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HomeMy WebLinkAbout9/9/2008 - Regular/OAN~ /~ z -o r I 1838 Roanoke County Board of Supervisors Agenda September 9, 2008 Good afternoon and welcome to our meeting for September 9, 2008. 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 Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed-captioned, so it is important that anyone addressing the Board speak directly into the microphones at the podium. 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 T0, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring September 13, 2008, as Commodore John Barry Day, in the County of Roanoke D. BRIEFINGS E. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding a proposed amendment to the fiscal year 2008-2009 budget in accordance with Section 15.2-2507, Code of Virginia. (Brent Robertson, Director of Management and Budget) F. NEW BUSINESS 1. Request to appropriate $3,170,004 school funds for professional services for the four elementary schools. (Diane Hyatt, Chief Financial Officer; Dr. Martin Misicko, Director of School Operations) 2. Request to appropriate $1,132,950 school funds for professional services for the William Byrd High School addition/renovation project. (Diane Hyatt, Chief Financial Officer; Dr. Martin Misicko, Director of School Operations) 3. Request to adopt resolution authorizing the abandonment of right-of-way shown as a portion of Brentwood Court on plat of Section No. 3 of Kingston Court, Plat Book 11, page 39; the acceptance of the Extension of Brentwood Court into the State Secondary System; and the recission of Resolution 031108-4.d adopted on March 11, 2008, Windsor Hills Magisterial District. (Joe Obenshain, Senior Assistant County Attorney) 4. Request to approve resolution initiating an amendment to Section 30-91-2, General Regulations for Parking, of the Roanoke County Zoning Ordinance to modify provisions relating to parking of boats on corner lots. (Paul Mahoney, County Attorney) G. FIRST READING OF ORDINANCES 1. First reading of ordinance electing to assume the power to consider petitions for the creation of Community Development Authorities (CDA). (Paul Mahoney, County Attorney) 2. First reading of an ordinance to amend Ordinance 0-120506-3 to accept the conveyance of a total of 153.029 acres of real estate located on Read Mountain from Fralin & Waldron, Inc. (Pete Haislip, Director, Parks, Recreation and Tourism; Janet Scheid, Greenway Planner) 3. First reading of an ordinance to accept the conveyance of three parcels of unimproved real estate for the extension of Huffman Lane, Route 761, Vinton Magisterial District, and to authorize the addition thereof to the State Secondary System of Highways. (Joe Obenshain, Senior Assistant County Attorney) 4. First reading of an ordinance to amend Section 8.1-6 of Chapter 8.1 "Erosion and Sediment Control" of the Roanoke County Code to add certified landscape architect as a professional to prepare erosion and sediment control plans. (Tarek Moneir, Deputy Director of Development) H. SECOND READING OF ORDINANCES APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee 2. Economic Development Authority 3. Length of Service Awards Program (LOSAP) for Fire and Rescue 4. Library Board 5. Social Services Advisory Board (appointed by district) J. 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. Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $32,350 for two grants from the Virginia Department of Health for heart monitors and replacement of laptop computers on ambulances 2. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $53,042 from the Virginia Department of Health for purchase of new ambulance 3. Request from the schools to accept and appropriate funds in the amount of $24,990.47 for Fiscal Year 2008-2009 4. Request to donate a surplus Motor Grader to Craig County 5. Request to approve amendment to the Roanoke County Bonding Policy 6. Confirmation of committee appointments 7. Resolution of appreciation to Michael L. Lewis, Fire and Rescue Department, upon his retirement after twenty years of service K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Telecommunications Tax Comparison Report 5. Statement of the Treasurer's Accountability per Investment and Portfolio Policy as of August 31, 2008 O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph B. "Butch" Church 2. Michael W. Altizer 3. Joseph P. McNamara 4. Charlotte A. Moore 5. Richard C. Flora P. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (1) the discussion and consideration of prospective candidates for employment, and the appointment of a specific public officer, namely county administrator; and Code of Virginia Section 2.2-3711 A (1) to discuss appointment of prospective candidates, namely, appointment of public officers to the Economic Development Authority Q. WORK SESSIONS (Training Room - 4t" floor) 1. Work session for presentation of Center in the Square renovation project. (Dr. James C. Sears, President and General Manager, Center in the Square) 2. Work session with representatives from the Greenway Commission to discuss the status of greenways and trails, funding issues, and the Intergovernmental Agreement. (Pete Haislip, Director, Parks, Recreation and Tourism; Janet Scheid, Greenway Planner) 3. Work session on the Solid Waste Ordinance. (Anne Marie Green, Director, General Services) 4. Work session to discuss trash collection. (Requested by Supervisor Moore and presented by Paul Mahoney, County Attorney) 5. Work session to discuss the County's Noise ordinance. (Requested by Supervisor Moore and presented by Paul Mahoney, County Attorney) 6. Work session to refresh the Board's understanding of "leash" laws in the County. (Requested by Supervisor Flora and presented by Paul Mahoney, County Attorney) R. CERTIFICATION RESOLUTION S. ADJOURNMENT 5 ACTION NO. I"fEM NO. C J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: APPROVED BY: September 9, 2008 Proclamation declaring Saturday, September 13, 2008, as Commodore John Barry Day in the County of Roanoke John M. Chambliss, Jr. County Administrator ~`~ COUNTY ADMINISTRATOR'S COMMENTS: ~~ Gl' m a~~n c~ H~969rz~ t, ~ SUMMARY OF INFORMATION: The Ancient Order of Hibernians is a fraternal organization that was founded in New York in 1836 and whose members must be Catholic and either Irish born or of Irish descent. "fhe Order's original purpose was to act as protectors of Catholic Churches from anti- Catholicforces in the mid 19th cent~_iry and to assist Irish immigrants especially those who faced discrimination or harsh working conditions in coal mines. The Order is the oldest Catholic lay organiza~kion in America and the largest Irish Catholic society in the world with divisions across the United States and close ties with the Ancient Order of Hibernians in Ireland, England, Scotland, and Wales. The Order's current purpose is to promote friendship, unity, and Christian charity among the organization's members. "fhe members of the Roanoke Chapter of the Order, Father Lynch Division One, have asked the Board to declare Saturday, September 13, 2008, as Commodore John Barry Day in the County of Roanoke. They are making this request to honor Commodore Barry, a Revolutionary War hero who is considered the "Father of the American Navy", for his many accomplishments on the 205t" anniversary of his death. Members of the Roanoke Chapter of the Order will be present to accept the proclamation. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA"I"ION CEN"fER ON TUESDAY, SEPTEMBER 9, 2008 PROCLAMATION DECLARING SATURDAY, SEPTEMBER 13, 2008, AS COMMODORE JOHN BARRY DAY IN THE COUNTY OF ROANOKE WHEREAS, John Barry was born in Ireland in 1745 and emigrated to Philadelphia, Pennsylvania, in 1760 where he became a merchant seaman and earned command of several ships; and WHEREAS, at the outbreak of hostilities between England and the Colonies, Captain Barry offered his services to the Continental Congress and was awarded a captain's commission and command of the warship Lexington in 'the newly formed Continental Navy in 1776; and WHEREAS, Captain Barry was responsible for the first capture of a British warship by a regular American cruiser during the Revolutionary War and fought the final battle of the war; and WHEREAS, in 1777, with the British capture of Philadelphia imminent, Captain Barry docked his ship and volunteered his services to the Continental Army and fought in the battles of Trenton and Princeton; and WHEREAS, when President Washington established a permanent American Navy, Captain Barry was selected senior Captain of the Navy receiving Commission Number One from the President on February 22, 1797, and the courtesy title of Commodore; and WHEREAS, Commodore Barry commanded the American fleet for many years, worked tirelessly to improve its condition through the establishment of the Department of the Navy, and remained as the head of the Navy until his death on September 13, 1803; and WHEREAS, Commodore Barry was named the Father of the American Navy by his contemporaries due to his skill in training many young officers who became heroes during the War of 1812. NOW THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim and recognize September 13, 2008, as COMMODORE JOHN BARRY DAY in the County of Roanoke in honor of his many achievements and to commemorate the 205th anniversary of his death. 2 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: September 9, 2008 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendment to the fiscal year 2008-2009 budget in accordance with Section 15.2-2507, Code of Virginia SUBMITTED BY: APPROVED BY: Brent Robertson Director, Management and Budget John M. Chambliss, Jr. ~~ County Administrator ~- COUNTY ADM/INISTR/ATOR'S COMMENTS: > ` ~`/ ~.~ PGl fL/~ C ~ [~ Ce Y f h _5 i,o /~f~ Gl f P v .~ i /7 O1a" fl~r f0 ~ OI`3 S i G~~' /- i^ P `,;_ SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the fiscal year 2008-2009 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 percent of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment(s). This notice was published on September 2, 2008. 1. Request to appropriate $3,170,004 School funds for Professional Services for the four elementary schools. 2. Request to appropriate $1,132,950 School funds for Professional Services for William Byrd High School Renovations. 3. Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $32,350 for two grants from the Virginia Department of Health. 4. Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $53,042 for a grant from the Virginia Department of Health. 5. Request from the schools to accept and appropriate funds in the amount of $24,990.47 for Fiscal Year 2008-2009. FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the appropriations will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. 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: AGENDA ITEM: SUBMITTED BY: September 9, 2008 Request to appropriate $3,170,004 school funds for professional services for four elementary schools Diane D. Hyatt Chief Financial OfFicer Dr. Martin Misicko Director of School Operations APPROVED BY: John M. Chambliss ~- County Administrator ~` COUNTY ADMINISTRATOR'S COMMENTS: p Ct .~ S ~/7r /1~~ si`z~..~ cam- ll ~ e. dLr/c~! 1 ~„% ~e. SUMMARY OF INFORMATION: In order to proceed with the design of renovations at Mason's Cove, Mount Pleasant, Green Valley, and Cave Spring Elementary Schools, funds are needed forA&E and other related professional fees in the amount of $3,170,004 as shown on the attached schedule. Once the design work is complete, the specifications must be filed with the Department of Education prior to advertizing the project for bids in order to be eligible for literary fund loans. After the bid process is completed and the total project cost has been calculated, literary loans and/or VPSA bonds will be used to reimburse the design costs. The required reimbursement resolution was approved by the County Board on August 12, 2008 and the School Board on August 14, 2008. FISCAL IMPACT: A total of $3,170,004 will be advanced from the Future Debt Service Reserve Fund which contains $3,488,000 in funding in FY 08-09 for the debt service associated with renovating these four elementary schools until the future literary loan/VPSA bonds are sold. STAFF RECOMMENDATION: Staff recommends appropriation of the advance of $3,170,004 from the Future Debt Service Reserve Fund for the professional services related to the design of the renovation projects at Mason's Cove, Mount Pleasant, Green Valley, and Cave Spring Elementary schools until the future literary loan/VPSA bonds are sold. Advance Needed for 4 Elementary School Renovations ITEM DESCRIPTION Green Valley Mount Pleasant Cave Spring Elem Mason's Cove Elem Total FEES A&E Fee: Assessment Phase Study $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 300,000 A&E Fee: Basic Services 529,146 529,146 529,082 518,478 2,105,851 Credit Back from Assessment Phase (25,000) (25,000) (25,000) (25,000) (100,000) A&E Reproduction & Misc. Reimbursable Costs 15,000 15,000 15,000 15,000 60,000 FF&E Design Fee 33,332 33,332 33,328 32,660 132,652 Site Topo/Survey Fees 9,500 9,500 11,500 15,000 45,500 Civil Engineering & Landscape Fees 50,000 50,000 50,000 100,000 250,000 Off-Site Water/Sewer Engineering Fees 0 0 0 25,000 25,000 Sanitary Disposal Water Engineering Fees 0 0 0 70,000 70,000 Geothermal Testing & Analysis Fees 9,000 9,000 9,000 9,000 36,000 Soils Investigations Fees 5,000 5,000 5,000 7,000 22,000 Hazardous Materials Design/Monitoring Fees 10,000 10,000 10,000 10,000 40,000 Regulatory Site Review/Permit Fees 2,000 2,000 2,000 2,000 8,000 Utility Connection Fees 0 15,000 0 0 15,000 Value engineering services 40,000 40,000 40,000 40,000 160,000 Total $ 752,978 $ 767,978 $ 754,910 $ 894,138 $3,170,003 09-09-Attachment Approp for Elem Schools.xls 9/3/2008 AC"PION NO. ITEM NO. I"'Z- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 9, 2008 Request to appropriate $1,132,950 school funds for professional services for the William Byrd High School addition/renovation project Diane D. Hyatt Chief Financial Officer Dr. Martin Misicko Director of School Operations John M. Chambliss ~ County Administrator CO7UNTY ADMINISTR/fATOR'S COMMENTS: j7 i^ s~, S ~ t. lC D (,~~ , l ~ D ~ 4L/ ~.. i ~ ~lz_ -/ t' Lr. n S tr! R,I" ~ i-N c?.% / : v fa J' Cvnc.