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HomeMy WebLinkAbout12/5/2006 - Regular Roanoke County Board of Supervisors Agenda December 5, 2006 Good afternoon and welcome to our meeting for December 5, 2006. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Wednesday at 7:00 p.m. and on Sunday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Pastor Myron Atkinson Penn Forest Wesleyan Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of Nancy J. Horn, Commissioner of the Revenue, for receiving the Master Commissioner of the Revenue certification by the Commissioner of the Revenue Association of Virginia, in conjunction with the Weldon- Cooper Center 2. Recognition of the following Virginia Association of Counties 2006 Achievement Awards received by the County of Roanoke: (a) Police Department: Communicating with the Media - A Winning Approach (b) Community Development Department: Preserving the Blue Ridge Parkway Viewshed - A Team Approach 1 D. BRIEFINGS 1. Briefing and presentation by Virginia Amateur Sports, Inc. on the 2006 Commonwealth Games of Virginia. (Peter Lampman, President of Virginia Amateur Sports, Inc.) E. NEW BUSINESS 1. Resolution approving the abandonment of a portion of State Route 633, Benois Road, and accepting the dedication of a new road into the secondary system. (Jill Loope, Assistant Director of Economic Development) 2. Request to approve funding in the amount of $184,775 for renovations to the Roanoke County Courthouse. (Anne Marie Green, Director of General Services) F. FIRST READING OF ORDINANCES 1. First reading of an ordinance amending Section 2-118 of the Roanoke County Code, "Manner of Addressing the Board-Time Limit", to provide for yielding and accumulating additional time for speakers. (Paul Mahoney, County Attorney) G. SECOND READING OF ORDINANCES 1. Second reading of an ordinance adopting, amending and reenacting and repealing various sections of Chapter 5. Animals and Fowl of the Roanoke County Code to conform to the Code of Virginia. (Paul Mahoney, County Attorney) 2. Second reading of an ordinance to accept the conveyance of 152.274 acres of real estate located on Read Mountain from Fralin & Waldron, Inc. to the Board of Supervisors. (Paul Mahoney, County Attorney) H. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. Library Board (Appointed by District) 3. Western Virginia Regional Jail Authority 2 I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes - November 12,2006 and November 14,2006 2. Resolution amending resolution 111406-3.c establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2007 J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Debt Payment Reserve N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. Richard C. Flora 3. Joseph P. McNamara 4. Joseph B. "Butch" Church 5. Michael A. Wray O. WORK SESSIONS (Training room - 4th Floor) 1. Work session to discuss jail financing and construction schedule. (John M. Chambliss, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer) 3 P. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion regarding the terms of scope of a public contract where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, namely contract with Novozymes Biologicals, Inc.; Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made; and Section 2.2-3711 A (7) consultation with legal counsel pertaining to actual litigation namely: (1) Hawthorne, et al. v. Lavinder, et al.; and (2) Resk, et al. v. Roanoke County Board of Supervisors, et al. Q. CERTIFICATION RESOLUTION R. ADJOURNMENT 4 ACTION NO. ITEM NO. G-( AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 AGENDA ITEM: Recognition of Nancy J. Horn, Commissioner of the Revenue, for receiving the Master Commissioner of the Revenue certification from the Commissioner of the Revenue Association of Virginia, in conjunction with the Weldon-Cooper Center Elmer C. Hodge ct:- ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: -d ~ ~4-7(/- SUMMARY OF INFORMATION: Nancy J. Horn recently attained certification as Master Commissioner of the Revenue following the successful completion of the Master Designation Program administered by the University of Virginia's Weldon Cooper Center for Public Service. This certification program was developed by the Commissioner of the Revenue Association of Virginia in conjunction with the Weldon Cooper Center as a component of their career development program for Commissioners of the Revenue and their Deputies. This program, which takes a minimum of three years to complete, requires a combination of extensive education and governmental experience. A certificate is presented for successful completion of the program; however, the process does not end with the program's completion. Every four years after the initial certification, the recipient must complete an additional forty hours of continuing education in order to remain certified as well as maintaining the following criteria for eligibility: (1) adherence to and practice of the Code of Ethics and Standards of Professional Conduct of the International Association of Assessing Officers (IMO); (2) maintenance of policies set forth in the Standards of Accountability; (3) attendance at various ongoing regional and state education seminars and meetings; (4) successful completion and maintenance of enrollment in required continuing education courses; (5) active participation in the Association; and (6) a successful on-site audit of all documentation to substantiate eligibility. Anne Chambers, Giles County Commissioner of the Revenue, will attend the meeting to present Ms. Horn with her Master's Certificate. 2 ACTION NO. ITEM NO. C-Q (0 -bl- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 AGENDA ITEM: Recognition of the following Virginia Association of Counties (VACo) 2006 Achievement Awards received by the County of Roanoke: (a) Police Department: Communicating with the Media - A Winning Approach (b) Community Development Department: Preserving the Blue Ridge Parkway Viewshed - A Team Approach Elmer C. Hodge ~ I~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: 4J SUMMARY OF INFORMATION: This time has been set aside to recognize the Police Department and the Community Development Department for winning VACo Achievement Awards during VACo's fourth annual statewide competition honoring county programs. VACo received 41 entries from 20 counties in this year's competition, and fifteen entries were selected to receive awards. An independent panel of judges with expertise in county programs and challenges selected the winning entries which were chosen based on innovation and collaboration as well as the entries' potential for providing models that other local governments may learn from or implement. The awards were displayed displayed during the annual VACo conference and the awards were presented after the general session on Tuesday, November 14,2006. The Police Department received its award for "Communicating with the Media: A Winning Approach". This project was developed by Police Lieutenant Chuck Mason and Public Information Officer Teresa Hall to foster more efficient communications between County