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HomeMy WebLinkAbout12/6/2006 - Regular - December 5, 2006 1003 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 5,2006 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December 2006. INRE: CALL TO ORDER Chairman Wray called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael A. Wray, Vice-Chairman Joseph P. McNamara, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Richard C. Flora MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Mary V. Brandt, Assistant Deputy Clerk; Diane D. Hyatt, Chief Financial Officer, Teresa Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Pastor Myron Atkinson of Penn Forest Wesleyan Church. The Pledge of Allegiance was recited by all present. 1 004 December 5, 2006 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge advised that Item E-1 was postponed until the January 9,2007, Board meeting. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1: Recoanition of Nancy J. Horn. Commissioner of the Revenue. for receivina the Master Commissioner of the Revenue certification ~ the Commissioner of the Revenue Association of Virainia. in coniunction with the Weldon-Cooper Center Chairman Wray recognized Nancy J. Horn, Commissioner of the Revenue. Anne Chambers, Giles County Commissioner of the Revenue, presented the Master Commissioner of the Revenue certificate to Ms. Horn. 2. Recoanition of the followina Virainia Association of Counties 2006 Achievement Awards received ~ the County of Roanoke: (a) Police Department: CommunicatinQ with the Media - A Winnina Approach Chairman Wray recognized Lieutenant Chuck Mason, Roanoke County Police Department, and Teresa Hall, Public Information Officer. Ray Lavinder, Chief of Police, was also present. December 5,2006 1005 (b) Community Development Department: Preservina the Blue Ridae Parkway Viewshed : A Team Approach Chairman Wray recognized Janet Scheid, Chief Planner. Arnold Covey, Director of Community Development, was also present. BRIEFINGS 1. Briefina and presentation ~ Virainia Amateur Sports. Inc. on the 2006 Commonwealth Games of Virainia. (Peter Lampman. President of Virainia Amateur Sports. Inc.) Mr. Lampman thanked Roanoke County for its on-going support of Virginia Amateur Sports and the Commonwealth Games of Virginia which is now officially known as the Coventry Commonwealth Games of Virginia. He advised that Virginia Amateur Sports had been recently recognized by the Roanoke Regional Chamber of Commerce as the 2006 Small Business of the Year in the non-profit category in the human health and human services area. He added that this recognition would not have been possible without the support of all the localities and businesses in the Roanoke area. Mr. Lampman advised that the 1 ih anniversary of the Coventry INRE: Commonwealth Games of Virginia has officially ended and has been declared another gold medal event due in no small part to the efforts of the Parks, Recreation, and Tourism Department under the direction of Pete Haislip. He reported that County staff did an outstanding job of preparing County facilities for the largest annual multi-sporting event held in Virginia. He further advised that he had prepared a brief report on the 1006 December 5, 2006 economic impact and demographics of this year's games. He reported that athletes and their families came from across the State of Virginia to participate in the games and that the economic impact was close to $4 million. The games also allowed local athletes to participate in a major sporting event in their own back yard. Mr. Lampman stated that over 9,000 athletes participated in this year's games with 78 percent of those athletes coming from outside the Roanoke area. The region west of the Roanoke Valley continues to provide the majority of those athletes. He advised that more than 143,000 athletes have competed in the games during its 17-year history. The percentage of women competing in the games is now 52 percent. He reported that the 18 and under age group comprises the largest segment of participants at 70 percent and that the second largest segment is the 25-44 age group. He added that more athletes over 45 competed than in the 19-24 age group. Mr. Lampman stated that the County receives an excellent return on its investment given the number of visitors and dollars the event brings to the Roanoke Valley annually. He advised that July 20 through 22, 2007, will be the opening weekend of next year's games and that the opening ceremonies will be held at the Roanoke Civic Center on July 20. He presented a plaque commemorating this year's games as a token of gratitude for the generous support Roanoke County has provided over the years. The Board expressed appreciation to Mr. Lampman for his work with this event with its positive economic impact on the Roanoke Valley. December 5, 2006 1007 INRE: NEW BUSINESS .1: Resolution approvinQ the abandonment of ! portion of State Route 633. Benois Road. and acceptina the dedication of ! ~ road into the secondary system. (Jill Loope. Assistant Director of Economic Development) This item was postponed until the January 9,2007, Board meeting. 