~rn,~ SUMMARY OF INFORMATION: William Byrd High School is the next project on the School capital improvements plan. Based on the funding plan of the Future Debt Service Reserve Fund, the design work on the project is scheduled for 2008-09, with the debt service to begin in 2009-10. In order to proceed with the design of the addition/renovation of William Byrd High School, funds are needed forA&E and other related professional fees in the amount of $1,132,950 as shown on the attached schedule. Once the design work is complete, the specifications must be filed with the Department of Education prior to advertizing the project for bids in order to be eligible for literary fund loans. After the bid process is completed and the total project cost has been calculated, literary loans and/or VPSA bonds will be used to reimburse the design costs in excess of $900,000 (amount planned to be funded by the School Major Capital Reserve), or $232,950 The required reimbursement resolution was approved by the School Board on October 26, 2005 and the Board of Si.ipervisors on November 15, 2005. FISCAL IMPACT: A total of $1,132,950 will be advanced from the School Major Capital Reserve until the future literary loan/VPSA bonds are sold. STAFF RECOMMENDATION: Staff recommends appropriation of the advance of $1,132,950 from the School Major Capital Reserve for professional services related to the design of the WBHS addition/renovation project until the future literary loan/VPSA bonds are sold. Advance Needed for Wm Byrd High School Addition/Renovation WBHS FEES A&E Fee: Assessment Phase Study $ 100,000 A&E Fee: Basic Services 796,290 Credit Back from Assessment Phase 0 A&E Reproduction & Misc. Reimbursable Costs 15,000 FF&E Design Fee 50,160 Site Topo/Survey Fees 13,500 Civil Engineering & Landscape Fees 60,000 Off-Site Water/Sewer Engineering Fees 0 Sanitary Disposal Water Engineering Fees 0 Geothermal Testing & Analysis Fees 9,000 Soils Investigations Fees 5,000 Hazardous Materials Design/Monitoring Fees 10,000 Regulatory Site Review/Permit Fees 2,000 Utility Connection Fees 12,000 Value Engineering Services 60,000 Total $1,132,950 09-09- Attachment Approp for Wm Byrd.xls 9/3/2008 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: AGENDA ITEM: SUBMITTED BY: September 9, 2008 Resolution authorizing the abandonment of right-of-way shown as a portion of Brentwood Court on plat of Section No. 3 of Kingston Court, in Plat Book 11, Page 39, of ~I:he Roanoke County Circuit Court Clerk's Office, the acceptance of the extension of Brentwood Court into the State Secondary System, and the recission of Resolution 031108-4.d adopted on March 11, 2008, said right-of-way located in the Windsor Hills Magisterial District Joseph B. Obenshain Senior Assistant County Attorney COUNTY ADMINISTRATOR'S COMMENTS: :~@. LG°/y7 n7 Nit ~~ O~~n,~i-[J r~r../ SUMMARY OF INFORMATION: f~ ~ lP.,..- ~.~ ~.~,.r r~,~.../ ,.rfu ~ - ~~ In October 1990, a street designated as Brentwood Court in Section 3 of Kingston Court subdivision in the Windsor Hills Magisterial District, was accepted by the Virginia Department of Transportation (VDOT) as Virginia Secondary Route 1983 upon Resolution of the Board of Supervisors. In 2008, upon the completion of development of an adjoining subdivision, The Manor of Kingston Court, Brentwood Court, was extended to serve this new subdivision. On March 11, 2008, the Board adopted Resolution 031108-4.d requesting VDOT to accept the extension of Brentwood Court into the state's Secondary Road System. VDOT officials have raised concerns about the Board's prior Resolution for Brentwood Court as a result of changes in their procedures for acceptance of subdivision streets into the state's Secondary Road System and the subsequent vacation of surplus properties. Therefore, the County Attorney's Office and the Department of Community Development have met with officials of VDOT to coordinate our procedures with the state's current requirements. Once this Resolution is adopted and forwarded to VDOT, we anticipate receiving notification from the Transportation Commissioner, as required by the Code of Virginia, that property which was part of the original cul-de-sac of Brentwood Court is surplus for future road use and may be vacated and returned to the adjoining lot owners. STAFF RECOMMENDATION: Staff recommends approval of the Resolution in order that formal VDOT approval may be obtained to permit the vacation of surplus property abutting Brentwood Court. 2 AT A REGULAR MEE"PING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 9, 2008 RESOLUTION AUTHORIZING 'fHE ABANDONMENT OF RIGHT-OF-WAY SHOWN AS A PORTION OF BRENTWOOD COURT ON PLAT OF SECTION N0.3 OF KINGSTON COURT, IN PLAT BOOK 11, PAGE 39, OF THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, THE ACCEPTANCE OF THE EXTENSION OF BRENTWOOD COURT INTO THE STATE SECONDARY SYSTEM, AND THE RECISSION OF RESOLUTION 031108-4.d ADOPTED ON MARCH 11, 2008 ,SAID RIGHT- OF-WAY LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the plat of Section No. 3 of Kingston Court subdivision, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 11, page 39, dedicated a street designated as Brentwood Court extending from Chippenham Drive to a turn around or cul-de-sac, which street has been accepted into the Secondary Road System by Resolution 10990-4.c of the Roanoke County Board of Supervisors; and WHEREAS, the plat of The Manor of Kingston Court, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 27, page 156, extended the street designated as Brentwood Court, VA Secondary Route 1983, which extends Brentwood Court from its existing terminus to the end of a new permanent cul-de-sac in this subdivision; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, on March 11, 2008, approved a request for the acceptance of this 0.08 miles of Brentwood Court (Route 1983) into the Virginia Secondary Road System and the abandonment of 3,392 square feet of exiting VDOT right-of-way to revert to Lot 16, Block 2, Section 3 of Kingston Court subdivision; and i WHEREAS, the Virginia Department of Transportation (VDOT) has expressed reservations regarding the sequence in which the initial portion of Brentwood Court, Route 1983, had been abandoned and the request made by the Board for the acceptance of the entire length of Brentwood Court into the State Secondary System; and WHEREAS, those portions of Brentwood Court identified to be abandoned and discontinued are deemed to no longer serve public convenience which would warrant their maintenance at public expense; and WHEREAS, the new road area serves the same citizens as those portions of Brentwood Court identified to be abandoned and those segments no longer serve a public need; and WHEREAS, the above-described portion of street or road is more clearly indicated as "ACCEPTANCE OF AN EXTENSION OF BRENTWOOD COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM AND ABANDONEMENT OF 1,326 S.F. OF EXISTING ROW", prepared by Roanoke County Department of Community Development and attached hereto as Exhibit "A"; and NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution 031108-4.d adopted by this Board on March 11, 2008, is hereby rescinded. 2. That pursuant to § 33.1-155 of the Code of Virginia, 1950 as amended, this Board hereby orders abandoned from the secondary system of state highways the portion of Brentwood Court ,State Route 1983, from a point (A) 0.0155miles from Chippenham 2 Drive, State Route 1980, to a point (B) 0.0395 miles from Chippenham Drive, State Route 1980, a total distance of 0.024 miles. 3. That pursuant to § 33.1-229 of the Code of Virginia, 1950, as amended, this Board hereby establishes as part of the secondary system of state highways an extension of Brentwood Court, State Route 1983, from a point (A) 0.0155 miles from Chippenham Drive, State Route 1980, to a point (B) 0.0395 miles from Chippenham Drive, State Route 1980, a total distance of 0.024 miles and requests 'the Virginia Department of Transportation to accept and maintain this new subdivision street extension. 