HomeMy WebLinkAbout10/10/2017 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2017
RESOLUTION101017-1RECOGNIZING THE CAVE SPRING
TH
VOLUNTEER FIRE DEPARTMENTON THEIR 75ANNIVERSARY
WHEREAS, In 1942, fifteen (15) volunteers responded to the concerns of area
residents and businesses to organize the Cave Spring Volunteer Fire Department
(CSVFD)to reduce the average response timesin this part of Roanoke County. Using a
donated truck,which they converted to a pumper, they began the legacy which
continues today; and
WHEREAS, In the early years, businesses often allowed employees who
volunteered to serve the local community to leave work to respond to calls.Today that
is not the case so Roanoke County provides careerstaff at our station Monday –Friday,
6am-6pm. Evenings, weekends and holidays are covered by volunteers who give of
their time, talent and resources to train, respond to calls and stay at the station during
their duty hours to assure a timely response; and
WHEREAS, Roanoke County helps by providing the building, most vehicles,
much of the training, some of the fire-fighting gear, radio equipment, and safety
equipment used by our personnel. Today, the Cave Spring Volunteer Fire Department
has 35 members, six of whom are attending the volunteer academy to work towards
their certification to be able to fully serve; and
WHEREAS, CSVFD has chosento utilize Fire Prevention Week, October 8-14,
2017 to celebrate our Seventy-fifth anniversary of service to the Cave Spring
community. By doing so it will help us promote the national slogan of “Every Second
Counts –Plan 2 Ways Out,” which we encourage families to use for the home,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY OCTOBER 10, 2017
RESOLUTION101017-2RECOGNIZING THE CAVE SPRING RESCUE
TH
SQUAD AUXILIARY ON THEIR 50ANNIVERSARY
WHEREAS, the Cave Spring Rescue Squad Auxiliary (the“Auxiliary”) was
formed in 1967 and has provided 50 years of support to the Cave Spring Rescue
Squad (CSRS) crew and the larger community within the County of Roanoke; and
WHEREAS, the Auxiliary was originally founded to help the crew with the
kitchen, operate and answer the base radio to dispatch calls, raise money for equipment
and serve as hostesses to meetings andhas evolved into an organization that provides
support for the community at large; and
WHEREAS, the Auxiliary immediately started raising money and took charge of
the running of the now famous Chicken BBQ’s.They have purchased everything from
food for staffing during major weather events, furniture, appliances, and uniforms to
turn-out gear, extrication equipment, a rapid response Advanced Life Support (ALS)
licensed vehicle, and even halfof a new ambulance; and
WHEREAS, the Auxiliary’s reach is not just felt bythe Cave Spring Rescue
Squad. They have donated time and goods to the Lutheran Home, Hart Foundation,
Camelot Nursing home, Catawba and Southwestern State Hospital, Roanoke Rescue
Mission, Pheasant Ridge Nursing home, and the Ronald McDonald House. They have
provided clothing to local children for back to school, materials for local teachers and
students, boxes to service members overseas, and staffing for local precinct election
polls; and
WHEREAS, the Auxiliarytaught Cardiopulmonary Resuscitation(CPR)and First
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2017
RESOLUTION 101017-3CALLING ON STATE AND FEDERAL
REPRESENTATIVES TO IMMEDIATELY ADDRESS CONDITIONS
WHICH PLACE AT RISK THE HEALTH INSURANCE COVERAGE FOR
RESIDENTS OF ROANOKE COUNTY ENROLLED IN HEALTH CARE
PLANS SUPPORTED BY THE AFFORDABLE CARE ACT(ACA)
WHEREAS, health insurance coverage provided through the federal Affordable
Care Act (ACA) is the primary means for health care to some 70,000 residents of
southwest Virginia, a significant portion of which reside in Roanoke County; and
WHEREAS, announcements of insurance companies Aetna, Optima,and
Anthemindicatedthese companies wouldno longer offer individual health care policies
as part of the ACA Exchange Market in the Roanoke Valley; and
WHEREAS, the recent, last minute decision of Anthem to re-enter the market
after negotiatingsignificant concessions on plan pricing will allow Roanoke County
residents currently receiving health care services through the ACA to continue to
receive services at a much higher cost; and
WHEREAS, without the re-entering of Anthem into the exchange market, the
Roanoke and New River Valleys wouldhave,on January 1, 2018,achievedthe dubious
distinctionof being the only place in the United States where no ACA supported
insurance options existsfor individuals; and
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WHEREAS, the economic growth and vitality of Roanoke County and the
Roanoke Valley is dependent on the influx of new residents, self-employed
entrepreneurs and the maintenance of an existing small business workforce; and
WHEREAS, the inability of residents, entrepreneurs, and employees of small
businesses without company sponsored health insurance to secure andmaintain
affordable health care servicesthrough the ACAor similar program severely
disadvantages RoanokeCounty in the competition for new residents, entrepreneurs,
and business and further risks the continued economic decline ofthe people and
communities of Southwest Virginia; and
WHEREAS, political leaders at all levels of government must not only observe
the deficiencies of the ACA but proactively work to ensure that those receiving health
insurance care through this program may continue to have viable options for service,
regardless of where they may live; and
WHEREAS, the physical well-being of our citizens and the economic well-being
of our community are imperiled by policies which leave portions of the Virginia
Commonwealth without the options forhealth care services enjoyed by all other regions
of the country.