2. Request to approve fundinQ in the amount of $184.775 for renovations to the Roanoke County Courthouse. (Anne Marie Green. Director of General Services) A-120506-1 Ms. Green advised that the Roanoke County Courthouse was built in 1985 and since that time, various renovations have been needed to keep pace with technology and to adjust to increasing workloads. Funding has also been needed for repair and replacement of major equipment. She further advised that since 2001, the County has been working to renovate the facility and replace old and worn out equipment. She reported that 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 a portion of the space vacated by the Court Services Unit has been renovated for the Sheriff's office. , 1008 December 5, 2006 Ms. Green outlined the following areas still in need of upgrading or renovation: (1) Juvenile & Domestic Relations (J&DR) Court Clerk's Office: Ms. Green reported that the Clerk's Office is cramped and lacks sufficient storage for the current caseload. She advised that space is available for expansion in a portion of the space 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. (2) ADA accessibilitv: Ms. Green advised that the double doors into the courtrooms are not wide enough to allow wheelchair access. She stated that when someone in a wheelchair needs to be in court, the deputies must lift the person out of the chair and carry them 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. (3) Break areas in iury rooms: Ms. Green advised that the original equipment provided in the jury rooms consists of one-piece metal cabinets which included a sink, small stove, and storage area. She added that 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 jurors access to a snack area. (4) Clerk of the Circuit Court Office carpet: Ms. Green advised that portions of the carpet in the Clerk's Office have worn out and become unglued, presenting a safety hazard. She December 5, 2006 1009 reported that 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 will not show as much wear and tear. (5) Juvenile and Domestic Relations Court: Ms. Green advised that 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. Ms. Green advised that 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. Ms. Green advised that funding is available in the County Minor Capital Fund and presented the following estimate: Contingency Total $108,000 19,000 15,775 4,000 22.000 $168,775 16.000 $184,775 Juvenile and Domestic Relations Clerk's Office Renovations ADA Doors Break areas CC Clerk Carpet Upholstery for J&DR Court Ms. Green requested that the Board approve the funding request for renovations to the Roanoke County Courthouse to improve working conditions and service levels for employees and users of the facility. There was no discussion on this item. .' 1010 December 5, 2006 Supervisor Church moved to approve the staff recommendation (approve 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). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First readina of an ordinance amendina Section 2-118 of the Roanoke County Code. "Manner of Addressina the Board-Time Limit". to provide for yieldina and accumulatinQ additional time for speakers. (Paul M. Mahoney. County Attorney) Mr. Mahoney advised that this is the first reading of an ordinance to amend the procedure in Chapter 2 of the Roanoke County Code pertaining to time limits for speakers addressing the Board at public hearings. He reported that in an ordinance approved in 1999, the time limit was set at three minutes per speaker; however, the Board has allowed an unwritten practice to develop where some individuals have been allowed to yield their time to other individuals. He reported that some individuals have abused this practice and that as a result, members of the Board have asked that the procedure be revised. Mr. Mahoney further advised that the Roanoke County Planning Commission has recently adopted its bylaws which limit the opportunity for speakers to yield their time, so that no one speaker will have longer than nine minutes to speak. He December 5, 2006 1011 stated that this draft ordinance aligns the Board's procedure with the procedure adopted by the Planning Commission to limit the amount of time that can be yielded, so that no one individual will be allowed to speak for more than nine minutes unless the Board chooses to grant additional time to that speaker. In response to an inquiry by Supervisor Flora, Mr. Mahoney reported that this revision would not alter an individual's right to speak at public hearings nor modify the three-minute time limit. Supervisor McNamara advised that this is a good ordinance in that it protects a citizen's right to speak by preventing a minority from monopolizing the process. He added that this amended procedure is a good compromise. Supervisor McNamara moved approval of the first reading of the ordinance as designed. Supervisor Wray requested that Mr. Mahoney provide an example of misuse of the current procedure. Mr. Mahoney advised that at a recent hearing, an individual claimed that his wife had yielded her time to him; however, Mr. Mahoney stated that he was acquainted with both the speaker and the speaker's wife and that she was not present at the meeting. He added that he interpreted that as misuse of the system. Supervisor Church advised that if this ordinance is approved, it should encourage more citizens to take the initiative to speak during meetings thus promoting greater participation. 