HomeMy WebLinkAbout10/10/2017 - Regular
October 10, 2017
357
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of October 2017. Audio and video recordings
of this meeting will be held on file for a minimum of five (5) years in the office of the
Clerk to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order an invocation was given by Father
Tom Reeves of the Church of St. Peter and St. Paul. The Pledge of Allegiance was
recited by all present.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:03 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Joseph P. McNamara, Supervisors George G.
Assaid, Martha B. Hooker and P. Jason Peters
MEMBERS ABSENT: Supervisor Al Bedrosian
STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R.
O’Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Ruth Ellen
Kuhnel, County Attorney; Amy Whittaker, Public Information
Officer and Deborah C. Jacks, Chief Deputy Clerk to the
Board
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Thomas C. Gates, County Administrator added as agenda item N-1 a
work session to discuss Roanoke County’s Legislative Program and preparation for the
2018 session of the Virginia General Assembly. There were no objections.
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IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of the Cave Spring Volunteer Fire Department on
their 75th anniversary (Stephen G. Simon, Chief of Fire and
Rescue)
Chief Simon and Volunteer Chief John Chambliss recognized the Cave
Spring Fire department. Resolution was read by the Clerk to the Board.
RESOLUTION 101017-1 RECOGNIZING THE CAVE SPRING
TH
VOLUNTEER FIRE DEPARTMENT ON THEIR 75
ANNIVERSARY
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 times in 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 career staff 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 chosen to 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,
business, or place that they may visit to help keep their family safe; and
WHEREAS, The Cave Spring Volunteer Fire Department thanks Roanoke
County, the Fire and Rescue Department and the residents of the Cave Spring
Community for their continued support and for allowing them the privilege to serve and
to protect the residents, property and visitors of this area.
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 to The Cave Spring Volunteer Fire Department for seventy-five
(75) years of dedicated service to the Roanoke County community; and
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FURTHER, the Board of Supervisors does express its best wishes continued
success in the future.
On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
2. Recognition of the Cave Spring Rescue Squad Auxiliary 50th
Anniversary (Stephen G. Simon, Chief of Fire and Rescue)
Chief Simon recognized the Axillary members in attendance. Resolution
was read by the Clerk to the Board.
RESOLUTION 101017-2 RECOGNIZING THE CAVE SPRING RESCUE
TH
SQUAD AUXILIARY ON THEIR 50 ANNIVERSARY
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 and has 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 half of a new ambulance; and
WHEREAS, the Auxiliary’s reach is not just felt by the 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 Auxiliary taught Cardiopulmonary Resuscitation (CPR) and First
Aid courses, provided well-being checks at local events, and compiled pamphlets for
distribution on Lawn Mower safety and Life Saving Facts.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
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of Roanoke County to THE CAVE SPRING RESCUE SQUAD AUXILIARY for fifty (50)
years of dedicated service to the Roanoke County community; and
FURTHER, the Board of Supervisors does express its best wishes continued
success in the future.
On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
3. Proclamation declaring October 22-28, 2017, as Red Ribbon Week
in the County of Roanoke (Roanoke Area Youth Substance Abuse
Coalition)
Karen Pillis, Chairman of RAYSAC and Tracey Coltrain, Director were in
attendance to receive the proclamation, which was read by the Clerk to the Board.
IN RE: BRIEFINGS
1. Briefing to update the Board of Supervisors on medical protocols
in the Roanoke County jail (Eric Orange, Sheriff)
Sheriff Orange provided the briefing.
IN RE: NEW BUSINESS
1. Resolution calling 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)
(Joseph P. McNamara, Chairman of the Board of Supervisors)
Chairman McNamara outlined the request for resolution and commented
he feels it is incumbent upon the Board to push our representatives. There was no
discussion.