NOW THEREFORE BE IT RESOLVED, we the Roanoke County Board of
Supervisors request the immediate effort of our State and federal representatives to
ensure that the residents of Roanoke County, the surrounding Roanoke Valley and all
those areas of the Commonwealth at risk of losing access to ACA supported health care
have viable optionsfor service; and
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AT A REGULAR MEETING OF THEBOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 10, 2017
RESOLUTION 101017-4OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA REQUESTING THE VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRE A
PERFORMANCE BOND FROM THE DEVELOPERS OF THE
MOUNTAIN VALLEY PIPELINE TO ENSURE ADEQUATE
PROTECTION OF PUBLIC AND PRIVATE WATER SYSTEMS AND
REQUESTING THE EXTENSION OF THE PLAN REVIEW COMMENT
PERIOD
WHEREAS, over eight miles of the proposed Mountain Valley Pipeline (MVP)
would traverse very steep slopes with highly erodible soils in Roanoke County; and
WHEREAS, the required excavation is unprecedented for a utility project in
Roanoke County, and has the potential to cause severe erosion in vertically steep and
inhospitable mountainous terrain, and the volume of runoff from seasonal downpours
could exacerbate erosion causing substantial harm to water resources downstream
from the pipeline constructionarea; and
WHEREAS, the residents along the pipeline route in Roanoke County rely on
groundwater from wells, springs or rivers for their domestic water supplies; and
WHEREAS, the citizens are deeply concerned that construction of the proposed
Mountain Valley Pipeline could have severe negative consequences for the domestic
and agricultural water supplies of citizens with respect to potential erosion and
sedimentation of downstream areas; and
WHEREAS, in the highly variable karst geology of Roanoke County, sinkholes
and underground channels are potentially capable of carrying sediments and other
pollutants over long distances in some portions of the county where the pipeline’s
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construction has been proposed to occur which could damage springs, wells, and other
sources of drinking water; and
WHEREAS, the Virginia Department of Environmental Quality (DEQ) is
responsible for protecting water quality through the Section 401 Permitting Process
which includes review of erosion and sediment control and storm water management
plans from Mountain Valley Pipeline, LLC; and
WHEREAS, the citizens of Roanoke County and Roanoke County staff need
adequate time to process and provide meaningful plan review comments to DEQ.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Roanoke, Virginia that in consideration of the points made above, the Board
of Supervisors respectfully requests that:
1.The Virginia Department of Environmental Quality require a performance
bond from the Mountain Valley Pipeline, LLC to execute its role to adequately
oversee and manage the environmental aspects of the construction of the
pipeline project; and
2.That the performance bond be an adequate amount based upon the threat of
harm to public and private water systems, including wells and springs; and
3.That DEQ seek any other economic assurances from MVP to ensure liability
of the MVP to adequately protect the affected citizens; and
4.That DEQ extend its public comment period for the erosion and sedimentation
plans for the MVP project an additional 90 days.
FURTHER,that the Board of Supervisors of the County of Roanoke, Virginia
hereby directs the County Administrator to transmit this resolution to the Executive
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, OCTOBER 24, 2017
ORDINANCE 101017-5AMENDING ROANOKE COUNTY CODE
CHAPTER 16.1 -PRECIOUS METALS AND GEMS
WHEREAS, on April 13, 1982, the Board of Supervisors adopted Ordinance No.
3099, enacting Section 16.1 of the Roanoke County Code, which regulates dealers of
precious metals and gems in Roanoke County; and
WHEREAS, since it was last revised in 1992, the need for the adoption of several
amendments has been identified; and
WHEREAS, legal notice and advertisement has been provided as required by
law, the first reading of this ordinance was held on September 26, 2017, and the second
reading and public hearing were heldon October 24, 2017; and
NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of
Roanoke County, Virginia, that the precious metals and gems ordinance for Roanoke
County is hereby amended and reenacted as follows:
1.The Roanoke County Precious Metalsand Gems Ordinance is hereby
amended to read and provide as follows:
Chapter 16.1 –Precious Metals
ARTICLE I. -IN GENERAL
Secs. 16.1-1—16.1-20. -Reserved.