1012 December 5, 2006 Supervisor Altizer stated that it is critical that citizens have the right to speak and that abuses of the procedure for yielding time have discouraged some from speaking due to the amount of time they are required to wait for their turn. He added that while not a part of this ordinance, it might be beneficial to allow individuals who wish to speak on their own behalf to speak ahead of individuals who will be speaking with yielded time to encourage greater participation. Chairman Wray advised that Supervisor McNamara had moved approval of the first reading of the ordinance and that the second reading would be held December 19, 2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second readina of an ordinance adoptina. amendinQ and reenactina and repealina various sections of Chapter 5. Animals and Fowl of the Roanoke County Code to conform to the Code of Virainia. (Paul M. Mahoney) 0-120506-2 Mr. Mahoney advised that there are no changes from the first reading of the ordinance. He further advised that his office had worked with the Commonwealth Attorney's Office and the Police Department, since those departments play an integral part in the enforcement of these provisions, to amend this chapter of the County Code December 5, 2006 1013 to bring it into compliance with several years of amendments that the General Assembly has adopted. He reported that some definitions have been revised and that the penalty section and the section dealing with dangerous and vicious dogs have been updated. There was no discussion on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None ORDINANCE 120506-2 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. 1014 December 5, 2006 (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 warden, 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 oood animal husbandry. handlino. production. manaqement. confinement. feedino. waterino. 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 sufferino 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 aoe. 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 oood health: is accessible to each animal; is prepared so as to permit ease of consumption for the aoe. 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. aoe. and condition of the animal. but at least once daily. except as prescribed by a veterinarian or as dictated by naturally occurrino states of hibernation or fastino normal for the species. Adequate shelter means provision of and access to shelter that is suitable for the species. aoe. condition. size. and type of each animal; provides adequate space for each animal; is safe and protects each animal from iniurv. rain. sleet. snow. hail. direct sunlight. the adverse effects of heat or cold. physical suffering. and impairment of health; is properly liohted; is properly cleaned; enables each animal to be clean and dry. except when detrimental to the species; and. for doos and cats. provides a solid surface. restina platform. pad. floormat. or similar device that is larae enouah 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 throuah the openings. (ii) saa under the animals' weiaht. or (iii) otherwise do not protect the animals' feet or toes from iniury are not adequate shelter. Adequate soace 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 (in 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 aae and size of the animal; is attached to the animal by a properly applied collar. halter. or harness confiqured so as to protect the animal from December 5, 2006 1015 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 stranaulation or iniury of the animal; and is at least three times the length 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 adeauate space. Adequate 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 fasting 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. * * * * "Companion animal" means any domestic or feral dOG. domestic or feral cat. nonhuman primate. Guinea piG. 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 bOUGht. sold. traded. or bartered by any person. AGricultural animals. Game species. or any animals reQulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Dangorous dog: Any 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 1016 December 5, 2006 comp3nion 3nim31, or which h3s been decl3red d3ngerous by 3ny gener31 district court or circuit court of this commomve31th or 3ny community servioe 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 ::mother 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 another 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 companion animal. dog or cat to remain on or about any premises occupied by him. * * * * To run at large: A domestic or feral dOG. exotic or poisonous animal or exotic bird or poultry ~ 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: !