RESOLUTION 101017-3 CALLING ON STATE AND FEDERAL
REPRESENTATIVES TO IMMEDIATELY ADDRESS
CONDITIONS WHICH PLACE AT RISK THE HEALTH
INSURANCE COVERAGE FOR RESIDENTS OF ROANOKE
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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
Anthem indicated these companies would no 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 negotiating significant 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 would have, on January 1, 2018, achieved the dubious
distinction of being the only place in the United States where no ACA supported
insurance options exists for individuals; and
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 and maintain
affordable health care services through the ACA or similar program severely
disadvantages Roanoke County in the competition for new residents, entrepreneurs,
and business and further risks the continued economic decline of the 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 for health 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 options for service; and
BE IT FURTHER RESOLVED, the Roanoke County Board of Supervisors
request our State and Federal representatives proactively seek a reasonable,
sustainable public policy solution to the provision of health care that does not create
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service coverage gaps which force individuals to choose the geographic location of their
residence or business based on the availability of basic health insurance protections;
and
FURTHER, The Board of Supervisors directs the County Clerk to provide
attested copies of this resolution to The Honorable Paul Ryan, Speaker of the United
States House of Representatives, The Honorable Bob Goodlatte, Chairman of the
House Judiciary Committee, The Honorable Mitch McConnell, Senate Majority Leader
of the United States Senate, The Honorable Mark Warner, United States Senator, and
The Honorable Tim Kaine, United States Senator.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
2. Resolution requesting the Department of Environmental Quality
(DEQ) to require a water quality performance bond for the
Mountain Valley Pipeline (MVP) project as part of its Section 401
Certification process and requesting that DEQ extend the public
comment period for project plan review by an additional 90 days
(Richard Caywood, Assistant County Administrator)
Mr. Caywood outlined the request for the resolution. There was no
discussion.
Chairman McNamara allowed the following speakers to speak under this
agenda item.
Bonnie Law stated she is from Franklin County and her address is P. O.
Box 312 Boones Mill, Virginia. She worked at Roanoke County the majority of her
working career. She is here today to share some undated information about EQT
Corporation and MVP. EQT being the parent company of MVP and is headquartered in
Pittsburg, Pennsylvania. MVP being the Mountain Valley Pipeline LLC, a private,
limited liability corporation and subsidiary of EQT with origination in Delaware. EQT is
basically one part a petroleum and natural gas company and another part a pipeline
company. EQT announced a potential merger with Energy Rice this year, 2017. This
announcement was met with pretty swift and decisive action by a New York hedge fund
group, Janna Partners, who has basically tried to block this merger and now wants to
split up EQT Corporation. Based on the enormous pressure from Janna Partners, EQT
has unresolved issues regarding this merger and is basically trying to figure out exactly
what to do with the company within the upcoming year. EQT obviously has multiple
options they are reported considering, one being to sell or spin off their Pipeline
business prior to the merger into a new entity with a new Board of Directors.
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A second hedge fund group, one month ago in September 2017, D.E. Shaw and
Company has also stepped up to demand that EQT split the company after the merger
and then spin off the pipeline business. It seems to be the used car analogy that selling
individual parts being worth more money than the sum of the whole appears to be the
hedge fund’s argument at this moment. EQT’s next income for 2016 was approximately
-$453 million loss after net profit of approximately $85 million profit in 2015 and may be
on tract to lose much more this year. EQT Corporation is facing a multitude of problems
right now, so she just wanted to let the Board know that the EQT that you are dealing
with today may not be the EQT of 2018. The MVP of today may not even exist or be
the MVP of 2018. Remember, a private limited liability corporation originated in
Delaware can simply just decide to close the books and disappear as others have
previously stated. She felt it was vital to bring to the Board’s attention based on liability
and mitigation questions, concerns and responsibilities. Post any pipeline construction
and the fact that Virginia does not have a current, clear abandoned pipeline law.
Roberta Bondurant of 11577 Bottom Creek Road expressed appreciation to staff
for the work that they have done in preparing this request for bond and in their
communications with citizens; not just from Roanoke County, but from counties across
the line. In the Pipeline committee meeting last week, she sensed that staff was very
respectful and generous of citizens across the MVP. Folks who, from all different walks
of life, have done a good deal, three years’ worth of homework, and in that some of the
information coming to them bore out an understanding of the requests that are being
made today, particularly with regard to bonding. She highlighted one of the comments
of her neighbors, Jennie Chapman, explaining and repeating what has been said in the
press that Dwayne D’Ardenne, Stormwater Utility Manager for Roanoke City, reported
to City Council last month that Roanoke City could expect at a minimum, 2% increase in
sedimentation and Ms. Chapman indicated he is wise not to put stock in those
estimates because we have seen, as she saw for example in Franklin County, lay down
yard hearing that MVP representatives came to that hearing representing, for example,
a hundred to a hundred and twenty five trucks daily would pass that yard. It became for
clear in the hearing that it was more like 1,000 to 1,400 trucks. The hearing went on like
that and so again, with regard to this Bond with regard to any future MOA or permitting
decision, we appreciate the time given and appreciate the request for an additional
ninety (90) days.