Police and the media. To achieve this end, Lt. Mason and Ms. Hall developed three press release templates that allow the officer preparing the press release to simply insert the applicable information in the appropriate template and e-mail the finished press release to the media. In 2005, the Police Department issued 60 press releases using this template system which has been well received by the local press. The Community Development Department received its award for "Preserving the Blue Ridge Parkway Viewshed: A Team Approach". Chief Planner Janet Scheid assembled a coalition of organizations whose mission is to protect the viewshed of the Blue Ridge Parkway. This coalition includes Roanoke County, the National Park Service (Blue Ridge Parkway), Friends of the Parkway, and the Western Virginia Land Trust. The Last Chance Landscape Program is the result of this coalition and provides its partners, developers, and local citizens a mechanism to work together to ensure that land use changes complement rather than detract from the scenic quality for visitors driving the Parkway through Roanoke County. Lt. Chuck Mason and Teresa Hall will accept the award on behalf of the Police Department, and Janet Scheid will accept the award on behalf of the Community Development Department. 2 ACTION NO. ITEM NO. D~\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 AGENDA ITEM: Briefing and presentation by Virginia Amateur Sports, Inc., on the 2006 Coventry Commonwealth Games of Virginia SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board Elmer C. Hodge ~ /-f-~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Peter Lampman, President of Virginia Amateur Sports, Inc. has requested time on the agenda to present a plaque of appreciation to the Board for their continued support and to report on the economic impact of the 2006 Coventry Commonwealth Games of Virginia. The attached report outlines the total economic impact for the Roanoke Valley which totaled $3,910,504 for the 2006 Games. The Coventry Commonwealth Games of Virginia were first held in July 1990; since that time, approximately 143,000 athletes have competed in this event known as "Virginia's Olympics". The 1 yth anniversary of the Games was a success, and Virginia Amateur Sports was recently recognized as the 2006 Roanoke Regional Chamber of Commerce Small Business of the Year in the Not-For-Profit Health and Human Services Category. Roanoke County has been involved in the Commonwealth Games since its inception, providing funding, fields and other assrstance. . . VIRGINIA AMATEUR SPORTS 2005-06 ECONOMIC IMP ACT Tourism in Virginia Tourism is a $13 billion per year industry in Virginia Tourism is a $1 million per day industry in the Roanoke Valley Each dollar spent on tourism marketing returns $4-$6 in tax revenues Coventry Commonwealth Games of Virginia 1. Number of athletes that stayed overnight 2. Number of spectators that stayed overnight (1 :2 ratio) 3. Average length of stay 4. Estimated average daily expenditures 5. Estimated overnight expenditures (1 + 2 x 3 x 4) 6. Number of day athletes 7. Number of day spectators (1:2 ratio) 8. Number of day volunteers 9. Estimated average daily expenditures 10. Estimated daily expenditures (6+7 +8 x 9) 11. Estimated total visitor expenditures (10+ 5) TOTAL ECONOMIC IMPACT 3,639 7,278 2.19 days $150 $3,586,234 3,203 6,406 1,200 $30 $324,270 $3,910,504 $3,910,504 ACTION NO. ITEM NO. Ed AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5,2006 AGENDA ITEM: Resolution approving the abandonment of a portion of State Route 633, Benois Road, and accepting the dedication of a new road into the secondary system SUBMITTED BY: Jill Loope Assistant Director of Economic Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This is an improvement project that helps both Mennel Milling Company and VDOT, and it poses no problems for any of the surrounding neighbors. The road is a cul-de-sac and there is no through traffic onto the Penn Forest Elementary School side of the property. SUMMARY OF INFORMATION: This resolution abandons a portion of State Secondary Route 633, Benois Road, accepts the dedication of a new road to replace the abandoned portion, and guarantees the new right-of-way. A resolution of the local governing body to abandon and accept a new road into the secondary system is required by the Virginia Department of Transportation and the Commonwealth Transportation Board. It has been determined that the turnaround facility at the end of Benois Road needs to be relocated to accommodate the Mennel Milling Company project. This will also include a realignment of Benois Road, allowing for an improved and adequate entrance into the property to serve Mennel's operations. County staff and VDOT have reviewed the proposed reconfiguration and have found the configuration to be satisfactory. The Mennel Milling Company is constructing a new 73,480 square foot flour mill on 26.96 acres located at 5185 Benois Road. Staff is advised that the company is currently on schedule with their construction, and it is anticipated to commence operations by July of 2007 A drawing depicting the proposed new alignment is attached to further explain the project. FISCAL IMPACT: There is no fiscal impact on the County. ALTERNATIVES: 1. Approve the resolution and abandon a portion of State Route 633, and accept the dedication of the new road into the secondary road system. 2. Deny the resolution and reject the abandonment of a portion of State Route 633, and the dedication of the new road into the secondary road system. STAFF RECOMMENDATION: Staff recommends Alternative 1, approve the resolution and accept the dedication of the new road into the secondary road system. '-' :j.... ~ g ~~Il~ ~~~!I ;~ =-_~--;/~~~~-\7 /1 J" /.'1// / / // 1--- <f- '-./ / / 1 / I - // I.., 1 I - -... / I, I 1 "r -_/ 1 1 I -/---;/t---~/ ! / I / " ----; " / -'-// ./.~.,.--' / //,^"-Jy^""r;,, " / / /' ,,/ /./ / ,,,/ ",,/ / // // // // / 1 / / / 1 " / ,,/" 1 ,,/ / " --,,~ / ,," ",/" /r- - --.L" ... / ' // I .--/ /...-------- -... ...... ...- 'I I: I : I I I I 1 \ I I I I I I I I 1 I I I I i 1 I I I I I I. I I ... . .., . t'o '" ... A8~~!l~e \Sf ~~;t ~i!": ~ ':::t!~~g .J .3~ .:.,-:e ... S~e- ~<f~aS ~~...~if __B:!. :!~.Q1I! "'''''''Ole~ / - - &...- / _r- ...- ..::'" ...-- r ".-:. -) -- j \ ,,-- ---(- -l.y f ' ..~-_: \.- ... - 1111 ~II _, 1/1/ ~ I / - -- r~ / I 'i... III I I _. I I ) , ... I ........ I '.... I ',_ I ) ( \ ;- ~ _/ ,.__...:r---- 1 I I 1 ----~ , I I I I ----1'--- I I I I /" /~ /'" /... ~/'" /... ... .....