Sec. 16.1-21. -Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
For the purposes of this chapter, unless the context requires a different meaning:
Page 1of 11
Chief of Policemeans the Roanoke CountyPolice Chief or his designee.
Coinmeans any piece of gold, silver, or other metal fashioned into a prescribed shape,
weight, and degree of fineness, stamped by authority of a government with certain
marks and devices, and having a certain fixed value as money.
Dealermeans any person, firm, partnership or corporation engaged in the business of
(i) purchasing secondhand precious metals or gems; (ii) ,removing in any manner
precious metals or gems from manufactured articles not then owned by such person,
firm, partnership or corporation,; (iii)buying, acquiring or selling precious metals or
gems removed from such manufactured articles. "Dealer" Dealerincludes all employers
and principals on whose behalf a purchase is made, and shall mean any employee or
agent who makes any such purchase for or on behalf of his employer or principal.; each
person within a firm, partnership, or corporation that engages in the activities of a dealer
must obtain a permit.Thisdefinition shall not beconstrued so as to include persons
engaged in the following:
The definition of dealershall not include persons engaged in the following:
(1)1.Purchasesof precious metal or gems directly from other dealers, manufacturers,
or wholesalers for retail or wholesale inventories, provided the selling dealer has
complied with the provisions of this chapter.
(2) 2.Purchases of precious metals or gems from a duly qualified fiduciary who is
disposing of the assets of the estate being administered by such fiduciaryin the
administration of an estate.
(3) 3.Acceptance by a retail merchant of trade-in merchandise previously sold by such
retail merchant to the person presenting that merchandise for trade-in.
(4) 4.Repairing, restoring or designing jewelry by a retail merchant, if such activities
are within his normal course of business.
(5) 5.Purchases of precious metals or gems by industrial refiners and manufacturers,
insofar as such purchases are made directly from retail merchants, wholesalers, or
dealers or by mail originating outside the Commonwealth of Virginia.
6.(6)Persons regularly engaged in the business of purchasing and processing
nonprecious scrap metals which incidentally may contain traces of precious metals
recoverable as a by-product.
Gemsmeans precious or semiprecious stones customarily used in jewelry.
whether loose or in a setting.
Precious metalsmeans any item, except coins, composed in whole or in part of gold,
silver, platinum,or platinum alloys.
Sec. 16.1-22. -Violations of chapter generally.Penalties; first andsubsequent offenses.
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A.Any person convicted of violating any provisions of this chapter shall be guilty of a
Class 2 misdemeanor for the first offense. Upon conviction of any subsequent
offense, he shall be guilty of a Class 1 misdemeanor.
B.Upon the first conviction,by any court,of a dealer for violation of any provision of
this chapter, the chief of police may revoke his the dealer’s permit to engage in
business as a dealer under this chapter for a period of one full year from the date the
conviction becomes final. Such revocation by the chief of police shall be mandatory
for two full years from the date the conviction becomes final upon a second
conviction. Upon a third conviction, the dealer’s license shall be revoked
permanently; the dealer shall henceforth be ineligible to apply for a permit in the
County.
Sec. 16.1-23. -Chapter not applicable to sale or purchase of coins.
The provisions of this chapter shall not apply to the sale or purchase of coins.
Sec. 16.1-23.1. -Chapter not applicable tofinancial institutions.
The provisions of this chapter shall not apply to any bank or branch thereof, trust
company, or bank holding company, or any wholly-owned subsidiary thereof, engaged
in the business of buying and selling gold and silver bullion.
Sec. 16.1-24. -Waiver of article provisions for certain exhibitions and shows.
The chief of police may waive, by written notice, any provision of this chapter, except
section 16.1-28section 16.1-30, for particular numismatic, gem or antique exhibitions or
craft shows sponsored by nonprofit organizations, provided the purpose of the
exhibitions or shows is nonprofit in nature, notwithstanding the fact that there may be
casual purchases and trades made at such exhibitionsor shows.
ARTICLE II. -DEALERS
Sec. 16.1-285. -Identification of persons from whom purchases made.Credentials
and statement of ownership required from seller.
No dealer shall purchase precious metal or gems, without first (i) ascertaining the
identity of the seller,by requiring an identification card or document issued by a
governmental agency,with a photograph of the seller thereon, and at least one other
corroborating means of identification, and (ii) obtaining a statement of ownership from
the seller.
Sec. 16.1-25. -Inspection of records required by chapter and of articles listed in such
records.
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Every dealer or his employee shall admit to his place of business, during regular
business hours, the chief of police or officers of the police department, the sheriff or his
sworn deputies and any law-enforcement official of the state or federal governments.