RESOLUTION 101017-4 OF 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
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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 construction area; 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
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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Director of the Virginia Department of Environmental Quality and to the Federal Energy
Regulatory Commission.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the granting of a public sanitary sewer
easement to the Western Virginia Water Authority on property
owned by the Roanoke County Board of Supervisors located at
6842 Walrond Drive, Hollins Magisterial District (Doug Blount,
Director of Parks, Recreation and Tourism)
Mr. Blount outlined the request for the ordinance. There was no
discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading for October 24, 2017, was seconded by Supervisor Hooker and
approved by the following vote:
AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
2. Ordinance accepting and appropriating funds in the amount of
$234,316, and authorizing the execution of project administration
agreements for the Merriman Road Drainage Project (David
Holladay, Planning Administrator)
Mr. Holladay outlined the request for the ordinance. There was no
discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading for October 24, 2017, was seconded by Supervisor Hooker and
approved by the following vote:
AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
ABSENT: Supervisor Bedrosian
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IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance amending Roanoke County Code Chapter 16.1 -
Precious Metals and Gems (Howard B. Hall, Chief of Police; Peter
Lubeck, Senior Assistant County Attorney)
Chief Hall advised there were no changes from the first reading.
Chairman McNamara opened and closed the public hearing with no
citizens to speak on this agenda item. There was no discussion.
ORDINANCE 101017-5 AMENDING 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 held on 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 Metals and 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.
For the purposes of this chapter, unless the context requires a different meaning:
Chief of Police means the Roanoke County Police Chief or his designee.
Coin means 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.
Dealer means 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 includes all employers and principals
on whose behalf a purchase is made, and any employee or agent who makes any
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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.
The definition of dealer shall not include persons engaged in the following:
1. Purchases of 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. Purchases of precious metals or gems from a duly qualified fiduciary who is
disposing of the assets of the estate being administered by such fiduciary.
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. Repairing, restoring or designing jewelry by a retail merchant, if such activities are
within his normal course of business.
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. 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.
Gems means precious or semiprecious stones customarily used in jewelry.
Precious metals means any item, except coins, composed in whole or in part of gold,
silver, platinum, or platinum alloys.
Sec. 16.1-22. - Penalties; first and subsequent offenses.
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 of a dealer for violation of any provision of this chapter, the
chief of police may revoke the dealer’s permit for one full year from the date the
conviction becomes final. Such revocation 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 to financial 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 16.1-28, for particular numismatic, gem or antique exhibitions or craft shows
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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 exhibitions or shows.
ARTICLE II. - DEALERS
Sec. 16.1-25. - 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 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. 16.1-26. - Records to be kept; copy furnished to local authorities.
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;
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;
3. The date, time, and place of receiving the items purchased;
4. The full name, residence address, work-place address, home and work
telephone numbers, date of birth, sex, race, height, weight, hair color, and other
identifying marks of the person selling the precious metals or gems;
5. Verification of identification of each seller through two forms of identification, one
of which must 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;
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.
B. The information required by subdivisions A-1 through A-4 shall appear on each bill of
sale for all precious metals and gems purchased by a dealer, and a copy shall be
furnished to the chief of police within twenty-four (24) hours of the time of purchase,
in a manner prescribed by the chief of police, which may include electronic format. If
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the purchase occurs 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
required above 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.
16.1-27. - 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 or his designee or any law-enforcement officer of the
state or federal government. The dealer or his employee shall allow the officer to (i)
examine all records required by this chapter, and any article listed in a 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 missing or stolen.
Sec. 16.1-28. - Prohibited purchases.
A. No dealer shall purchase precious metals or gems from any person who is under
eighteen (18) years of age.