\ny dog, canine or c:::mine crossbreed which h3s (1) killed 3 person; (2) inflicted serious injury to 3 person, including multiple bites, serious disfigurement, serious imp3irment of health, or serious imp3irment of 3 bodily function; or (3) continued to exhibit the beh3vior '....hich resulted in a previous finding by a court or community service officer that it is 3 dangerous dog, provided th3t its owner h3s been given notice of th3t finding; or (4) 'Nhich h3s been found vicious by any gencr31 district court or circuit court of this commonwealth. "Vicious dOG" means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious iniurv to a person, includinG 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 findinG by a court or on or before July 1, 2006. by an animal control officer as authorized by local ordinance that it is a danGerous dOG, provided that its owner has been Given notice of that finding. Sec. 5-22. Violations of article. - REPEALED. Unless othel\'iise specific31ly provided, a violation of 3ny provision of this 3rticle sh31l constitute :3 CI3ss '1 misdemeanor. In addition, 3ny "3nim31 nuis3nce" 3S defined in section 5 21 m3Y also be corrected, removed or abated through an 3ppropriate 3ction at law or suit in equity by any person suffering injury or damage therefrom. December 5, 2006 1017 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 3ftor he3ring evidonce, tho oourt finds any dog to be 3 d:mgorous dog, the court sh31l, in 3ddition to 3ny other ponalties imposed, order tho dog's owner to oomply '/lith tho provisions of section 5 26.3. If any O'A'nor knew or re3sonably should h3\'e known 3ny dog to be a dangerous dog 3nd such dog thereafter C3uses 3 wound to any person, such owner sh31l be guilty of 3 Class 1 misdemo:mor. If any dOG previously declared to be a danGerous dOG bites a human beinG or attacks a human beinG causinG bodily iniury, such owner shall be Guilty 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 3ny owner kne'N or reason3bly should h3'1o known any dog to be 3 vioious dog and such dog thoro3fter C3uses a wound to 3ny person, such owner sh31l bo guilty of 3 Class 1 misdemo3nor. (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 W3rr3nt requiring the owner or custodian, if known, to appear before the county general district court at a specified time. The summons or 'N3rr3nt shall advise the owner or custodian of the nature of the proceeding and the matters at issue. When a W3rr3nt h3s 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 3ltorn3tive, 3ny community service officor, 3fter due investig3tion and \witten notice to the owner or custodbn of a dog, may determine 'Nhether 3 dog is 3 d3ngerous dog. If the community servico officer so determines 3 dog to be 3 d3ngorous dog, he sh311 ordor the 3nim31's o'lmor or custodbn to comply 'J.'ith the provisions of soction 5 26.3 of this code. If the 3nim31's o'lmer or custodi3n dis3groos with tho community 1018 December 5, 2006 service officer's determination, he may appeal the determination to the county general district court for a trial on the merits. (2) If. after hearing the evidence. the court finds that the animal is a danqerous doa. the court shall order the animal's owner to complv with Sections 5-26.2 and 5.26.3 of the county 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 S 3.1 796.1 05 ~ 3.1-796.104 of the Code of Virginia or its successor. 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 reaistration 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 service officer shall provide a COpy of the danaerous doa reqistration 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: * * * * December 5, 2006 1019 (c) The owner of any dangerous dog shall procure and maintain public liability insurance in the amount of fifty thousand dollars ($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. * * * * Sec. 5-28. Running at large--Prohibited. (a) It shall be unlawful for the owner of any domestic or feral dOG, exotic or poisonous animal or exotic bird or poultry aeg to permit such domestic or feral dOG. exotic or poisonous animal or exotic bird or poultry aeg to run at large in the county at any time during any month of the year. (b) This section shall not apply to a aeg 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 aeg 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 ~ 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. 1020 December 5, 2006 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 by any person sufferinG iniury or or damaGe 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 dolbrs ($10.00) nor more th:m twenty dollars ($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 t\venty 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 two 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 by its owner to a pound. animal shelter. or other releasing agency. 