-,--...... ,.'" , I ' -'..../ " ., I I L ., , I I I ,---1 , I n I r, J I J I J I , f\ I I \ I I I / I I I I I , I I , I r I I , , I I I, I I 11 ~ 0 rl /11: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5,2006 RESOLUTION ABANDONING A PORTION OF BENOIS ROAD (STATE ROUTE 633), REQUESTING ACCEPTANCE OF A NEW PORTION OF BENOIS ROAD, AND GUARANTEEING RIGHT-OF-WAY FOR THE NEW PORTION OF BENOIS ROAD WHEREAS, construction of access facilities serving the Mennel Milling Company complex at the end of State Route 633, Benois Road, requires the existing turnaround facility to be relocated, and WHEREAS, the proposed reconfiguration of the turnaround facility has been reviewed by County staff and the Virginia Department of Transportation and found satisfactory, and WHEREAS, this Board was provided a composite drawing of the proposed reconfiguration, which is incorporated herein and made a part hereto. NOW THEREFORE, THIS BOARD, this Board does hereby approve the realignment of Benois Road as shown on the composite drawing: and BE IT FURTHER RESOLVED, pursuant to ~33.1-155, Code of Virginia, this Board orders abandoned as part of the secondary system of state highways the portion of State Route 633, Benois Road, from Point A (located 0.34 miles from State Route 904) to Point B (located 0.35 miles from State Route 904), a distance of 0.01 miles; and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to accept that part of State Route 633, Benois Road, from Point A (located 0.34 miles from State Route 904) to Point C (located 0.37 miles from State Route 904), a distance of 0.03 miles, for maintenance as part of the secondary system of state highways under its jurisdiction; and , BE IT FURTHER RESOLVED, this Board hereby guarantees the right of way for the new location, as depicted on the composite drawing, as well as any necessary easements for fills or drainage for said roadway portion, to be clear and unencumbered; and BE IT FINALLY RESOLVED, this resolution shall become effective at such time as officials of the Virginia Department of Transportation deem the construction of the relocated turning facility is complete and in accordance with appropriate standards of design and construction. ACTION NO. [-~ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 AGENDA ITEM: Request to approve funding in the amount of $184,775 for renovations to the Roanoke County Courthouse SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Some of this area has previously been remodeled; however due to the need for expansion of the offices, additional renovations are needed which include removal of a wall and realignment of the hallway and elevator. In addition, the area previously occupied by the Court Services Unit has not been renovated since the courthouse initially opened in 1985. Staff looked for ways to absorb these costs within the General Services operating budget but were unable to do so. It is recommended that the funding be taken from the County Minor Capital Fund. SUMMARY OF INFORMATION: The Roanoke County Courthouse was built in 1985. Since that time, various renovations have been needed to keep pace with technology and to adjust to increasing workloads. As with any 20 year old building, funding has also been needed for repair and replacement of major equipment. Since 2001, the County has been working to renovate the facility and replace old and worn out equipment. Within the past five years, most of the furniture and carpet has been reupholstered or replaced, and technology has been upgraded in the Circuit Court areas. Additionally, the HVAC system in the Commonwealth's Attorney's office has been replaced, and some of the area vacated by the Court Services Unit has been renovated for the Sheriff's office. Several areas are still in need of upgrading or renovation: Juvenile & Domestic Relations Court Clerk's Office renovations: The Clerk's Office is cramped and lacks sufficient storage area for the current caseload. Space is available for expansion into some of the area vacated by the Court Services Unit two years ago. Proposed renovations include removal of a wall, rearrangement of work stations, moving an office, and realigning a secure elevator. This will also provide small office areas for the judges who preside in this court but may have their main offices in other courthouses in the Valley. ADA accessibilitv: The double doors into the courtrooms are not wide enough to allow wheelchair access. When someone in a wheelchair needs to be in court, the deputies must lift the person out of the chair and carry him or her into the courtroom, which is not only demeaning, but also dangerous. The proposed retrofit would remove the middle bar between the two doors, making the opening more than wide enough for accessibility. Renovation of break areas in iury rooms: The original equipment provided in the jury rooms consisted of one piece metal cabinets which included a sink, a small stove, and storage area. None of these work properly and are impractical in a modern setting. The proposal includes replacing these one-piece units with cabinets, space for a microwave, a sink and a small refrigerator to allow the workers and juror's access to a snack area. Carpet replacement in Clerk of the Circuit Court Office: Some of the carpet in the Clerk's Office has worn out and become unglued, presenting a safety hazard. There have been several instances of people tripping and it is possible in the future that someone may be seriously injured. The carpet is old and stained, and will be replaced with darker material that won't show as much wear and tear. Upholstery in Juvenile and Domestic Relations Court area: The upholstery in the waiting areas outside of the J&DR courtrooms and in the judges' offices is original to the building. It is old and severely worn, and needs to be replaced in a manner similar to that in the Circuit Court wing of the building. Staff does not anticipate any other major repairs or renovations in the near future. There should not be another major issue until the replacement of HV AC components, which will take place sometime within the next ten years. FISCAL IMPACT: Juvenile and Domestic Relations Clerk's Office Renovations ADA Doors Break areas CC Clerk Carpet Upholstery for J&DR Court $108,000 19,000 15,775 4,000 22,000 $168,775 16,000 $184,775 Contingency Total Funding is available in the County Minor Capital Fund. STAFF RECOMMENDATION: Staff recommends approval of the request for funding for renovations to the Roanoke County Courthouse to improve working conditions and service levels for employees and users of the facility. ACTION NO. ITEM NO. r-l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 AGENDA ITEM: First reading of an ordinance amending Section 2-118 of the Roanoke County Code, "Manner of Addressing the Board- Time Limit", to provide for yielding and accumulating additional time for speakers SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Chairman has requested that the County Attorney draft an ordinance to place reasonable restrictions and limitations upon speakers at public hearings - more particularly to place a limitation upon speakers yielding time to other speakers. It is the intention ofthe Board of Supervisors to provide an opportunity for all citizens to speak on matters of public concern; however, it is also the intention of the Board not to permit one person to monopolize the public discussion. Unfortunately some individuals have abused the opportunity to speak at public hearings. The Planning Commission recently adopted By-Laws to govern its procedures, and it included a limitation on the yielding of time from one speaker to another. It is suggested that the Board adopt a provision in its rules of procedure paralleling that of the Planning Commission. The draft ordinance limits the opportunity for speakers to yield their time to another speaker to no more than 9 minutes. The Board reserves the right to grant additional time to a speaker at its discretion. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5,2006 ORDINANCE AMENDING SECTION 2-118 OF THE ROANOKE COUNTY CODE, "MANNER OF ADDRESSING THE BOARD-TIME LIMIT", TO PROVIDE FOR YIELDING AND ACCUMULATING ADDITIONAL TIME FOR SPEAKERS WHEREAS, by Ordinance 011299-2 adopted on January 12, 1999, the Board of Supervisors of Roanoke County established Article V. "County Board Organization and Procedure" for meetings of the Board of Supervisors; and WHEREAS, Section 2-118 of the rules of organization and procedure sets out the manner of addressing the board and limits the address to three (3) minutes; and WHEREAS, recent practice of citizens addressing the Board has resulted in time being yielded from one speaker to another allowing more than a three (3) minute limitation on an individual speaker; and WHEREAS, the Board is desirous of maintaining an opportunity for the citizens to address the Board in a uniform and consistent manner. WHEREAS, on November 7, 2006, the Planning Commission amended and adopted its By-Laws for the Commission and its rules of procedure for the conduct of its meetings; and, WHEREAS, the Board believes that it is important for the rules of procedure for the Board's and Commission's public meetings be consistent so as to avoid confusion; and; and WHEREAS, the first reading of this ordinance was held on December 5, 2006, and the second reading was held on December 19, 2006. 1 NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia: 1. That Section 2-118, Manner of Addressing the Board-Time Limit" be amended and readopted to read as follows: Sec. 2-118. Manner of addressing the board--Time limit. (a) Each person addressing the board shall step up to the microphone in front of the podium, shall give his name and address in an audible tone of voice for the record, and unless further time is granted by the board, shall limit his address to three (3) minutes. A speaker may yield his/her allotted time to another speaker but no speaker may accumulate more than a total of 9 minutes speakinq time. unless granted additional time by the Board. (b) All remarks shall be addressed to the board as a body and not to any member thereof. (c) No person, other than the board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the board, without the permission of the presiding officer. (d) No question shall be asked a board member except through the presiding officer. 2. That this ordinance shall be effective from and after the date of its adoption. 2 ACTION NO. ITEM NO. (,. -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 AGENDA ITEM: Second reading of an ordinance adopting, amending and reenacting and repealing various sections of Chapter 5. Animals and Fowl of the Roanoke County Code to conform to the Code of Virginia SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: Lr.--/~ SUMMARY OF INFORMATION: Recent legislative amendments by the General Assembly to Virginia's Comprehensive Animal Laws require revisions to the Roanoke County Code. These County Code amendments will permit continued enforcement of restriction on dangerous dogs, vicious dogs, and other animal control regulations to insure the safety and health of County citizens. In addition to changes in the definitions of "dangerous dog", "vicious dog", and "companion animal"; this ordinance also adds definitions regarding adequate shelter, feeding, water, exercise, and care of animals in Section 5-21 of the County Code. Section 5-34, "Penalties", has been amended to increase the fines for violations of these code sections unless otherwise specified. Accordingly, Section 5-22 of the County Code is repealed as redundant. This section also permits enforcement of the County's animal code provisions by private legal action to correct or remove an "animal nuisance" or other code violation. A new Section 5-37 establishes a Class 3 misdemeanor for dumping or abandoning any animal. The ordinance also updates Section 5-1 to replace the designation of "animal warden" with the current title of "animal control officer" to conform to current state law nomenclature. Finally, it repeals portions of the existing County Code. The County Attorney's Office has worked with the County Police Department and the Commonwealth's Attorney to develop this ordinance. STAFF RECOMMENDATION: Staff recommends the approval of these amendments. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5,2006 ORDINANCE ADOPTING, AMENDING AND REENACTING AND REPEALING VARIOUS SECTIONS OF CHAPTER 5. ANIMALS AND FOWL OF THE ROANOKE COUNTY CODE TO CONFORM TO THE CODE OF VIRGINIA WHEREAS, the General Assembly for the Commonwealth of Virginia has adopted various amendments to the Comprehensive Animal Laws, which are the enabling legislation for local governments to address problems with dogs, cats and other animals; and WHEREAS, it is necessary to amend Chapter 5, ANIMALS AND FOWL of the Roanoke County Code to incorporate these amendments and to bring the County Code into conformity with the enabling legislation; and WHEREAS, the first reading of this ordinance was held on November 14, 2006 and the second reading was held on December 5, 2006. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That various sections of Chapter 5, ANIMALS AND FOWL, of the Roanoke County Code be amended and reenacted as follows: ARTICLE I. IN GENERAL Sec. 5-1. Animal control officer generally. (a) There is hereby created the position of community service officers for the county. Such officers shall be appointed by the chief of police. (b) The community service officers are sworn police officers who shall enforce the provisions of this chapter relating to dogs and other domestic animals, all other ordinances of the county, the laws of the Commonwealth of Virginia and perform such other duties as prescribed by the chief of police. 