B. No dealer shall purchase precious metals or gems from any seller who the dealer
believes, or has reason to believe, is not the owner of such items, unless the seller
has written and duly authenticated authorization from the owner permitting and
directing such sale.
Sec. 16.1-29. - Dealer to retain purchases.
A. The dealer shall retain all precious metals or gems purchased by him for a minimum
of fifteen (15) calendar days from the date on which a copy of the bill of sale is
received by the chief of police. 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 County.
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 fifteen (15) calendar days after receiving such article and precious metals
or gems.
C. Each dealer shall maintain for at least twenty-four (24) months an accurate and
legible record of the name and address of the person, firm, or corporation to which
he sells any precious metal or gem in its original form after the fifteen (15) day
waiting period. This record shall also show the name and address of the seller from
whom the dealer purchased such item.
ARTICLE III. - PERMIT
Sec. 16.1-30. - Bond or letter of credit required of dealers when permit obtained.
A. Prior to submitting an application for permit, every dealer shall enter into a
recognizance to the County, secured by a corporate surety authorized to do
business in the Commonwealth, in the penal sum of $10,000.00, conditioned upon
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due observance of the terms 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 County, for $10,000.00.
B. A single bond upon an employer or principal may be written or a single letter of
credit issued to cover all employees and all transactions occurring at a single
location.
C. Any person aggrieved by the misconduct of any dealer which violated the provision
of this chapter may maintain an action for recovery in any court of proper jurisdiction
against the dealer and his surety. Recovery against the surety shall be only for that
amount of the judgment which is unsatisfied by the dealer.
Sec. 16.1-31. - Permit required; method of obtaining permit; method of permit
renewal; revocation of permit.
A. No person shall engage in the activities of a dealer in the County as defined by
section 16.1-21, without first obtaining a permit from the chief of police.
B. The permit required by this article shall be issued by the chief of police upon
payment of a $200.00 application fee made payable to “Treasurer, Roanoke County”
and upon satisfaction of the requirements of this section. To obtain a permit, the
dealer shall file with the chief of police an application form which includes the
dealer's full name, any aliases, address, age, sex, race, Social Security Number,
and date of birth; the name, address, and telephone number of the applicant's
employer, if any; the location of the dealer’s place of business; and written
authorization to conduct a background investigation and fingerprints. 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 issued if the applicant has been
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 investigation for the
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 to the provisions of
this chapter.
C. Before a permit may be issued, the dealer must have all weighing devices that will
be used in his business inspected and approved by local or state weights and
measures officials and present written evidence of such approval to the chief of
police.
D. A permit issued under this article shall be valid for twelve (12) months from the date
issued and may be renewed in the same manner as such permit was initially
obtained, with an annual permit.
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 premises in the
County.
F. If the dealer does not operate continuously at the same location when he obtains the
permit, he shall notify the Chief of Police when he ceases or renews operations, or
October 10, 2017
371
upon change of his location. Failure to operate on weekends or holidays shall not
be construed as ceasing or discontinuing operation. The dealer shall conduct his
business only from the fixed and permanent location in the County specified in his
application for a permit.
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.
ARTICLE IV. - SEVERABILITY
16.1-4832- Severability.
The sections, paragraphs, sentences, clauses and phrases of this chapter are
severable, and if any phrase, clause, sentence, paragraph or section of this chapter
shall be declared unconstitutional or invalid by the valid judgment or decree of a court of
competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs and
sections of this chapter shall remain valid.
ARTICLE V. - APPEALS
16.2-33. Appeals
An appeal from the decision of the chief of police to deny an application or to revoke a
permit shall be made in writing to the County administrator within seven (7) days of the
receipt of a decision. The appeal shall state the specific grounds for the appeal. The
County administrator or his designee shall hold a hearing within a reasonable time from
the receipt of the appeal. At the hearing, the applicant or permit holder may be
represented by counsel, may cross-examine witnesses and may present evidence in his
favor. The decision of the County administrator shall be final.
2. This ordinance shall be in full force and effect from and after its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
IN RE: SECOND READING OF ORDINANCES
1. Ordinance approving an extension of an Intergovernmental
Agreement between the City of Roanoke, the City of Salem and
the County of Roanoke for the establishment of a regional
collision center with Roanoke Accident Support Services, LTD
(Howard B. Hall, Chief of Police; Peter Lubeck, Senior Assistant
County Attorney)
October 10, 2017
372
Chief Hall advised there were no changes from the first reading and
commented that Roanoke City passed their ordinance last week. There was no
discussion.