The dealer or his employee shall permit such law-enforcement officer to (i) examine all
records required by this chapter, and any article listed in such a record which is believed
by the officer to be missing or stolen and (ii) search for and take into possession any
article known to him to be missing, or known or believed by him to have been stolen.
Sec. 16.1-296.-Record of purchases.Records to be kept; copy furnished to local
authorities.
(a) A.Every dealer shall keep, at his place of business,an accurate and legible record
of each purchase of precious metals or gems. The record of each such purchased
shall be retained by the dealer for not less than twenty-four (24) months. These
records shall set forth the following:
1.A photograph of each precious metal or gem purchased from each seller;
(1)2.A complete description of all precious metals or gems purchased from
each seller. The description shall include all names, initials, serial numbers,or
other identifying marks or monograms on each item purchased, the true weight
or carat of any gem,and the price paid for each item.;
(2) 3.The date,and time, and placeof receiving the item(s) spurchased.;
(3)4.The full name, residence address, work-placeaddress, home and work
telephone numbers, date of birth, age,sex, race, height, weight, haircolor, and
other identifying marks of the person selling the precious metals or gems;driver's
license number or social security number and signature of the seller.
5.Verification of identification of each seller through two forms of identification,one
of whichmust be a government-issued identification card bearing a photograph
of the person selling the precious metals or gems, such as a driver’s license or
military identification card. The record shall contain the types of identification
exhibited, the issuing agency/ies, and the numbers thereon;
(4)6.A statement of ownership from the seller.;
7.A receipt bearing the printed name and legible handwritten signature of the seller
or the person for whom the service of removal is performed, acknowledging such
sale or service;
8.A digital image of the form of identification used by the person involved in the
transaction; and
9.A digital image of the seller or of the person for whom the service of removal or
precious metals or gems is performed. The image shall show, at a minimum, the
part of the body from the chest to the top of the head of such person.
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(b) B.The information required by subdivisions (1) through (3) of subsection (a) above
A-1 through A-4shall appear on each bill of sale for all precious metals and gems
purchased by a dealer,and a copy shall be mailed or delivered, furnished to the
chief of police within twenty-four (24)hours of the time of purchase, to the office of
the chief of police. in a manner prescribed by the chief of police, which may include
electronic format. If the purchaseoccurs during a weekend, the furnishing of
documentation shall be made no later than 10:00 AM of the next regular County
workday.
C.A written copy of the bill of sale will be kept at the business with all documentation
requiredabove and available for review at any time by law enforcement.
D.Any one individual making more than three precious metal sales in a thirty (30) day
period shall be reported directly to the Police Department.
16.1-257.-Inspection of records required by chapter and of articles listed in such
records.
Sec. 16.1-27. –Officers may examine records or property; warrantless search and
seizure authorized.
Every dealer or his employee shall admit to his place of business, during regular
business hours, the chief of police orofficers of the police departmenthis designee, the
sheriff or his sworn deputies andor any law-enforcementofficialofficer of the state or
federal governments. The dealer or his employee shall permit such law-enforcement
allow the officer to (i) examine all records required by this chapter, and any article listed
insucha record which is believed by the officer to be missing or stolen and (ii) search
for and take into possession any article known or believed by him to be missingor
stolen.
Sec. 16.1-3028.-Prohibited purchases.
(a) A.No dealer shall purchase precious metals or gems from any person who is
under the age of eighteen (18) yearsof age.
(b) B. No dealer shall purchase precious metals or gems from any person seller who
the dealer believes, or has reason to believe, is not the owner of such items, unless
such person the seller has written and duly authenticated authorization from the
owner permitting and directing such sale.
(c) No dealer shall purchase or sell any precious metals or gems except at the place of
business as identified in the application required by section 16-42.
Sec. 16.1-26. -Bond or letter of credit.
(a) Every dealer, at the time of obtaining a permit under Article III of this chapter,
shall enter into a recognizance in favor of the board of supervisors, secured by a
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corporate surety authorized to do business in the commonwealth, in the penal
sum of ten thousand dollars ($10,000.00), conditioned upon due observance of
theterm of this chapter. In lieu of a bond, a dealer may cause to be issued, by a
bank authorized to do business in the commonwealth, a letter of credit in favor of
the board of supervisors, in the sum of ten thousand dollars ($10,000.00).
(b) A single bondupon an employer or principal may be written or a single letter
of credit issued under this section to cover all employees and all transactions
occurring at a single location.
(c) If any person shall be aggrieved by the misconduct of any dealer who has
violated the provision of this chapter, he may maintain an action for recovery in
any court of proper jurisdiction against such dealer and his surety, provided that
recovery against the surety shall be only for that amount of the judgment, if any,
which is unsatisfied by the dealer.
Sec. 16.1-27. -Notice of closing and reopening of business; location of business.