1 (c) Such number of community service officers as are authorized by the board of supervisors shall be appointed by the chief of police. (d) The community service officers shall be deemed to be the county's animal control officer w3rden, within the meaning of section 3.1-796.104 of the Code of Virginia. ARTICLE II. DOG, CATS AND OTHER ANIMALS Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: Adequate care or care means the responsible practice of aood animal husbandry, handlina, production, manaaement. confinement. feedina, waterina, protection, shelter, transportation. treatment. and, when necessary. euthanasia, appropriate for the aQe, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent sufferina or impairment of health. Adequate exercise or exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the aae. species. size. and condition of the animal. Adequate feed means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in aood health; is accessible to each animal; is prepared so as to permit ease of consumption for the aQe, species. condition, size and type of each animal: is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests: and is provided at suitable intervals for the species. aqe, and condition of the animal. but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurrinQ states of hibernation or fastinq normal for the species. Adequate shelter means provision of and access to shelter that is suitable for the species, age. condition, size, and type of each animal; provides adequate space for each animal: is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunliaht. the adverse effects of heat or cold, physical sufferinQ, and impairment of health: is properly Iiahted: is properly cleaned: enables each animal to be clean and dry. except when detrimental to the species; and, for doas and cats, provides a solid surface, restinq platform, pad, floormat. or similar device that is larae enouqh for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, arid, or slat floors (i) permit the animals' feet to pass 2 throuqh the openinqs, (ij) saQ under the animals' weiqht, or (iij) otherwise do not protect the animals' feet or toes from iniury are not adequate shelter. Adeauate space means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about. and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, ""adequate space" means a tether that permits the above actions and is appropriate to the aqe and size of the animal; is attached to the animal bv a properly applied collar, halter, or harness confiQured so as to protect the animal from iniury and prevent the animal or tether from becominq entanqled with other obiects or animals, or from extendinq over an obiect or edqe that could result in the stranqulation or iniury of the animal; and is at least three times the lenQth of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is beinq walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanQer the animal. temporarily and appropriately restrictinQ movement of the animal accordinQ to professionally accepted standards for the species is considered provision of adequate space. Adeauate water means provIsion of and access to clean, fresh. potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the aQe, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurrinQ states of hibernation or fastinQ normal for the species: and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with Qenerally accepted husbandry practices. Animal nuisance: Is created when any companion animal, dog, cat or other domestic animal unreasonably annoys humans, endangers the life or health of other animals or persons or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. Such acts of nuisance shall include, but are not limited to, the following: (1) Damages property other than that of the animal's owner: (2) Attacks or disturbs other animals, persons or vehicles by chasing, barking or biting; (3) Makes excessive noises including, but not limited to, barking, whining, howling, caterwauling or crying; (4) Creates noxious or offensive odors; (5) Defecates upon any public place or upon premises not owned or controlled by the owner unless promptly removed by the animal's owner; or (6) Creates an unsanitary condition or insect breeding site due to an accumulation of excreta or filth. * * .. . 3 "Companion animal" means any domestic or feral doa, domestic or feral cat, nonhuman primate, auinea pia, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody. or ownership of a person or any animal that is bouaht, sold. traded, or bartered by any person. Aqricultural animals, aame species. or any animals reaulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Dangerous dog: ^ny dog, canine or canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion animal, other than a dog, or killed a companion animal, or 'Nhich has been declared dangerous by any general district court or circuit court of this commonv.'ealth or any oommunity service officer. "Dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat or killed a companion animal that is a dog or cat; however, when a dog attacks or bites a companion animal that is a dog or cat another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite, (ii) both animals are owned by the same person, (iii) if such attack occurs on the property of the owner or custodian of the attacking or biting dog, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat anothor dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. * * * * Owner: Any person having a right of property in a companion animal, dog or cat, and any person who keeps or harbors a companion animal. dog or cat or has the companion animal, dog or cat in his care or who acts as its custodian, and any person who permits a comoanion animal, dog or cat to remain on or about any premises occupied by him. * * * * To run at large: A domestic or feral doa, exotic or poisonous animal or exotic bird or Doult/Y Geg shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Vicious dog: l\ny dog, canine or canine crossbreed 'lIhich has (1) killed 3 person; (2) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairmont of health, or serious impairment of a bodily function; or (3) continued to oxhibit the behavior '#hioh resulted in 3 previous finding by a court or community 4 service officer th~t it is ::1 d~ngerous dog, provided th::1t its owner has been given notice of that finding; or (4) 'Nhich has been found '.:icious by any general district court or circuit court of thic commonwe~lth. "Vicious doq" means a canine or canine crossbreed that has OJ killed a person; (ii) inflicted serious injury to a person, includina multiple bites. serious disfiaurement. serious impairment of health. or serious impairment of a bodily function: or (iii) continued to exhibit the behavior that resulted in a previous findina by a court or on or before July 1, 2006, by an animal control officer as authorized by local ordinance that it is a danaerous doa, provided that its owner has been aiven notice of that findina. Sec. 5-22. Violations of article. - REPEALED. Unless otherwise specific~lIy provided, =:J violation of ~ny provision of this ~rticle sh=:J1I constitute a Class 4 misdemeanor. In addition, any "animal nuisance" as defined in section 5 21 m=:JY ~Iso be corrected, removed or ~b~ted through on ~ppropri~te action at b'N or suit in equity by =:Jny person suffering injury or d~m=:Jge therefrom. Sec. 5-26.1. Dangerous dogs; vicious dog; penalties; procedures. (a) Dangerous dog. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a dangerous dog, as defined by section 5-21, except in strict compliance with section 5-26.3 of this Code. If after hearing evidence, the oourt finds ~ny dog to be a d=:Jngorous dog, the court sh=:JlI, in addition to any other penalties imposed, order the dog's owner to comply with the provisions of section 5 26.d. If any owner knew or reasonably should have known any dog to be a d::mgorous dog and cuoh dog thereafter causes 0. wound to any person, such O'Nner shall be guilty of =:J CI=:Jss 1 misdemc=:Jnor. If any dOG previously declared to be a danaerous doa bites a human beina or attacks a human beina causing bodilv injury, such owner shall be Quiltv of a Class 1 misdemeanor. (b) Vicious dog. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a vicious dog, as defined by section 5-21. If, after hearing evidence, the court finds any dog to be a vicious dog, the court shall, in addition to any other penalties imposed, order the community service officer to euthanize the dog. If any owner knew or ro::lson::lbly should have known any dog to be a vicious dog ::lnd such dog thereafter causes ::l 'IJound to ::lny person, such D'Nner shall be guilty of a CI~ss 1 misdeme::lnor. 5 (c) Procedures. (1) Any community service and/or police officer who has reason to believe that a canine or canine crossbreed within the county is a dangerous dog or vicious dog shall apply to a magistrate within the county for the issuance of a summons or 'N~lrrant requiring the owner or custodian, if known, to appear before the county general district court at a specified time. The summons or INarrant shall advise the owner or custodian of the nature of the proceeding and the matters at issue. When a warrant has been obtained or a summons issued pursuant to this section, the community service officer and/or police officer may, in his discretion, confine the dog until such time as evidence shall be heard and a verdict rendered. Otherwise, the owner or custodian shall confine the dog until the evidence shall be heard and a verdict rendered. The court may, through its contempt power, compel the owner, custodian or harborer of any dog to produce it for the community service officer and/or police officer. In the event any dog is found to be a dangerous dog or a vicious dog, the owner or custodian of such dog shall be responsible for payment to the county of any expenses of impounding and keeping the dog pending disposition of the case at the rate prescribed by the county board of supervisors. (2) In the alternative, any community servioe officer, after due investigation and \\'ritten notice to the O'Nner or custodkm of :1 dog, m:1Y determine whether :1 dog is a dangerous dog. If the community servioe officer so determines a dog to be a dangerous dog, he sh:111 order the animal'c owner or custodi:1n to comply with the provisions of section 5 26.3 of this code. If the animal's owner or custodian disagrees 'Nith the oommunity service officer's determin:1tion, he may appe:1! the determin:1tion to tho oounty general district court for 3. trbl on the merits. (2) If. after hearinq the evidence, the court finds that the animal is a danqerous dog, the court shall order the animal's owner to complv with Sections 5-26.2 and 5.26.3 of the countv code. If. after hearina the evidence, the court finds that the animal is a vicious doa, the court shall order the animal euthanized in accordance with state law. (d) If the owner or custodian of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this chapter. (e) All fees collected pursuant to this section, less the costs incurred by the county in producing and distributing the licenses and tags required by ordinance, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training courses required by community service officers under 3 3.1 796.105 ~ 3.1-796.104 of the Code of Virginia or its successor. 6 Sec. 5-26.2. Licensure of dangerous dog. (a) The owner or custodian of any dog found by a court or a community service officer to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate or license from the treasurer by paying the fee required by section 5-44 of this Code. The treasurer shall provide the owner or custodian with a uniformly designed tag which identifies the dog as a dangerous dog. The owner or custodian shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All certificates or licenses issued pursuant to this section shall be renewed annually as required by section 5-44 of this Code. The community seNice officer shall provide a copy of the dangerous dOQ registration certificate or license and verification of the owner's compliance with the requirements of this article to the State Veterinarian. (b) No dangerous dog license shall be issued until the applicant has filed with the treasurer the insurance certificate required by section 5-26.3(c). The treasurer shall immediately forward a copy of such certificate to the police department and the county's risk manager for review and filing. The risk manager shall immediately notify the community service and/or police officer of any noncompliance with the provisions of section 5-26.3(c) of which the risk manager becomes aware. (c) Any license or renewal required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (1) of the dog's current rabies vaccination, (2) that the provisions of subsections (a), (b) and (d) of section 5-26.3 have been complied with, and (3) that the animal has been neutered or spayed. Sec. 5-26.3. Keeping dangerous dogs; conditions. It shall be unlawful for any owner of any dangerous dog to own, keep, or harbor any such dog within the county except in compliance with each of the following conditions and specifications: * * * * (c) The owner of any dangerous dog shall procure and maintain public liability insurance in the amount of fifty thous::md dollors ($50,000.00) one hundred thousand dollars ($100,000) insuring the owner for any injury or damage caused by such dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by this subsection at the premises where such dog is kept and shall, upon request, display such policy and certificate to any community service officer or police officer. * * . . 7 Sec. 5-28. Running at large--Prohibited. (a) It shall be unlawful for the owner of any domestic or feral doq, exotic or poisonous animal or exotic bird or poultry ~ to permit such domestic or feral dOQ, exotic or poisonous animal or exotic bird or poultry ~ to run at large in the county at any time during any month of the year. (b) This section shall not apply to a Gea companion animal engaged in lawful hunting in open season or when being trained or exercised and accompanied by its owner or custodian or under the immediate control of its owner or custodian. Sec. 5-29. Same--Impoundment. (a) It shall be the duty of the community service officer or other officer to cause any dog or animal found running at large in violation of section 5-28 or any dog or cat creating an animal nuisance in the presence of the officer as defined by section 5-21 to be caught and confined in the county animal shelter. Every reasonable effort shall be made on the part of the community service officer or other officer to determine the ownership of an animal so confined if the animal has an identifying collar, tag, license or tattooed identification or electronic implant and to notify the owner of its whereabouts. Such officer shall make a reasonable effort within forty-eight (48) hours of the animal's confinement to notify any owner who may be readily identified of such confinement. (b) A dog or cat or other domestic animal or companion animal confined under this section or other lawful authority may be claimed by the rightful owner after displaying proof of ownership, a current dog or cat license and proof of current rabies inoculation of the animal. No dog, ef cat, or companion animal shall be released to any person claiming ownership, unless such license and proof have been displayed. * * * * Sec. 5-33. Disposal of dead dogs. companion animal. The owner of any ~ companion animal which has died from disease or other cause shall forthwith cremate or bury the same. If, after notice, the owner fails to do so, the community service officer or other officer shall bury or cremate the Gea companion animal and he may recover, on behalf of the county, from the owner his cost for this service. All sums recovered under this section shall be deposited to the community service animal impoundment account. 