ORDINANCE 101017-6 APPROVING AN EXTENSION OF AN
INTER-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 ROANOKE ACCIDENT 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 City and 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 citizens who have used the
CRC to report crashes have provided overwhelmingly positive feedback 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:
1. RASS will provide computer tablets to each participating agency so that
photographs taken at crash scenes by police officers can 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 participating agencies. The purpose
of this practice is to 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 potential conflict 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, as follows:
October 10, 2017
373
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 Administrator or his designee is hereby authorized to
execute the First Supplement to the Roanoke 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
IN RE: CONSENT AGENDA
RESOLUTION 101017-7 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:
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
through 5 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
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
October 10, 2017
374
ABSENT: Supervisor Bedrosian
RESOLUTION 101017-7.a 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
WHEREAS, Commander McMillan was employed by Roanoke County on August
9, 1986; and
WHEREAS, Commander McMillan retired on October 1, 2017, after thirty-one
years and two months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Commander McMillan’s tenure with Roanoke County, he has
served with professionalism and dedication in providing services to the citizens of
Roanoke County; and
WHEREAS, during Commander McMillan’s time with the Roanoke County Police
Department he 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 responsible for a number of projects and innovations that improved the delivery of
law enforcement services to County residents as well as training for 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 to DAVID G. MCMILLAN for more than
thirty-one years of capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
RESOLUTION 101017-7.b EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO SHEILA S. OBENCHAIN, HUMAN RESOURCE SPECIALIST
I, UPON HER RETIREMENT AFTER THIRTY (30) YEARS OF
SERVICE
October 10, 2017
375
WHEREAS, Ms. Obenchain was employed by Roanoke County on October 5,
1987, on a full-time basis; and
WHEREAS, Ms. Obenchain retired on October 1, 2017, after thirty years of
devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Ms. Obenchain’s tenure with Roanoke County, she served
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 to SHEILA S. OBENCHAIN for thirty years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
A-101017-7.c
A-101017-7.d
IN RE: REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion was seconded by Supervisor Peters and carried by the following recorded
vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
October 10, 2017
376
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Treasurer's Statement of Accountability per Investment and
Portfolio Policy as of July 31, 2017
4. Treasurer's Statement of Accountability per Investment and
Portfolio Policy as of August 31, 2017
5. Proclamation declaring the month of October as Fire Prevention
Month in Roanoke County
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Peters thanked the employees for what they do each and
every day and thanked the Sheriff to take the initiative to recognize the need in the jail
for additional training for his officers to do what they need to do to help the lives of
people out there that cannot help themselves. So, he does commend them on that.
Supervisor Hooker stated Virginia’s Blue Ridge Works has a flier
regarding an apprenticeship and workforce summit that is coming on Friday, October
20, 2017, from 8:00 a.m. to 12:45 and it is an opportunity for approximately 2,000
employers, who will be at this event to benefit the registered apprenticeship program. It
will be at the Hotel Roanoke and Conference Center. There is a complimentary lunch
and the keynote speaker is Ron Painter, CEO of National Association of Workforce
Boards and to register for free that ask that you please do to vvrwork.org/events and the
registration deadline is for this coming Friday, October 13, 2017. It is a great
opportunity to pursue and learn more about registered apprenticeships and workforce.
Supervisor McNamara congratulated Custom Tool and Machinery.
Several of us were at the Roanoke Regional Chamber Small Business Awards.
Customer Tool and Machinery, which is a Hollins district, Roanoke County business
took the top billings. There were a number of great companies that also were
nominated from Roanoke County and throughout the valley. So, congratulations to all.
Secondly, Optical Cable, has a celebration of manufacturing last Friday. Optical Cable,
through all of their work with the State Manufacturing Conference Board was chosen to
be one of the spots to kick off national manufacturing and they are doing some great
work out there. Congratulations to them as well.