If the business of a dealer is not operated without interruption, Saturdays,
Sundays and recognized holidays excepted, for a period of not less than ten (10)
days, the dealer shall notify the chief of police of all closings and reopenings of
such business. The business of a dealer shall be conducted only from the fixed
and permanent location specified in his application for a permit under this
chapter.
Sec. 16.1-28. -Identification of persons from whom purchases made.
No dealer shall purchase precious metal or gems, without first ascertaining the
identity of the seller, by requiring an identification card or document issued by a
governmental agency, with a photograph of the seller thereon, and at least one
other corroborating means of identification, and obtaining a statement of
ownership from the seller.
Sec. 16.1-29. -Record of purchases.
(a) Every dealer shall keep, at his place of business an accurate and legible
record of each purchase of precious metals or gems. The record of each such
purchased shall be retained by the dealer for not less than twenty-four (24)
months. These records shall set forth the following:
(1) A complete descriptionof all precious metals or gems purchased from each
seller. The description shall include all names, initials, serial numbers or other
identifying marks or monograms on each item purchased, the true weight or carat
of any gem and the price paid for each item.
(2) The date and time of receiving the item(s) purchased.
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(3) The name, address, age, sex, race, driver's license number or social security
number and signature of the seller.
(4) A statement of ownership from the seller.
(b) The information required by subdivisions (1) through (3) of subsection (a)
above shall appear on each bill of sale for all precious metals and gems
purchased by a dealer and a copy shall be mailed or delivered, within twenty-four
(24) hours of the time of purchase, to the office of the chief of police.
Sec. 16.1-25. -Inspection of records required by chapter and of articles listed in
such records.
Every dealer or his employee shall admit to his place of business, during regular
business hours, the chief of police orofficers of the police department, the sheriff
or his sworn deputies andany law-enforcementofficialof the state or federal
governments. The dealer or his employee shall permit such law-enforcement
officer to (i) examine all records required by this chapter, and any article listed in
sucha record which is believed by the officer to be missing or stolen and (ii)
search for and take into possession any article known to him to be missing, or
known or believed by him to have been stolen.
Sec. 16.1-30. -Prohibited purchases.
(a) No dealer shall purchase precious metals or gems from any person who is
under the age of eighteen (18) years.
(b) No dealer shall purchase precious metals or gems from any person who the
dealer believes, or has reason to believe, is not the owner of such items, unless
such person has written and duly authenticated authorization from the owner
permitting and directing such sale.
(c) No dealer shall purchase or sell any precious metals or gems except at the
place of business as identified in the application required by section 16-42.
Sec. 16.1-3129.-Retention of purchasesDealer to retain purchases.
(a) A.AThe dealer shall retain all precious metals or gems purchased by him for a
minimum of ten (10) fifteen (15) calendar days from the date on which a copy of the
bill of sale is received by the chief of police.pursuant tosection 16.1-29. Until the
expiration of this period, the dealer shall not sell, alter,or dispose of a purchased
item, in whole or in part, or remove it from his place of business in the countyCounty.
(b) B.If a dealer performs the service of removing precious metals or gems, he shall
retain the metals or gems removed and the article from which the removal was made
for a period of ten (10) fifteen (15) calendar days after receiving such article and
precious metals or gems.
Sec. 16.1-32. -Record of sales.
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C.Each dealer shall keep and maintain,for at least twenty-four (24) months,an
accurate and legible record of the name and address of the person, firm, or
corporationto whom which he sells any precious metal or gem in its original form
after the fifteen (15) day waiting periodrequiredbysection 16.1-31. This record shall
also show the name and address of the person seller from whom the dealer
purchased such item.
ARTICLE III. -PERMIT
Sec. 16.1-2630.-Bond or letter of creditrequired of dealers when permit
obtained..
(a) A. Prior to submitting an application for permit, Eevery dealer, at the time of
obtaining a permit under Article III of this chapter, shall enter into a recognizanceto
theCounty,in favor of the board of supervisors, secured by a corporate surety
authorized to do business in the Ccommonwealth, in the penal sum of ten thousand
dollars ($10,000.00), $10,000.00,conditioned upon due observance of the termsof
this chapter. In lieu of a bond, a dealer may cause to be issued, by a bank
authorized to do business in the Ccommonwealth, a letter of credit in favor ofthe
the board of supervisorsCounty,in the sum of ten thousand dollars ($10,000.00). for
$10,000.00.
(b)B.A single bond upon an employer or principal may be written or a single letter of
credit issued under this section to cover all employees and all transactions occurring
at a single location.
(c) C. If aAny person shall be aggrieved by the misconduct of any dealer who has
which violated the provision of this chapter, hemay maintain an action for recovery
in any court of proper jurisdiction againstsuchthedealer and his surety,.provided
that rRecovery against the surety shall be only for that amount of the judgment, if
any, which is unsatisfied by the dealer.