8 Sec. 5-34. Penalties. A violation of any provision of this article and any "animal nuisance" as defined in sections 5-21 may also be corrected. removed or abated throuah an appropriate action at law or suit in equity bv any person sufferino injury or or damaae therefrom. (a) Except as otherwise specifically provided, the penalties for violations of all sections of this chapter shall be as follows: (1) For the first offense, a fine of not less than ten dollars ($10.00) nor more than twonty dollarc ($20.00). twenty-five dollars ($25) nor more than one hundred dollars ($100). (2) For a second offense within a consecutive twelve-month period, a fine of not less than l'....enty dollars ($20.00) nor more than fifty dollars ($50.00). fifty dollars ($50) nor more than one hundred fifty dollars ($150). (3) For a third and all subsequent offenses, a fine of not less than fifty dollars ($50.00) nor more than hvo hundred fifty dollars ($250.00). one hundred fifty dollars ($150) nor more than two hundred fifty dollars ($250.00). (4) The judge trying case may order any animal permanently removed from the county within twenty-four (24) hours of such order. *' *' *' * Sec. 5-37. Abandonment of animal: penaltv. No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal bv its owner to a pound, animal shelter, or other releasina aaencv. 2. This ordinance shall be in full force and effect from and after its adoption. 9 ACTION NO. ITEM NO. ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 Second reading of an ordinance to accept the conveyance of 152.274 acres of real estate located on Read Mountain from Fralin & Waldron, Inc. to the Board of Supervisors. AGENDA ITEM: SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: In 2005, Fralin & Waldron, Inc. donated a conservation easement to the Virginia Outdoors Foundation (VOF) on 153.59 acres of Read Mountain. This property is visible from the Blue Ridge Parkway and the Read Mountain Overlook. It includes the upper slopes of the southern side of Read Mountain and extends to the ridgeline. The generous donation of this conservation easement to the Commonwealth of Virginia will forever protect this scenic viewshed for the public good. At this time, Fralin & Waldron, Inc. is offering to donate the fee simple ownership of 152.274 acres of this property to Roanoke County for public park purposes. The total amount of land is reduced by the size of the water tank lot (1.824 acres) on the property. The conservation easement that encumbers the property does not allow any further subdivision of the property. It also restricts the size of any structure to less than 1,000 square feet without prior approval of VOF and restricts the location of any structure to below the 1600-foot elevation contou r line. The easement allows passive, recreational use of the property to include hiking, biking, and horseback riding. The donation of this property to the County will add open space acreage to our inventory which, as pointed out in the recent Parks, Recreation and Tourism Master Plan, is needed. During the last ten years, Roanoke County has worked cooperatively with the National Park Service to identify and protect viewsheds from the Parkway. Three years ago, Scenic America named the Roanoke County segment of the Parkway a "Last Chance Landscape", a dubious distinction at best. That designation has encouraged the County to renew efforts to preserve this beautiful and unique portion of national parkland. It IS through the generous, civic-minded efforts of private corporations such as Fralin & Waldron, Inc. that the County can hope to be successful in its efforts to protect this national park, open spaces, mountainsides, and ridgetops. By forming a partnership with the VOF and Roanoke County, Fralin & Waldron, Inc. has proven once again that it is possible for development and conservation to work hand-in-hand. FISCAL IMPACT: None AL TERNATIVES: 1. Accept the donation of 152.274 acres from Fralin & Waldron, Inc. 2. Do not accept the donation of 152.274 acres from Fralin & Waldron, Inc. STAFF RECOMMENDATION: Staff recommends Alternative 1. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 ORDINANCE TO ACCEPT THE CONVEYANCE OF 152.274 ACRES OF REAL ESTATE (PORTIONS OF TAX MAP NO. 39.00-1-1.3 AND 39.02- 4-27.02) LOCATED ON READ MOUNTAIN FROM FRALIN & WALDRON, INC. TO THE BOARD OF SUPERVISORS WHEREAS, Fralin and Waldron, Inc. wishes to donate to the County a parcel of real estate consisting of 152.274 acres located on Read Mountain; and WHEREAS, this parcel is encumbered with a conservation easement in favor of the Virginia Outdoors Foundation (VOF) and the Read Mountain Alliance is awaiting grant approval for funding to improve access and trailhead parking for this property; and WHEREAS, Fralin & Waldron will convey this property without cost to the County of Roanoke to protect this portion of Read Mountain for the benefit of the citizens of and visitors to the Roanoke Valley; and WHEREAS, the acceptance of this conveyance is consistent with the adopted Community Plan, and it will support the open space and viewshed protection policies and goals of the County and provide enhanced opportunities for passive recreational uses; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on November 14, 2006, and the second reading will be held on December 5, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition by donation from Fralin & Waldron, Inc. of a 152.274 acre parcel of real estate located on Read Mountain (portions of Tax Map No. 39.00-1- 1.3 and 39.02-4-27.02), is hereby authorized and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 2 ACTION NO. \-U-3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board Elmer C. Hodge C ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) The four-year term of Richard L. Williams expired on October 24,2006; the four-year term of Wilmore T. Leffell will expire on December 12, 2006. 2. Library Board (Appointed by District) The four-year term of Phyllis C. Amos, Cave Spring Magisterial District, will expire on December 31, 2006. 3. Western Virginia Regional Jail Authority The one-year terms of Joseph P. McNamara, elected representative, and Richard C. Flora, alternate elected representative, will expire on December 31,2006. - \ t\ 1. -0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section ofthe agenda of the Board of Supervisors for December 5, 2006, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2, inclusive, as follows: 1. Approval of minutes - November 12, 2006 and November 14, 2006 2. Resolution amending resolution 111406-3.c establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2007 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. 