IN RE: WORK SESSIONS
1. Work session to discuss Roanoke County's Legislative Program
and preparation for the 2018 session of the Virginia General
Assembly (Eldon James; Sue Rowland; Eldon James and
Associates)
October 10, 2017
377
Mr. James and Ms. Rowland provided a PowerPoint presentation to the
Board, a copy of which is on file in the office to the Clerk to the Board.
Chairman McNamara commented staff and the Board will formalize the
agenda and will share with Eldon in the process. Mr. James responded that he would
be happy to come back down and go through the process with the legislators. Eldon –
will be happy to come back down and do the “circuit.”
The work session was held from 4:06 p.m. until 4:48 p.m.
2. Joint work session with the Roanoke County Public School Board
(Joseph P. McNamara, Chairman of the Board of Supervisors; Tim
Greenway, Chairman of the Roanoke County School Board)
In attendance from the Board of Supervisors were Chairman Joseph P.
McNamara; Supervisors Martha B. Hooker, George G. Assaid, P. Jason Peters.
Supervisor Al Bedrosian was absent. In attendance from the School Board was
Chairman Tim Greenway; Supervisors Donald Butzer, Jason Moretz, Michael Wray.
Supervisor Jerry Canada was absent. Also in attendance for this work session were
Penny Hodge, Assistant Superintendent of Finance and Operations; Dr. Killough,
Roanoke County School Superintendent; Rebecca Owens, Director of Finance for
Roanoke County; Christopher Bever, Director of Management and Budget for Roanoke
County; Doug Blount, Director of Parks, Recreation and Tourism for Roanoke County;
Thomas C. Gates, County Administrator.
Copies of all PowerPoint presentations are on file in the office of the Clerk
to the Board.
Dr. Killough outlined the Cave Spring High School Renovation. Penny
Hodge outlined the VPSA Bonds timeline. Supervisor Peters asked if there is a concern
that the cost could be driven up especially due to the natural disasters with Ms. Hodge
responding she has not heard that from the engineers. Dr. Killough advised staff is
working very closely with the engineers.
Ms. Hodge provided the year-end school fiscal report and Mr. Bever
provided Roanoke County’s year-end results. It was noted that these numbers do not
reflect audited results, but are not expected to change.
Ms. Hodge and Ms. Owens reviewed healthcare. Mr. Blount outlined the
joint ground maintenance program.
Dr. Killough outlined the collaborative programs. Ms. Hodge went through
the student enrolment numbers, commenting there are lower kindergarten numbers
than graduates. Dr. Killough provided a brochure on being “Opportunity Ready.”
Chairman McNamara inquired what can the Board of Supervisors do to
help the schools. Mr. Wray commented the formula is working great. Mr. Greenway
commented that it may need to be tweaked every couple of years. It is a good incentive
to work together.
October 10, 2017
378
Chairman McNamara asked if there was a way to share the Internal
Auditor.
Mr. Butzer responded there needs to have a good working relationship
with each counterpart.
Dr. Killough suggested grant writing and economic development
assistance, could open doors.
Mr. Wray commented on an apprenticeship with Water Authority with
Chairman McNamara responding they would look at as we go through the budget.
Chairman McNamara advised they were working on the legislative agenda
with Mr. Meretz providing a handout on their legislative agenda.
The work session was held from 5:31 p.m. until 6:55 p.m.
IN RE: CLOSED MEETING
At 3:54 p.m., Supervisor McNamara moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 7.
Consultation with legal counsel and briefings by staff members or consultants pertaining
to actual or probable litigation, where such consultation or briefing in open meeting
would adversely affect the negotiating or litigating posture of the public body
The motion was seconded by Supervisor Peters and carried by the
following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
At 3:54 p.m. Chairman McNamara recessed the meeting to work session
and closed session.
IN RE: CERTIFICATION RESOLUTION
At 5:14 p.m., Supervisor McNamara moved to return to open session and
to adopt the certification resolution.
RESOLUTION 101017-8 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
October 10, 2017 379
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.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: None
ABSENT: Supervisor Bedrosian
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 5:15 p.m.
emitted by: Approved by:
k'ill 'N ,-
A g I i i 1 al 4 f -It AO i f"4" , )
�4 Deborah C. s Jo -ph P. McNamara
Chief Depu •• erk to the Board , airman
October 10, 2017
380
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