4. That pursuant to § 33.1-229 of the Code of Virginia, 1950, as amended, this Board hereby establishes as part of the secondary system of state highways an extension of Brentwood Court, State Route 1983, From a point (B) 0.0395 miles from Chippenham Drive, State Route 1980, to a point (C) 0.0855miles from Chippenham Drive, State Route 1980, a total distance of 0.070 miles and requests the Virginia Department of Transportation to accept and maintain this new subdivision street extension. 5. That upon receipt of the County's receipt of notification from the Commonwealth Transportation Commissioner as required by Section 33.1-154, Code of Virginia, (1950 as amended) that any remaining public right of way is no longer deemed necessary for public use, such property may be deemed vacated and may be returned to adjoining landowners by subsequent action of tl-~is Board. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3 7. "that this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in 'the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia (1950, as amended). 8. That a certified copy of this ordinance shall be forwarded to the Salem Resident Engineer for the Virginia Department of Transportation (VDOT). 4 EXHIBIT A --_ _ -=_ f ..I_____- t VICINI'TYMAP ~~ NORTH ~Uisz~n acceptance of the ex~ens;tion Court, this area of ROV1/Wwiit ~ever~ back`to'Lot 1fi^ Biock 2,•SectiQ~ 3 of Kingston Caprt . ,as stated on plat;•~ `' ~- ;f; ~` recorded in P.B." _ ,`;~ `~ ~ 11; P.G. 39. ;'. \ ~~ ~ `\ ~ ~ ~l , `'~~. ~ `~ f -1 ~ V j -- I-1' ltr- ,.._.t _ _ .. .__~ Sri flrN ~~ ~j ~~.~ %'4, ~ _"_. ~. _1_ ,.. _1~ ~ _ r,~~a, F--'-- ~... , ..:a.:-. -.~ y ~5 3a LoT r Lor x . ~ r l : h6 41: ~ 52•d ! fl...I r: _ ;.- ~~.. ' .. ....., i , _ t _ ff~~ JJ c f z ~~ - +" tar 3 1 I ~ HRH ; '~ ,''b - 1 -~ f ~ . x"" .ft f~~ o .~_ u ; r LOT 4 ~ ' ~• --rrvs t,.. ~ ~ '~'S ~~ ~ JGJ o.o~~ nc ~ I f ~ v :u Lor s , . LOT 6 tssec ~h ~ ._ .......~_. ~~; ~u a,i 0 +JO A: S :. n .r or..,~•. ..r. ~.. .a;a... -- --' !felt 0.-61 V0.L! ~-~.~.L-1]'qC Jr. ~~ ~ ' ~~ ~ ~i~ PROPOSED ADDITION SH01%VN~IN GRAY AND ABANDONMENT !N BLACK RIGHT OF ROADWAY DESCRIPTION LENGTH WAY WID`fH SERVECES Miles Feet Feet Houses Brentwood Courf Extension, from the existing end of Brentwood court to ils cul•de-sac Abandonment of 1,326 5 F of existing ROW 0 OB 40 28 6 ROANOKE COUNTY ACCEPTANCE OF AN EXTENSION OF BRENTWOOD DEPARTMENT OF COURT INTO T'NE VIRGINIA DEPARTMENT OF COMMUNITY DEVLOPMENT TRANSPORTATION SECONDARY SYSTEM AND ABANDONMENT OF 1,326 S. F. OF EXISTING ROW ACl'ION NO. ITEM ~~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 9, 2008 AGENDA ITEM: Request to approve resolution ir~itiatir~g an amendment to Section 30-91-2, General Regulations for Parking, of the Roanoke County Zoning Ordinance to modify provisions relating to parking of boats on corner lots SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: "fhe Roanoke County Zoning Ordinance places certain limits on the parking of recreational vehicles, boats and utility trailers on corner lots. Section 30-91-2 of the Zoning Ordinance treats corner lots that front on two streets as having two front yards (each yard that fronts on a street shall be considered a front yard), and that recreational vehicles, boats and utility trailers shall be parked in a side or rear yard behind the front building line. By amending the zoning ordinance, it would increase the flexibility the County would allow the parking of recreational vehicles, boats and utility trailers in the side or front yards of corner lots. On April 22, 2008, the Board of Supervisors adopted a resolution requesting the Planning Commission to consider an amendment to the zoning ordinance to address this issue. The Plaririing Commission reported to the Board of Supervisors that it would not recommend a change to this provision of the zoning ordinance. At a work session on August 26, 2008, Supervisor McNamara requested that this item be submitted to the Board for its consideration to direct an amendment to either allow the parking of boats up to 21 feet in length in side yards of corner lots or to revert the ordinance to its language prior to the April 27, 1999 amendments. A copy of this amendment is attached to this report FISCAL IMPACT: None. AL"fERNATIVES: 1. Adopt the resolution initiating an amendment to the Roanoke County Zoning Ordinance to modify the provisions for the parking of boats on corner lots. 2. Adopt the resolution initiating an amendment to the Roanoke County Zoning Ordinance to revert to the pre-April 27, 1999 ordinance. 3. Take no action at this time. STAFF RECOMMENDATION: Staff recommends that the Planning Commission's recommendation be upheld. 2 (~66A ~~3€~#3) square feet. (C) Additional standards in the AG-3, AG-1 and districts: Sec. 30-87-.05. Amateur Radio Tower. (C) 1. The maximum height permitted by right for an amateur radio tower shall be sixtq=five of (6~ ) feet. Any tower that exceeds this height may be permitted only after obtaining a special use permit in accordance with Section 30-19 of this ordinance and the additional criteria established under (D) for such permits below. Sec. 30-90-4 Minimum Standards and Improvements Required >;~;ras~us ~ b~: made. far .v..~c~.I cess:;a~d: turn aro~nc~.l.or re ... Iar .. ~~~du~e .<~~::::::;:>::::::,:::;::>LEA"el~'::::;:::<~>>:<~::<>::>:`t~a~:::''::; :.,`:':.:;"' 1~~. tc s~ru~c~......,h€ ~s. such: as r sh c Jle~t~;..~?.. Sec. 30-91-2. General regulations for Parking. 1. Except for vehicles parked within multi-family developments all recreational vehicles, 16 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 9, 2008 RESOLUTION INITIATING AN AMENDMENT TO SECTION 30-91-2, GENERAL REGULATIONS FOR PARKING, OF THE ROANOKE COUNTY ZONING ORDINANCE TO MODIFY PROVISIONS RELATING TO PARKING OF BOATS ON CORNER LOTS WHEREAS, Section 30-14 of the Roanoke County Code and Section 15.2-2286 of the Code of Virginia provides that whenever the public necessity, convenience, general welfare, or good zoning practice requires, an amendment to the zoning regulations or district maps may be initiated by resolution of the governing body; and WHEREAS, the Board requests this amendment in order to address concerns with respect to the parking of boats on corner lots, and to initiate by resolution the procedures to amend these sections of the Roanoke County Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. "that an amendment to Section 30-91-2, "General Regulations for Parking", of the Roanoke County Zoning Ordinance is hereby initiated in order to allow for the parking of boats within the front and side yard setbacks of corner lots. That this amendment would allow boats up to 21 feet in length to be parked in the side yard of corner lots. In the alternative, an amendment to return to the provisions applicable to corner lots prior to the April 27, 1999 amendments. These provisions allowed the parking of recreational vehicles, boats, and utility trailers behind the front building line unless space is provided in a completely enclosed garage or other building. 2. That this amendment be submitted to the Planning Commission for its review and recommendation, which shall be forwarded to the governing body. Further this amendment shall be scheduled for public hearings before the Planning Comn~iission and Board of Supervisors at the earliest practicable dates consistent with public notices as required by law. 3. "that the public necessity, convenience, general welfare, or good zoning practice requires triis amendment. 