1 ACTION NO. ITEM NO. I-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5,2006 AGENDA ITEM: Resolution amending resolution 111406-3.c establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2007 SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On November 14, 2006, the Board of Supervisors of Roanoke County established a schedule for its meetings. The Board amended the draft resolution to change the date for the organizational meeting from Tuesday, January 8, 2008, to Wednesday, January 9, 2008. This resolution amends resolution 111406-3.c by changing the date of the organizational meeting to Tuesday, January 8, 2008, at 2:00 p.m. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 RESOLUTION AMENDING RESOLUTION 111406-3.c ESTABLISHING AN ORGANIZATIONAL MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2007 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2007, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 9, 2007 at 3 pm Tuesday, January 23,2007 at 3 pm and 7 pm Tuesday, February 13, 2007 at 3 pm Tuesday, February 27,2007 at 3 pm and 7 pm Tuesday, March 13, 2007 at 3 pm Tuesday, March 27,2007 at 3 pm and 7 pm Tuesday, April 10, 2007 at 3 pm Tuesday, April 24, 2007 at 3 pm and 7 pm Tuesday, May 8, 2007 at 3 pm Tuesday, May 22,2007 at 3 pm and 7 pm Tuesday, June 12,2007 at 3 pm Tuesday, June 26, 2007 at 3 pm and 7 pm Tuesday, July 10,2007 at 3 pm Tuesday, July 24,2007 at 3 pm and 7 pm Tuesday, August 14, 2007 at 3 pm Tuesday, August 28,2007 at 3 pm and 7 pm Tuesday, September 11,2007 at 3 pm Tuesday, September 25, 2007 at 3 pm and 7 pm Tuesday, October 9, 2007 at 3 pm Tuesday, October 23, 2007 at 3 pm and 7 pm Tuesday, November 13, 2007 at 3 pm and 7 pm Tuesday, December 4, 2007 at 3 pm Tuesday, December 18, 2007 at 3 pm and 7 pm 2. That the organizational meeting for 2008 shall be held on Wednesday Tuesday, January 9, January 8, 2008 at 2:00 p.m. 2 H-\ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General Amount Amount Prior report balance $13,281,742 8.08% Addition from 2005-06 Operations 1,506,678 Audited balance at June 30, 2006 14,788,420 July 1, 2006 Payment on Loan from Explore Park 20,000 Balance at December 5, 2006 14,808,420 9.01% Note: On December 21,2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2006-07 at a range of 8%-9% of General Fund Revenues 2006 - 2007 General Fund Revenue $164,315,790 8% of General Fund Revenues $13,145,263 9% of General Fund Revenues $14,788,420 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge {If County Administrator M-a COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Audited Balance at June 30, 2006 Amount $5,834,217.61 Remaining funds from completed projects at June 30, 2006 631,412.94 Transfer from Department Savings 2005-2006 453.189.00 Balance at December 5, 2006 $6,918,819.55 $5,000,000 of this reserve is being used to upgrade Public Safety Radio System Maior County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited Balance at June 30, 2006 $679,628.00 2006-07 Capital Improvements Program-New County Garage (500,000.00) Appropriation from 2005-2006 Operations 869,992.00 $1,049,620.00 Balance at December 5, 2006 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge C H County Administrator RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Audited Balance at June 30, 2006 From 2006-2007 Original Budget July 11,2006 Appropriation to hire County Gypsy Moth Program, Inc. to serve as the Gypsy Moth Coordinator July 11,2006 Appropriation for Legislative Liaison Balance at December 5, 2006 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ~ II County Administrator H-3 Amount $ 23,297.00 100,000.00 ($10,000.00) ($18,000.00) $ 95,297.00 FUTURE DEBT PAYMENT RESERVE COUNTY OF ROANOKE, VIRGINIA Audited Balance at June 30, 2006 FY 2006-2007 Original budget appropriation Less increase in debt service Add Economic Development Dropoff FY 2006-2007 Annual Capital Contribution County Schools Balance at December 5,2006 2,000,000 (3,079,903) 811,000 600,000 600,000 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge efr County Administrator K-~ $ 5,941,772 (268,903) 1,200,000 $ 6,872,869 ACTION NO. ITEM NO. 0- , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2006 AGENDA ITEM: Work session to discuss jail financing and construction schedule. SUBMITTED BY: John M. Chambliss, Jr., Assistant County Administrator Diane Hyatt, Chief Financial Officer APPROVED BY: Elmer C. Hodge fLIf County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been reserved to provide an update to the Board on the status of the regional jail project and the financing to be finalized in early 2007. The Western Virginia Regional Jail Authority (Authority) has recently obtained proposals for the construction of the new jail facility and is in the process of preparing the comprehensive agreement for the construction contract and anticipates obtaining the financing via a sale of notes and bonds in early 2007. Each of the four participating jurisdictions, Franklin County, Montgomery County, Roanoke County, and the City of Salem, will present similar updates to their respective governing bodies during late November and early December. The respective governing bodies will be asked to approve a resolution authorizing a continuing disclosure agreement concerning the financing for the new jail. This resolution describing the agreement has been prepared by the bond counsel for the Authority and indicates that the local governments will continue to provide copies of their audited financial statements and related items to the bond underwriters and/or investors in accordance with the rules of the Securities and Exchange Commission. This is similar to reporting requirements that the County has for its own outstanding bonded debt. This resolution will be presented to the Board at the December 19 meeting for approval. The bonds and notes financing this project will be issued by the Authority. The notes will be repaid from the monies received from the state for its share of the capital construction costs of the project, and the bonds will be repaid from the capital portion of the per diem rates in accordance with the service agreement between the four localities and the Authority, This debt will not be considered as bonded debt for the localities; however, the localities are responsible for their relative share of the debt service payment based on their percentage as defined in the service agreement. Roanoke County's percentage will be 38 percent initially. These monies must be included in the annual budget of each locality. During the work session, staff will provide an update on the project including the proposed construction schedule, financing implications, projected rates, and related financial and operating data. Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.