2. This ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 2. Second readina 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 M. Mahoney) 0-120506-3 Mr. Mahoney advised that there were no changes from the first reading of the ordinance. He further advised that this is a donation of approximately 152 acres on Read Mountain from Fralin and Waldron to Roanoke County and that Fralin and December 5, 2006 1021 Waldron is an excellent example of a generous and civic minded corporation. He reported that this land is subject to a conseravtion easement that has been granted to the Virginia Outdoors Foundation. Mr. Mahoney added that this is an opportunity to protect ridgelines, views, and open spaces as well as provide passive recreation for citizens. He stated that representatives of Fralin and Waldron had attended the November 14, 2006, Board meeting to discuss this donation. Supervisor Wray thanked Fralin and Waldron for their generous donation and added that this is a good example of what can be accomplished through cooperation to preserve Roanoke County's scenic beauty. Supervisor Wray moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None ORDINANCE 120506-3 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 1022 December 5, 2006 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. On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None INRE: APPOINTMENTS 1. BuildinQ Code Board of Adiustments and Appeals (Fire Code Board of Appeals) Chairman Wray advised that the four-year term of Richard L. Williams expired on October 24,2006, and that the four-year term of Wilmore T. Leffell will expire on December 12, 2006. Supervisor Flora requested clarification regarding the composition of this board. Mr. Hodge advised that he would provide this information prior to the next Board meeting. December 5, 2006 1023 2. Library Board (Appointed ~ District) Chairman Wray advised that the four-year term of Phyllis C. Amos, Cave Spring Magisterial District, will expire on December 31, 2006. He further advised that he would have a nominee prior to the next Board meeting. 3. Western Virainia Reaional Jail Authority Chairman Wray advised that the one-year terms of Joseph P. McNamara, elected representative, and Richard C. Flora, alternate elected representative, will expire on December 31, 2006. He further advised that based on the rotation schedule established by the Board, Supervisor Flora is scheduled to move to the elected representative position and Supervisor Altizer is scheduled to become the alternate elected representative. It was the consensus of the Board to appoint Richard C. Flora to serve as the elected representative and Michael W. Altizer to serve as the alternate elected representative. These one-year terms will expire on December 31, 2007, and confirmation of these appointments was added to the consent agenda. IN RE: CONSENT AGENDA R-120506-4; R-120506-4.a Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 1024 December 5, 2006 RESOLUTION 120506-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM 1- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for 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 3, 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 3. Confirmation of committee appointments 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 120506-4.a 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 December 5, 2006 1025 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 'Nodnesd3Y Tuesday, J3nu31)' 9, January 8, 2008 at 2:00 p.m. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 4. Future Debt Payment Reserve 1 026 December 5, 2006 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Altizer: (1) He advised that a community meeting was held on November 28, 2006, concerning fire hydrant and water pressure issues in the Town of Vinton, and he thanked the residents of Falling Creek for their participation. He further advised that the residents' concerns had been noted and that he was working with the Town to see that those concerns are resolved. He reported that there would be a second community meeting in January for those who were unable to attend the November meeting. (2) He advised that starting January 8,2007, he would hold regular office hours each Monday, from 5:00 p.m. until 7:00 p.m. at his office in the Roanoke County Administration Center to provide citizens wishing to meet with him an opportunity to do so. He stated that he was glad that his schedule gives him the flexibility to make this service available to his constituents. Supervisor Flora: He advised that he and Supervisor McNamara, in conjunction with the Roanoke County School Board, had made a presentation in spring 2006 on the County's joint CIP funding program to the National School Board Association and that he and the County School Board had made the same presentation last month to the Virginia School Board Association. He further advised that these presentations had been very well received and that those in attendance had been very interested in the program. He stated that this information should be made available to local governing bodies as well. He requested that Mr. Hodge contact the Virginia December 5, 2006 1027 Municipal League and the Virginia Association of Counties to see if those organizations would be interested in having Roanoke make a similar presentation to their members. Supervisor McNamara: (1) He advised that Virginia Towns and Cities magazine had recently published an article on the joint CIP funding program. (2) He advised that Parks, Recreation, and Tourism held its annual Christmas tree lighting recently; and that although he had been unable to attend, he wanted to congratulate the Department for a successful event which he has enjoyed in past years. Supervisor Church: He advised that he was offering a special prayer on behalf of the family of King Harvey and especially his wife, Elizabeth, for continued healing during the