2 ACTION NO. ITEM NO. ~- ~ AT A REGULAR MEE`fING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA"fE: September 9, 2008 AGENDA ITEM: First reading of ordinance electing to assume the power to consider petitions for the creation of Community Development Authorities (CDA) SUBMITTED BY: Paul M. Mahoney Coi.inty Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~i~~.om.~r„,J ~s~ SUMMARY OF INFORMAL"ION: On June 10, 2008, the Board of Supervisors held a work session on the creation of Corrimur~ity Development Authorities (CDA) and the economic development benefits to local governments of CDAs. Jim Jorinson and Kevin Rotty from Morgan Keegan (Roanoke County's financial advisors) described the process of creating CDAs, the benefits, and several examples of existing CDAs around the Commonwealth. After this work session, the Board directed staff to perform further research on CDAs and report back to them. On August 26, 2008, the Board held a work session on draft guidelines to be followed for the creation of 'the CDA in Roanoke County and a draft ordinance that would allow the County to elect to assume the power to consider petitions for the creation of a CDA. Mr. Johnson, Mr. Rotty, and Bonnie France, Esq. (Roanoke County's bond counsel) attended this work session by telephone conference call. Attached is a draft initial ordinance which allows the County to elect to assume the power to consider petitions for the creation of CDAs. This initial ordinance is required by Section 15.2-5152 of the State Code. If the Board of Supervisors desires to create a CDA for a specific project, then a second more detailed ordinance is required under Section 15.2-5155. A second reading and public hearing on this ordinance has been scheduled for September 23, 2008. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached ordinance. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 9, 2008 ORDINANCE ELECT"ING TO ASSUME THE POWER TO CONSIDER PEl"ITIONS FOR THE CREATION OF COMMUNITY DEVELOPMENT AUTHORI'I"TES WHEREAS, the Virginia Water and Waste Authorities Act (Sections 15.2-5100 et seq. of the Code of Virginia of 1950, as amended) was amended in 2005 to require any county that wishes to consider petitions for the creation of community development authorities to elect to do so by ordinance and to hold a public hearing on the ordinance; and WHEREAS, having held a first reading of triis ordinance on September 9, 2008, and a second reading and a duly advertised public hearing on September 23, 2008, on this subject, 'the County of Roanoke, Virginia (the "County") wishes to assume the power to consider such petitions. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County elects to assume the power to consider petitions for the creation of community development authorities in accordance with the provisions of Section 15.2-5152 of the Code of Virginia of 1950, as amended. 2. That this ordinance shall be in full force and effect from and after its passage. ACTION NO. ITEM NO. G' AT A REGULAR NIEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 9, 2008 AGENDA ITEM: First reading of an ordinance to amend Ordinance 0-120506-3 to accept the conveyance of a total of 153.029 acres of real estate (portions of Tax Map No. 39.00-01-01.05 and 40.01-01- 22.00) located on Read Moi_intain from Fralin & Waldron, Inc. to the Board of Supervisors SUBMITTED BY: APPROVED BY: Pete Haislip, Director, Parks, Recreation and Tourism Janet Scheid, Greenway Planner John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: I~e C o rn ra~~ n~ f~jbp~o -~Q I Q nGL' ~hcc n k s ~"o l-ra ~ ~`n Q n r,~L ~ l d ror, --~ r ~-h e i 1-~ C' o n fi^ ~ ~bufi o n C~ r~ c~ S it~/ov rf: SUMMARY OF INFORMATION: In 2006, Fralin and Waldron, Inc. donated 151.771 acres of property on Read Mountain to Roanoke County for public park purposes. In 2007, the Roanoke County Parks, Recreation and Tourism Department, along with volunteers from the Read Mountain Alliance and the Pathfinders for Greenways, began to design and construct a trail system on this property. One short section of trail alignment was constrained by topography and existing boundary lines. After consulting withi Fralin and Waldron and exarr~ir~ing several alternatives, it was determined that the best course of action was to request that F&W Community Development Corp. donate an additional 0.755 acre of land. It was agreed that this would be done at no expense to them and that the Read Mountain Alliance would cover the survey expenses. The site plan has been completed and is attached. The County is once again very grateful to Fralin and Waldron, Inc. and F&W Corrimur~ity Development Corp. for their generous donations and their willingness to work with us to make this County park a reality. FISCAL IMPACT: None. STAFF RECOMMENDATION: Staff recommends that the Board approve the first reading of the ordinance to accept the conveyance of a total of 153.029 acres of real estate located on Read Mountain from Fralin & Waldron, Inc., to Roanoke County, and schedule the second reading and public hearing for September 23, 2008. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 9, 2008 ORDINANCE TO AMEND ORDINANCE 0-120506-3 TO ACCEPT THE CONVEYANCE OF A TOTAL OF 153.029 ACRES OF REAL ESTATE (PORTIONS OF TAX MAP NO. 39.00-01-01.05 AND 40.01-01-22.00) LOCATED ON READ MOUNTAIN FROM FRALIN & WALDRON, INC. TO THE BOARD OF SUPERVISORS WHEREAS, by Ordinance 0-120506-3, the Board of Supervisors accepted the donation to Roanoke County by Fralin and Waldron, Inc. of a parcel of real estate consisting of 152.274 acres located on Read Mountain on Decerriber 5, 2006; and WHEREAS, an additional area of 0.755 acres has been determined to be necessary to permit completion of a trail system to provide adequate access and trailhead parking for the previously donated property on Read Mountain which has been generously agreed to by the owner; and WHEREAS, F & W Community Development Corp. will convey this additional property without cost to the County of Roanoke to permit the appropriate enjoyment of 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 September 9, 2008, and the second reading and public hearing will be held on September 23, 2008. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 0-120506-3 is hereby amended to permit the acquisition by donation from F & W Community Development Corp. of an additional 0.755 acre parcel of real estate located on Read Mountain (Portions of Tax Map No. 040.00-01- 22.00), in order to create a new parcel of 153.029 acres designated as "New Parcel 2- B-1" as designated on a plat of survey by Lumsden Associates, P.C., dated July 7, 2008, is hereby authorized and approved. The location of this parcel of 0.755 acres is shown on "SITE PLAN -READ MOUNTAIN PRESERVE" dated 09/02/08, attached as Exhibit "A". 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 ~. / o Q -- ~-, J ~ ~ ~ ~O/~ ~ ~~ ~~ ~ h : ~~ ~© J ~ p ~ ~ 1 ~ J / Q ~ ~ ~/- %% - } / J ^ // //' 1, Q ~ t ~~,~1 ~' ~ ~` i `~ Y'`V~~~~~~~l, ~ I ~ d ~ ~~ 1~~~~~ ~I ~~~ ~ ~ ~ ~ ~~ _~~_~ , , , ~~ ~~~ 'fix. x_, _.,~A~ ~ ~ ~~~\ ~~ ~~~ ~~~~~~ ~ I u 1 i ,-•^ ~~I . ~ - ~ ~~ ~~~'`. ~~ ~ ~ ~~AI~~t~~~ `mo'd ~`~' ~,II ~~ ~,, ~ - \ :.~ ~~t -'`~.