Sec. 16.1-27.-Notice of closing and reopening of business; location of business.
If the business of a dealer is not operated without interruption, Saturdays, Sundays and
recognized holidays excepted, for a period of not less than ten (10) days, the dealer
shall notify the chief of police of all closings and reopenings of such business. The
business of a dealer shall be conducted only from the fixed and permanent location
specified in his application for a permit under this chapter.
Sec. 16.1-3141.-Permit required;postingmethod of obtaining permit; method of
permit renewal; revocation of permit..
A.No person shall engage in the activities of a dealer in the countyCountyas defined
bysection 16.1-21,unless he has a current without first obtaining a permit so to do
issued by the from the chief of police.pursuant to this article.No purchase or sale
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permitted by this chapter shall be lawful unless and until such permit is prominently
posted at the dealer's place of business.
Sec. 16.1-42. -Application fee.
B.Any person desiring a permit The permit required by this article shall file with be
issued by the chief of policeupon payment of a $200.00 application fee made
payable to “Treasurer, Roanoke County” and upon satisfaction of the requirements
of this section. To obtain apermit, the dealer shall file with the chief of police an
application form,which shall includesthe dealer's full name,and any aliases,and his
address, age, sex, race, Social Security Number, and date of birth,age,social
security number, sex, and fingerprints; the name, address, and telephone number of
the applicant's employer, if any; andthe location of the applicant'sdealer’splace of
business.; and written authorization to conduct a background investigation and
fingerprints.Such application shall be accompanied by an application fee of two
hundred dollars ($200.00), payable to "Treasurer, Roanoke County." The applicant
must sign and date the application and certify that the information contained in the
application is true and correct. A permit shall not be issuedif the applicant hasbeen
convicted of a felony or crime of moral turpitude within the last ten (10) years prior to
the date of application,or if the applicant is presently under investigationforthe
same. The permit shall be denied if the applicant has been denied a permit or has
had a permit revoked under any ordinance similar in substance tothe provisions of
this chapter.
C.Before a permit required by this article may be issued, theapplicantdealermust
have all weighing devicesthat will be used in his business inspected and approved
bycountylocalor state weights and measures officials and present written evidence
of such approval to the chief of police. As a condition for renewal of any permit, as
permitted undersection 16.1-46, each dealer shall provide written evidence of an
inspection and approval within thirty (30) days prior to such renewal date.
D.A permit issued under this article shall be valid for one (1) yeartwelve (12) months
from the date issued, unless sooner revoked,and may be renewed in the same
manner as such permit was initially obtained, with an annual permit fee of two
hundred dollars($200.00).No permit issued under this article shall be transferable.
E.The permit shall be a personal privilege and shall not be transferable. The dealer
shall at all times prominently display the permit on his business premisesin the
County.
F.If the dealer does not operate continuously at the same location when he obtains the
permit, he shall notifythe Cchief of Ppolice when he ceases or renews operations,or
upon change of his location. Failure to operate on weekends or holidays shall not
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be construed as ceasing or discontinuing operation. The dealer shall conduct his
business only from the fixed and permanent location in the Countyspecified in his
application for a permit.If the business of a dealer is not operated without
interruption, Saturdays, Sundays and recognized holidays excepted, for a period of
not less than ten (10) days, the dealer shall notify the chief of police of all closings
and reopenings of such business. The business of a dealer shall be conducted only
from the fixed and permanent location specified in his application for a permit under
this chapter.
G.The chief of police may waive the permit fee for retail merchants that are required to
be licensed as pawnbrokers under Chapter 40 (§ 54.1-4000 et seq.)of the Code of
Roanoke County.
Sec. 16.1-43. -Applicant's weighing devices to be inspected and approved.
Sec. 16.1-44. -Issuance or denial.
Upon the filing of a proper application for a permit under this article and
compliance with the provisions of thisarticle and ofsection 16.1-26, the applicant
shall be issued a permit by the chief of police, provided the applicant has not
been convicted of a felony or crime of moral turpitude within seven (7) years prior
to the date of application.The permit shall be denied if the applicant has been
denied a permit or has had a permit revoked under this chapter or any ordinance
of this county or another jurisdiction similar in substance to the provisions of this
chapter. Any false or misleading information provided on the application form
required bysection 16.1-42may be grounds for denial of a permit.
Sec. 16.1-45. -Not transferable.
No permit issued under this article shall be transferable.
Sec. 16.1-46. -Term; renewal.
A permit issued under this article shall be valid for one (1) year from the date
issued, unless sooner revoked, and may be renewed in the same manner as such
permit was initially obtained, with an annual permit fee of two hundred dollars
($200.00).
Sec. 16.1-47. -Revocation.