holiday. Supervisor Wray: (1) He advised that Tom and Doris Wickline who are pillars of the Clearbrook community were experiencing some illness and that he hoped they would both be feeling better soon. (2) He requested that Mr. Hodge investigate the truck situation on Stable Road and advise him on the status. INRE: CLOSED MEETING At 4:01 p.m., Supervisor Wray moved to go into closed meeting prior to the work session 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 1028 December 5, 2006 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. The motion carried by the following recorded vote: Supervisors McNamara, Church, Altizer, Flora, Wray None CLOSED MEETING The closed meeting was held from 4:13 p.m. until 5:28 p.m. ABSENCE Supervisor Flora left the meeting at 5:31 p.m. WORK SESSIONS 1. Work session to discuss iail financina and construction schedule. (John M. Chambliss. Assistant County Administrator: Diane D. Hyatt. Chief Financial Officer) The work session was held from 5:32 p.m. until 5:38 p.m. Mr. Chambliss advised that much of the information presented today is a recap of the information presented during the Board's retreat at the Homestead. He further advised that to finance the jail, the Western Virginia Regional Jail Authority (Authority) is planning a bond sale in January 2007. He added that the per diem rates have remained approximately the same and that the debt repayment has been extended to 30 years. He reported that the interest rate has been reduced from the AYES: NAYS: INRE: IN RE: INRE: December 5, 2006 1029 original 6 percent estimate to approximately 4.7 percent. He advised that interest has been capitalized until fiscal year 2009, so the first payment will be not be due until the middle of 2009 when the Authority will begin to pay the debt service. Supervisor Altizer inquired about the current status of the bond market. Ms. Hyatt reported that the current rates are at a record low and should remain low until after the bond sale. Mr. Chambliss advised that the Authority has hired a construction management group. He added that this is the same company overseeing the construction of the public safety building. They are presently reviewing the construction proposals that have been received. He reported that a constructability review is also underway and that site work is almost complete. He further advised that the Authority plans to begin working on the comprehensive agreement in the next few weeks. He added that the Authority hopes to award the contract later in December. He advised that the financing for the bond sale is summarized in the handout distributed at the beginning of the work session. Mr. Chambliss reported that construction is scheduled to take approximately 22 months once the notice to proceed is given and that the building will be ready for occupancy in the fourth quarter of 2008. Mr. Chambliss advised that the Authority has had conversations with Brooks Ballard with the Department of Corrections regarding the additional anticipated project costs, and she has been very much a party to the approval process. He added 1030 December 5, 2006 that she will submit the final figures to the State Board of Corrections, and it is believed they will share appropriately in the full cost. In response to a query from Supervisor Altizer, Mr. Chambliss advised that once the final figures are submitted to the State, those figures cannot be changed. Supervisor Wray inquired what the current bond rate is. Ms. Hyatt responded that it was currently 4 percent. Mr. Chambliss advised that the next step is for each of the participating jurisdictions to approve a resolution authorizing a continuing disclosure agreement for the financing of the jail. This resolution will be brought to the Board at their December 19, 2006, meeting. He further advised that Montgomery County took this same action at their Board meeting last week. The remaining jurisdictions will take this action at their respective meetings in December. Mr. Hodge asked Mr. Chambliss to confirm that each of the jurisdictions will have taken this action prior to the Authority's bond sale in January 2007. Mr. Chambliss responded that was correct. Supervisor McNamara inquired whether the future capacity of the jail will be sufficient without taking into consideration the capability to double bunk prisoners. Mr. Chambliss responded that there will be 900 beds at the facility which should be adequate; however, it will be possible to expand in the future if necessary. Mr. Hodge noted that every effort has been made to recover as much of the costs as possible. Supervisor McNamara responded that he understood that as the number of beds is December 5, 2006 1031 increased, the debt term is also increased; however, he stated that the jail should be built to meet future demand. IN RE: CERTIFICATION RESOLUTION R-120506-5 At 5:38 p.m., Supervisor Wray moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Wray NAYS: None ABSENT: Supervisor Flora RESOLUTION 120506-5 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Wray NAYS: None ABSENT: Supervisor Flora 1 032 December 5, 2006 IN RE: ADJOURNMENT Supervisor Wray adjourned the meeting at 5:38 p.m Submitted by: Approved by: randt, nt Deputy Clerk ~~Q.L0~( Michael A. Wray - . \ Chairman