` ~ _~J,l' ~~. ~~ _ ~ ~_ "~ ~ ~ -- = l~~j~~ ~'"1 ~-'~ W H x w a a 0 r t~ ~, o ~ N II Q ~ I- W~ > O W ~ ~ w W~ Y ~a d Z~ F- Q Z W F- Za Z ~ ~ Q O H J `S~ 0 ^ U W Qo ~ WZ Q cn ~ ° 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: September 9, 2008 AGENDA ITEM: First reading of an ordinance to accept the conveyance of three parcels of unimproved real estate for the extension of Huffman Lane, Route 761, and authorize the addition thereof to the State Secondary System of Highways, Vinton Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney COUNTY ADMINISTRATOR'S/ COMMENTS: I~ Z C• O sn ~ E' n c~ /~~/I~J~-r~ b~c~/ ~~ SIIMMARY OF INFORMATION: This item involves the acceptance of the following real estate, being conveyed to the Board of Supervisors of Roanoke County, Virginia, for roadway improvements, specifically the construction of an adequate turn-around at the end of state maintenance, to Huffman Lane, Route 761, in the Vinton Magisterial District: (1) Donation of 0.1203 acres of Roanoke County Tax Map No. 80.03-01-26 as shown on the plat attached hereto as "Exhibit A"; being a portion of the property conveyed to Catherine L. McCain by deed dated December 29, 1972 of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Deed Book 962, page 514. (2) Donation of 0.0283 acres of Roanoke County Tax Map No. 80.02-02-21 as shown on the plat attached hereto as "Exhibit B"; being a portion of the property conveyed to Steven E. & Patsy K. Greer by deed dated September 2, 2003 of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Instrument number 200323295. 1 (3) Donation of 0.087 acres of Roanoke County Tax Map No. 80.00-02-25 as shown on the plat attached hereto as "Exhibit C"; being a portion of the property conveyed to James W. Jr. & Sheila H. Logan by deed dated August 31, 2005 of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, instrument number 200514860. Acceptance of the aforementioned property is a necessary step in the process to get the extension of Huffman Lane, Rte 761, accepted by the VDOT into their secondary system of State highways as a Rural Addition roadway. Assuming this real estate donation is favorably accepted by the Board, this action will be followed by future efforts by the Board of Supervisors and VDOT under the Rural Addition Program Framework. FISCAL IMPACT: None. ALTERNATIVES: 1. Approve first reading of the ordinance to accept the donation of real estate and schedule second reading and public hearing on September 23, 2008. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. 2 q O~GS~~~i .F F,~~qy ~ ,~ o,~, ~FFO~P B A 9~ A~F 9~S J- PROPERTY OF p o'~ ~ PROPERTY OF Z JAMS LOGAN E/LA H F s'~~}~ ~~cR~~: STEVEGREERATSYK. B ~, INSTRUMENT No. 200514860 ~ fie' p ¢ /INSTRUMENT No. 200323296 d P.B. 28, PG. 9 c. s P.B. 28 PG. 9 >\ TAX #80.00-2-25 •. •~' ~ U'1'~ w ~ .~i. ~ oQ` TAX #80.00-2=21-' w c /~ /ry ~ • ~ ~ G ~ / P \~'- ^ `try ~~~• :• Q» gN~ END STATE S73'31'53"E ~ ~ . P`~M ~ ~ ~ MAINTENANCE \ 18.30 r,~~~~. P ~~ / SIGN a'1i~~8~ / _ ~~ 30" OAK PROPERTY OF 15" PINE ALVIN S. & TRACYP. BDARD D.B. 1329, PG. 924 IPF , P.B. 13, PG. 7 6+, " TAX #80.01-2-16 ~ ~ ~'~~~ PKF . ~~~ ~~ ~r•~P" PP M6N~ 3 . vk .~ e~`' as •E x'52 ~`~ i 10 ~ ~ ~ ~ i g8• i r~+ . • GP. ~ ,E ~ / :~ 15" MAPLE ~•. _ ~ HEDGES C~P~~ .• ~ ~~. GOa .•••'' ~ '•. ~~ NG TELEPHONE % ~ `~~ ~ ~~~ PEDESTAL a 5~0~2A5 .N v ~~ w ~, $_ ~\ PROPERTY OF `~~ KR/ST/N K. LEE N RUMENT No. 200711272 TAX #80.03-1-25 PROPOSED R/W i~ ~\ ~ ~6' 1 I ,~~ /// i i /~ . ~o~ ~~ ~ ~ ~ PROPERTY OF ~ W. J. HARDY TAX #80.03-1-22 PROPERTY OF GATHE'RINE' L. MCCAIN D.B. 962, PG. 514 TAX #80.03-1-26 RIGHT-OF-WAY TO BE ACQUIRED AREA= 5241.37 S.F. 0.1203 Ac. CURVE "B" R=40.00' L=48.64' D=69'40'01" T=27.84' CH=N37'14'S6"W CHORD DIST.=45.70' CURVE "C' R=40.00' L=130.06' D=186'18'06" 7=726.65' CH=S89'15'S2"E CHORD OIST.=79.88' CURVE "D" Rs25.00' L=33.15' D=75 58'08" T=19.52' CH=N34'05'53"W CHORD DIST.=30.77' BENCHMARK RAILROAD SPIKE SET IN POWER POLE # 303-6015 ELEVATION = 100.00 (ASSUMED) EXHIBIT ~A rr PLAT SHOWING RIGHT-OF-WAY BEING CONVEYED TO SUPERVISORS, ROANOKE COUNTY BY CATHERINE L. McCain ROANOKE COUNTY TAX MAP PARCEL #80.03-01-26.00 SITUATED ALONG HUFFMAN LANE VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 30' DATE: JULY 15, 2008 PREPARED BY ROANOISE COUNTY DEPARTI~NT OF C0IIYUNITY DEVELOPI~IT ~ .•• »p» -u?~~ :~ : / ~ GRP ~. ~ ~. ~ ~. a •~: \ ~ •• ~ •. / TEMPORARY `~'• CONSTRUCTION EASEMENT BOARD OF ~o ~0 ~ h' '~ N~ ~~ ~^ m ~Q~¢Y ~ , ,~yo ~ ~ ,~"?~ e^. ~~A~I Qv `\' tiV PROPERTY OF JAMES W. & SHEILA H. LOGAN INSTRUMENT No. 200514860 P.B. 28, PG. 9 TAX #80.00-2-25 i ~ END STATE 10,611" E ~ ~ MAINTENANCE N ~ 012 o 2~ Q ~_~ S73'31'53"E 18.30' SIGN ~ 22 ~ / i '~ ~. NL ~y~ G~N 4 ~G~ N ~ N ~ ~ / '~ / / i / i / v ~~ x~~ ' my A ~ Z m ~~O mho c z ~ZD ~mj co f~ C V Z a "' ~ IPF ~ . C,RP~~ OR\~ / / / h~ ? 46:03.W...... / / / PROPERTY OF ~- / STEVEN F & PATSYK. B~, / / / GRE'ER ~~~\SS \ / INSTRUMENT No. 200323295 IPF eb3. s,,~ ~lffi P.B. 28, PG. 9 ss.s2' ' ~ ~ a 9a• ~. \T,,~~ ~~ TAX #80.00-2-21 ~~ B~ rof ~'Pq ~ ~~ E ~ /~ ~ / ~~~~~ ~ \ \~ 'ham / 30" OAK Ssa~ ~ ~ ~ TELEPHONE ``• ',~ ~ 3 X808"~ ~~ ~~~i" 'Ci 568/ ~ \ _ ~ ~ TEMPORARY ~ CONSTRUCTION EASEMENT PROPOSED R/W PROPERTY OF ~ALY & GATHER/NE L. OGDEN D.B. 962, PG. 514 TAX #80.03-1-26 BENCHMARK RAILROAD SPIKE SET IN POWER POLE # 303-6015 ELEVATION = 100.00 (ASSUMED) EXH/B~T~ »Brr RIGHT-OF-WAY TO BE ACQUIRED PLAT SHOWING AREA= 1233.49 S. F. 0.0283 Ac. RIGHT-OF-WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY STEVEN E. & PATSY K. GREER CURVE "B" R=40.00' L=48.64' D=69'40'01" T=27.84' CH=N37'14'S6"W CHORD DIST.=45.70' CURVE "C' R=40.00' L=130.06' D=186'18'06" T=726.65' CH=589'15'52"E CHORD DIST.=79.88" ~F ~_ PEDESTAL ~~/~~ ~~ r PROPERTY OF W. J. HARDY TAX #80.03-1-22 ROANOKE COUNTY TAX MAP PARCEL #80.00-02-21.00 SITUATED ALONG HUFFMAN LANE VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 30' DATE: JULY 15, 2008 PREPARED HY ROANOKE COUNTY DEPARTMENT' OF COMMUNITY DEVELOPMENT O~ ^~ PROP£R1Y OF ALV/N S. &TRACYP. BOARD D.B. 1329, PG. 924 P.B. 13, PG. 7 TAX #80.01-2-16 ~ ~ ~ s sy,~ ~ ~`~"F ~~\ ~ . D. ry~~ A~ ryb ~ END STATE MAINTENANCE SIGN 15" PINE S73'31'53"E IPF D O N ; x~~ mp PROPERTY OF m ~ Z & SHE/LA H JAMES YV JR ~ ~ ° . . . LOGAN ~ ~ z INSTRUMENT No. 200514860 ~ > P.B. 28, PG. 9 ;!''~ TAX #80.00-2-25 `° ~ m 10~ 11. E~ N 220.12' i i GRP~L OR1~ -0'~j ~~~y ~~~~ . G~NN , . • -o G~ m~ ~ ~. • ~ u+ ~ R / '~ i PkF ! .~• ,~ ~ ~ ~ ~ ~ • / ~ PROPERTY OF ~ ~ ~ STEVEN E. & PATSY K. .~~ -•- ~ ~ `~ ~ \ ' ~S s\ ~~~ ~ ~~~` / / L~ INSTRUMENT No. 200323295 Q- ~ Q ~ ~ ~ P.B. 28, PG. 9 .P o .•"~ .:'.I ~l ~ / ~~ ~' ~•Tg~s r~ ~ Pq ~~ /~ ~ TAX X180.00-2-21 ~~~ ~ ~~ ~ ~ T~\, ~ ~' .. 3o R / / ~ SETS ~F & ~ ~ /2 ~ E 1 , / ~ ~ ~\ ~~~ N 65.~~ DO 2 I ~ 30" OAK Sys _ ~ ~ 120' / / 4,OO~i TEMPORARY J ~ ~ ~ ~~' / / $ 68 CONSTRUCTION ~ ~ .. •~/++ G EASEMENT ~ ~ \ . ~ i PROPERTY OF PROPOSED R/W W. J. HARDY TAX #80.03-1-22 RIGHT-OF-WAY TO BE ACQI.IIRED AREA= 380.90 S. F. 0.0087 Ac. CURVE "B" R=40.00' L=48.64' D=69'40'01" T=27.84' CH=N37'14'S6"W CHORD DIST.=45.70' CURVE "C' R=40.00' L=130.06' D=186'18'06" T=726.65' CH=889'15'52"E CHORD DIST.=79.88' BOARD OF CURVE "D" R~25.00' L=33.15' D=75'58'08" T=19.52' CH=N34b5'53"W CHORD DIST.=30.77' \\~~~r BENCHMARK RAILROAD SPIKE SET IN POWER POLE # 303-6015 ELEVA710N = 100.00 (ASSUMED) EXHIB/T "C" PLAT SHOWING RIGHT-OF-WAY BEING CONVEYED TO SUPERVISORS, ROANOKE COUNTY BY JAMES W. Jr. & SHEILA H. LOGAN ROANOKE COUNTY TAX MAP PARCEL #80.00-02-25.00 SITUATED ALONG HUFFMAN LANE VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 "= 30' DATE: JULY 15, 2008 PREPARED BY ROANOKE COUNTY DEPARTI~NT OF C010[UN1TY DEVELOPI[ENT TELE 1'~ PED. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT "THE ROANOKE COUNTY ADMINISTRATION CENTER ON "TUESDAY, SEPTENIBER 9, 2008 ORDINANCE TO ACCEPT THE CONVEYANCE OF THREE PARCELS OF UNIMPROVED REAL ESTATE FOR THE EXTENSION OF HUFFMAN LANE, ROUTE 761, TO THE BOARD OF SUPERVISORS AND TO AUTHORIZE THE ADDITION THEREOF TO THE STATE SECONDARY SYSTEM OF HIGHWAYS WHEREAS, as part of the extension of Huffman Lane, State Route 761, as part of a Roanoke Coi.inty's Rural Addition project funded in partnership with the Virginia Department of Transportation (VDOT), three adjacent land owners desired to donate portions of their property in fee simple to Roanoke for right-of-way purposes to permit the construction of a cul-de-sac at the terminus of Huffman Lane; and WHEREAS, James W. Logan, Jr and Sheila H. Logan, Steven E. Greer and Patsy K. Greer and Catherine L. McCain have freely and voluntarily entered into deeds to the Board of Supervisors of the County of Roanoke, Virginia to thus allow the Board of Supervisors to obtain ownership of the each property for purposes road construction upon approval of this ordinance and recordation of a deed; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests to the County of Roanoke be accomplished by ordinance; the first reading of this ordinance was held on September 9, 2008, and the second reading and public hearing was held on September 23, 2008. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from James W. Logan, Jr. and Sheila H. Logan of approximately 0.0087 acres of real estate for purposes of location and construction of extensions and improvements of Huffman Lane, Route 761, as shown on a plat entitled "PLAT SHOWING RIGHT-OF-WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY JAMES W. JR. & SHEILA H. LOGAN ROANOKE COUNTY TAX MAP PARCEL #80.00-02-25.00 SITUATED ALONG HUFFMAN LANE, VINTON MAGISTERIAL DISTRICT, ROANOKE couNTY, VIRGINIA" dated July 15, 2008, is hereby authorized and approved. 2. That the acquisition from Steven E. and Patsy K. Greer of approximately 0.0283 acres of real estate for purposes of location and construction of extensions and improvements of Huffman Lane, Route 761, as shown on a plat entitled "PLAT SHOWING RIGHT-OF-WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY STEVEN E. & PATSY K. GREEK ROANOKE COUNTY TAX MAP PARCEL #80.00-02-21.00 SITUATED ALONG HUFFMAN LANE, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA" dated July 15, 2008, is hereby authorized and approved. 3. That the acquisition from Catherine L. McCain of approximately 0.1203 acres of real estate for purposes of location and construction of extensions and improvements of Huffman Lane, Route 761, as shown on a plat entitled "PLAT SHOWING RIGHT-OF-WAY BEING CONVEYED TO BOARD OF SUPERVISORS, ROANOKE COUNTY BY CA fHERINE L. MCCAIN ROANOKE COUNTY TAX MAP PARCEL #80.00-02-26.00 SITUATED ALONG HUFFMAN LANE, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA" dated July 15, 2008, is hereby authorized and approved. 4 That the addition of the extension and improvement of Huffman Lane, Route 761, to the Secondary System of State Highways of the Commonwealth of Virginia is hereby intended upon the recordation of the deeds from the above described 2 land owners to the Board of Supervisors of Roanoke County, Virginia and approval of a Resolution for this Rural Road Addition. 5 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. 3 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: September 9, 2008 AGENDA ITEM: First reading of an ordinance to amend Section 8.1-6 of Chapter 8.1 "Erosion and Sediment Control" of the Roanoke County Code to add certified landscape architect as a professional to prepare erosion and sediment control plans SUBMITTED BY: Tarek Moneir Deputy Director of Development Community Development Department APPROVED BY: John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~c?pmmc~i+c, ~~J~r~T~~4-j SUMMARY OF INFORMATION: On January 13, 2004, the Board of Supervisors adopted a County Ordinance to amend Chapter 8 - "Erosion and Sediment ControP' of Roanoke County. This ordinance contained a subsection 8.1- 6 titled "Regulated land-disturbing activities; submission and approval of plans; contents of plan." The ordinance requires under the sub-chapter 8.1-6 (a) (2) & (3) where the land-disturbing activity results in between two thousand five hundred (2500) square feet and five thousand (5000) square feet and/or 250 to 500 cubic yards OR ten thousand (10,000) square feet or more and/or seven hundred fifty (750) cubic yards or more of disturbed area, an erosion and sediment control plan must be submitted which has been prepared by a professional engineer. In 2006 the Virginia General Assembly approved House Bill 521 requiring state agencies and local design review officials to accept for review plans prepared by landscape architects. With the passage of this bill, the sealed and signed work of landscape architects is reviewed along side of the work of architects, engineers, and land surveyors. The staff recommends amending this ordinance to reflect the State Law requirements by adding certified landscape architect to prepare an erosion and sediment control plan in sub-section 8.1-6 (a) (2) & (3). The attached proposed ordinance provides details of the proposed language to include in the County Code. Such amendment requires a public hearing. FISCAL IMPACT: None ALTERNATIVES: Approve the first reading of the attached amended ordinance of Chapter 8. Erosion and Sediment Control Section 8.1-6 "Regulated land-disturbing activities; submission and approval of plans; contents of plan" sub-section (a) (2) & (3) of the Roanoke County Code to correspond with Virginia's Erosion and Sediment Control Law effective from and after the date of its adoption; and set September 23, 2008 as public hearing for the ordinance.. 2. Deny the amendment as presented STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 9, 2008 ORDINANCE AMENDING SECTION 8.1-6 OF CHAPTER 8.1 "EROSION AND SEDIMENT CONTROL" OF THE ROANOKE COUNTY CODE TO ADD CERTIFIED LANDSCAPE ARCHITECT AS A PROFESSIONAL TO PREPARE EROSION AND SEDIMENT CONTROL PLANS WHEREAS, Section 8.1-6 (a) (2} and (3) provide that an erosion and sediment control plan must be prepared by a professional engineer; and WHERAS, Acts of Assembly 2006, Chapter 643 amended Section 54.1-409 of the State Code to provide that a certified landscape architect is authorized to prepare subdivision plans, site plans, plans of development including erosion and sediment control plans; and WHEREAS, the Roanoke County Code must be amended to conform with the State Code; and WHEREAS, the first reading of this ordinance was held on September 9, 2008, and the second reading was held on September 23, 2008. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 8.1-6 (a) (2) and (3) be amended to read and provide as follows: (2) Where the land-disturbing activity results in between five thousand (5,000) square feet and ten thousand (10,000) square feet and/or five hi~indred (500) to seven hundred fifty (750) cubic yards of disturbed area, either a plot plan prepared by a certified responsible land disturber or an engineered plan prepared by a professional engineer or a certified landscape architect showing the erosion and sediment control measures must be submitted and executed by the plan-approving authority. A certified responsible land disturber must be named. (3) Where the land-disturbing activity results in ten thousand (10,000) square feet or more and/or seven hundred fifty (750) cubic yards or more of disturbed area, an erosion and sediment control plan must be submitted wr~ich has been prepared by a professional engineer or a certified landscape architect. For disturbed areas of less than ten thousand (10,000) square feet, refer to the chart below to determine requirements for the site. TABLE INSET: Square And/Or Cubic Requirements Feet Yards <2 500 0 Exempt from E&S Plan; *building permit plot plan , required 2,500-- 250-- "Agreement in Lieu" of a plan; permit fee; *building 5,000 500 permit plot plan required 5 000-- 500-- Certified RLD, *building permit plot plan by a , 10 000 750 certified RLD, certified landscape architect, or a , P.E.; perrriit fee ~9, Erosion and sediment control plan prepared >10 000 >750 by a P.E. or certified landscape architect; , agreement; surety; a building permit plot plan, if required by the building commissioner That this ordinance shall be in effect from and after the date of its adoption. ACTION NO. ITEM NO. 11-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 9, 2008 Appointments to Committees, Commissions, and Boards Wanda G. Riley, CPS Clerk to the Board John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (Appointed by District) The one-year term of Steve Campbell, Hollins District, expired on August 31, 2008. 