hayes, Seay, Mattern & Mattern
to develop a Planning Study as required by the Commonwealth of Virginia, Board of
Corrections, Standards for Planning, Design, Construction and Reimbursement of Local
Correctional Facilities , and
WHEREAS, these four localities have requested a waiver from the moratorium so
that the regional jail plan may be submitted to the Department of Corrections prior to
March 1, 2005 in accordance with §53.1-82.3 of the Code of Virginia (1950) as
amended, and be considered by the Board of Corrections for recommendation to the
Governor to be included in the 2006 budget for appropriation by the General Assembly,
and
WHEREAS, these four localities intend to negotiate a cooperative agreement and
to form an authority pursuant to §53.1-95.2 of the Code of Virginia (1950) as amended,
to construct and operate said regional jail on behalf of the four localities, and
WHEREAS, the proposed authority (or the localities) shall be eligible for
reimbursement of up to fifty percent (50%) of eligible project costs of the regional facility
pursuant to §53.1-81 of the Code of Virginia (1950) as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY,
1. That it hereby supports the submittal of an application by Roanoke
County, Franklin County, Montgomery County, and the City of Salem for the
construction, operation, and reimbursement of a regional jail to serve the correctional
needs of these localities, and requests favorable consideration of this application by the
Commonwealth of Virginia, Board of Corrections.
2. That it requests reimbursement from the Board of Corrections and the
Commonwealth of Virginia of 50% of the eligible project costs for the proposed regional
jail as provided in the Planning Study, pursuant to §53.1-81 of the Code of Virginia.
3. That it hereby authorizes the County Administrator, or his designee, to
execute such documents and to take such actions as may be necessary to accomplish
the purposes of this Resolution.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Flora, Altizer
NAYS: Supervisors Church, Wray
A COPY TESTE:
Diane S. C i ders, CMC
Clerk to the Board of Supervisors
cc: File
John Chambliss, Assistant County Administrator
Richard Huff, II, County Administrator, Franklin County
Clayton Goodman, III, County Administrator, Montgomery County
Forest Jones, City Manager, City of Salem
Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
Gerald Holt, Sheriff
2