Upon the first conviction, by any court, of a dealer for violation of any provision of this
chapter, the chief of police may revoke his permit to engage in business as a dealer
under this chapter for a period of one full year from the date the conviction becomes
final. Such revocation by the chief of police shall be mandatory upon a second
conviction.
ARTICLE IV.-SEVERABILITY
Sec. 16.1-48.32-Severability.
Page 10of 11
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, OCTOBER 24,2017
ORDINANCE101017-6APPROVING AN EXTENSIONOF ANINTER-
GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ROANOKE,
THE CITY OF SALEM AND THE COUNTY OF ROANOKE FOR THE
ESTABLISHMENT OF A REGIONAL COLLISION CENTER WITH
ROANOKEACCIDENT SUPPORT SERVICES, LTD
WHEREAS, on February 23, 2016, the Board of Supervisors approved an
agreement with Roanoke Accident Support Services (RASS) to establish a crash
reporting center (CRC) to serve Roanoke County, Roanoke Cityand the City of Salem;
and
WHEREAS,the CRC was opened in September of 2016 and since that time, the
Police Department has referred approximately 25% of reportable property damage
crashes to the CRC, saving many hours of officer time, and citizenswho have used the
CRC to report crashes have provided overwhelmingly positivefeedback about their
experience; and
WHEREAS,the eighteen-month pilot project authorized by the agreement
expires on November 30, 2017; and
WHEREAS,pursuant to Article III, section 3-1 of the agreement, all parties desire
to extend the agreement until November 30, 2021. Accordingly, a First Supplement to
the Roanoke Valley Regional Collision Reporting Center Agreement has been
proposed; and
WHEREAS, in addition to extending the agreement, and based on the pilot
phase of implementation, the following items have been included in the First
Supplement to the Agreement:
Page 1of 3
1.RASS will provide computer tablets to each participating agency so that
photographs taken at crash scenesby police officerscan be uploaded to the
CRC. RASS has agreed to maintain these photos as required by the Code of
Virginia and make them available to the participatingagencies. The purpose
of this practice isto eliminate the need to tow vehicles to the CRC.
2.During the term of the agreement, RASS will not provide towing or storage
services to any third party within the Roanoke Valley. This amendment is
designed to clarify RASS’s position and to eliminate a potentialconflict of
interest; however, RASS has never expressed any desire or made any
attempt to provide these services.
NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of
Roanoke County, Virginia, asfollows:
1.That the First Supplement to the Roanoke Valley Regional Collision Center
Agreement with Roanoke Accident Support Services, Ltd. is approved.
2.That the County Administratoror his designeeis hereby authorized to
execute theFirst Supplement to theRoanoke Valley Regional Collision
Center Agreement upon such form as approved by the County Attorney.
3.That this ordinance shall be in full force and effect from and after its passage.
On motion of Supervisor McNamara to adopt the ordinance, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES:Supervisors Assaid, Hooker, Peters, McNamara
NAYS:None
ABSENT:Supervisor Bedrosian
Page 2of 3
ACTION NO. A-101017-7.c
ITEM NO. J-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:October 10, 2017
AGENDA ITEM:Designation of voting delegate to the Virginia Association of
Counties (VACo) Conference to be held November 11-14,
2017
SUBMITTED BY:Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY:Thomas C. Gates
County Administrator
ISSUE:
Designation of voting delegate to VACo
BACKGROUND:
The Virginia Association of Counties' (VACo) annual conference will be held November
11-14, 2017. They have requested that each county designate a representative of its
Board of Supervisors as well as an alternate to cast its votes at the annual business
meeting on Tuesday, November 14, 2017. The voting credentials form must be
submitted to VACo by November 1, 2017.
DISCUSSION:
Vice Chairman Joseph P. McNamara will be attending the conference and it is
recommended that he be appointed as Roanoke County's voting representative for
2017. Additionally, it is recommended that Ruth Ellen Kuhnel, County Attorney, be
designated as the alternate.
FISCAL IMPACT:
There is no fiscal impact associated with this Board action.
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STAFF RECOMMENDATION:
Staff recommends appointing Joseph P. McNamara and Ruth Ellen Kuhnel as the
voting representatives for 2017.
VOTE:
Supervisor Petersmoved to approve the staff recommendation to appoint the voting
representatives. Supervisor Hookerseconded the motion. Motion approved.
YesNoAbsent
Mr. Assaid
Mr. Bedrosian
Ms. Hooker
Mr. Peters
Mr. McNamara
cc:Joseph P. McNamara, Chairman
Ruth Ellen Kuhnel, County Attorney
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ACTION NO. A-101017-7.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:October 10, 2017
AGENDA ITEM:Request to accept donated ammunitionto the Roanoke
County Police Department from Walmart
SUBMITTED BY:Howard B. Hall
Chief of Police
APPROVED BY:Thomas C. Gates
County Administrator
ISSUE:
Acceptance of a donation from WalMart to the Roanoke County Police Department.
BACKGROUND:
WalMart has recently contacted the Roanoke County Police Department to offer a
donation of firearm ammunition that had been erroneously received at one of their retail
stores and could not be returned to the manufacturer. Staff consulted with the Federal
Department of Alcohol Tobacco and Firearms and there are no prohibitions against
accepting this donation. The retail value of the ammunition is $292.
DISCUSSION:
Receipt of this donation requires Board authorization. The Police Department has
indicated the ammunition can be utilized and accepting the donation will offset future
expenses of the Department.
FISCAL IMPACT:
There is no fiscal impact to the County that results from accepting the donation.
Accepting the donation will permit nominal future cost avoidance.
Page 1of 2
STAFF RECOMMENDATION:
Staff recommends acceptance of this donation.
VOTE:
Supervisor Petersmoved to approve the staff recommendation to approving the
donation.Supervisor Hookerseconded the motion. Motion approved.
YesNoAbsent
Mr. Assaid
Mr. Bedrosian
Ms. Hooker
Mr. Peters
Mr. McNamara
cc:Howard B. Hall, Chief of Police
Mary Beth Nash, Senior Assistant County Attorney
Page 2of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2017
RESOLUTION 101017-7.aEXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TODAVID G.
MCMILLAN,POLIC OFFICER-COMMANDER-CID,UPON HIS
RETIREMENT AFTER THIRTY-ONE(31)YEARS OF SERVICE
WHEREAS,Commander McMillanwas employed by Roanoke County on August 9,
1986; and
WHEREAS,Commander McMillanretired onOctober1, 2017, after thirty-oneyears
and two monthsofdevoted, faithful and expertserviceto Roanoke County; and
WHEREAS,during Commander McMillan’stenure with Roanoke County, he has
served with professionalism and dedication in providing services to the citizens of Roanoke
County; and
WHEREAS, during Commander McMillan’stime with the Roanoke County Police
Departmenthe served the County as a patrol officer and as a detective before becoming a
supervisor, moving through the ranks of Sergeant, Lieutenant, and finally to Commander.
At one time or another, he served in every Division in the Police Department and received
numerous commendations for outstanding work performance and accolades from citizens
who he helped throughout his career.During his tenure, he was responsiblefor a number
of projectsand innovationsthat improved the delivery of law enforcement servicesto
County residentsas well astrainingfor County officers, including, notably, overseeing
construction of the County's weapons training facility.
WHEREAS,NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County toDAVID G. MCMILLANfor more than thirty-oneyears of capable,
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2017
RESOLUTION 101017-7.bEXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TOSHEILA S.
OBENCHAIN,HUMAN RESOURCE SPECIALIST I,UPON HER
RETIREMENT AFTER THIRTY (30)YEARS OF SERVICE
WHEREAS,Ms. Obenchainwas employed by Roanoke County on October 5, 1987,
on a full-time basis; and
WHEREAS,Ms. ObenchainretiredonOctober1, 2017, after thirtyyears of
devoted, faithful and expertserviceto Roanoke County; and
WHEREAS,during Ms. Obenchain’stenure with Roanoke County, sheserved with
professionalism and dedication in providing services to the citizens of Roanoke County;
and
WHEREAS, Ms. Obenchain worked in several positions with the Roanoke County
Sheriff’s Office, including assisting with the inmate educational program and as a control
room operator prior to joining the Roanoke County Human Resources Department; and
WHEREAS,during Ms. Obenchain’s time in Human Resources, she assisted
countless employees with benefit and retirement issues, helped to create policies and
procedures, and assisted with the transition from written recording keeping to digital files
and records; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County toSHEILA S. OBENCHAINfor thirtyyears of capable, loyal and dedicated service
to Roanoke County; and
Page 1of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY,OCTOBER 10, 2017
RESOLUTION 101017-7APPROVINGAND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORSAGENDA FOR
THIS DATE DESIGNATED AS ITEM J-CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for October 10,
2017,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 through5
inclusive, as follows:
1.Approval of minutes –August 22, 2017
2.Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to David G. McMillan, Police Officer-Commander-CID, upon his
retirement after thirty -one (31) years of service
3.Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Sheila S. Obenchain, Human Resources Specialist I, upon her
retirement after thirty (30) years of service
4.Designation of voting delegate to the Virginia Association of Counties (VACo)
Conference to be held November 11-14, 2017
5.Request to accept donated ammunition to the Roanoke County Police
Department from Walmart
Page 1of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2017
RESOLUTION 101017-8CERTIFYING 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 member’s 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.
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