2. Economic Development Authority The four-year term of Linwood Windley, who lives in the Windsor Hills District, will expire on September 26, 2008. 3. Length of Service Awards Program (LOSAP) Leon Martin, volunteer member-at-large, submitted his resignation on June 19, 2008, and Craig Sheets, representing the volunteer rescue squads, submitted his resignation effective July 1, 2008. Their four-year terms will expire January 1, 2010. The Volunteer Fire and Rescue Chiefs Board have recommended the following appointments: Colin Gee to serve as volunteer member-at-large, and Sonja Stump to serve as rescue volunteer member. Currently, the four-year terms of all members expire on the same date, which will be January 1, 2010. It is the recommendation of the Volunteer Fire and Rescue Chiefs Board that the terms of office for these two positions expire on January 1, 2012, so the terms can be staggered. Thereafter, the terms for these two positions will remain four- yearterms. Confirmation of these appointments has been placed on the consent agenda. 4. Library Board (appointed by district) Lisa Boggess, who represents the Vinton District, has notified Supervisor Altizer that she is no longer a County resident. Her four-year term expires on December 31, 2008. 5. Social Services Advisory Board (appointed by district) The four-year term of Douglas C. Forbes, Vinton Magisterial District, expired on July 31, 2008. Mr. Forbes is not eligible for reappointment as he has served two consecutive terms. The representative from the Catawba Magisterial District has resigned. This four-year term expired on July 31, 2009. 2 ~i-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 9, 2008 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 9, 2008 designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $32,350 for two grants from the Virginia Department of Health for heart monitors and replacement of laptop computers on ambulances 2. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $53,042 from the Virginia Department of Health for purchase of new ambulance 3. Request from the schools to accept and appropriate funds in the amount of $24,990.47 for Fiscal Year 2008-2009 4. Request to donate a surplus Motor Grader to Craig County 5. Request to approve amendment to the Roanoke County Bonding Policy 6. Confirmation of committee appointments 7. Resolution of appreciation to Michael L. Lewis, Fire and Rescue Department, upon his retirement after twenty years of service That the Clerk to the Board is hereby authorized and directed where required bylaw to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. ACTION NO. ITEM NO. ~- ~ AT A REGI.ILAR MEETING OF -fHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS"fRATION CENTER MEETING DATE: September 9, 2008 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $32,350 fortwo grants from the Virginia Department of Health SUBMITTED BY: APPROVED BY: Richard E. Burch, Jr. Fire and Rescue Chief John Chambliss ~ County Administrator G~ COUNTY ADMINISTRATOR'S COMMENTS: __ ~~ ., . f n„ ~./ ~ r~~/ar• f~Q CO in.r' Pit ~ .9e.~.eP7~r>n c t_ t~ ~~_ -fuJ~ ai"r~.,' ~ /`'~ SUMMARY OF INFORMATION: -fhe Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grants: The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a 50 % matching grant (Grant #WV-C01 / 12-07) totaling $18,000 to purchase two 12-lead heart monitors. 2. The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a 50% matching grant (Grant # WV-C01 / 12-07) totaling $14,350 to purchase 10 mobile laptop computers for use on the ambulances. These computers will replace 10 current computers. FISCAL IMPACT: 1. The Roanoke County Fire and Rescue Department has budgeted funds for the 50% match that the State requires for the grant to purchase the 12 lead heart monitors. 2. "the Roanoke County Fire and Rescue Department and the County have budgeted for the 50% match that the State requires for the grant for the 10 new lap top computers ALTERNA'I"IVES: 1. The department will not be able to purchase the new heart monitors without the matching funds from the State. 2. "the department wilt not be able to purchase the new lap top computers without the matching funds from the State. STAFF RECOMMENDAI"ION: Staff recommends the acceptance and appropriation of the grants funds in the amount of $32,350 into the Fire and Rescue Department's budget. a ACTION NO. ITEM NO. ~- Z- AT A REGI.ILAR MEETING OF "fHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 9, 2008 Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $53,042 from the Virginia Department of Health Richard E. Burch, Jr. Fire and Rescue Chief John Chambliss County Administrator ~ ~. COUNTY ADMI®NISTRATOR'S COMMEy,NTS: 2 / J ~1 / ~t ~ c.:.'+i~l m e~i+ c.i Ll C t ~P ~cvm t cj_ N,~ f/~/c % ~ ~s~w~ ~I l.~-n ~I Q~7~) / ~' f ~ c,. '7: n.5 c~ / ~+ ~ /'etin J /rr v ~ ~ t .i "TD ez ~~ oe~ f h c? ~le /' t•~i ~ / c- :~'`~r t. GL ~ ~i s, li~,.~ r .r_Q j~j b~, uJc t~ C 7 / ?l? /Ir'~/ .(~t~i'7~~t C.Oc~n/'y ~~l'~tt`'7`id/7 SUMMARY OF INFORMATION: The Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grant: The Virginia Department of Health, Office of Emergency Medical Services has awarded the Fire and Rescue Department a 50 % matching grant (Grant #WV-C01 / 12-07) totaling $53,042.00 to purchase one new ambulance. The ambulance will allow for an ambulance to be placed at the new North County Fire Station. FISCAL IMPACT: The Roanoke County Fire and Rescue Department has budgeted funds for the 50% match that the State requires for the grant to purchase the new ambulance. ALTERNATIVES: The department will not be able to purchase the ambulance without the state grant funds. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grants funds in the amount of $53,042 into the Fire and Rescue Department's budget. ACTION NO. ITEM NO. ~- 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 9, 2008 AGENDA ITEM: Request from the schools to accept and appropriate funds in the amount of $24,990.47 for 2008-09. APPROVED BY: John M. Chambliss, Jr. County Administrator ~~~- COUNTY ADMINpISTRATOR'S COMMENTS: ~ ~ C c~ rn m ~ ti U' tt. t c e ~ fr~..~ c e, cz~s, c.~ w~~~ o ~IV': ~ _7'.~ c~., ~ f~t~ e: ~r a.o ~ c' ,j . SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following: 1. The Virginia Department of Education has notified Roanoke County Schools that it has been allocated $11,337.22 for the purpose of paying the testing fees associated with industrial certification and licensure exams for Career and Technical Education (CTE) students. CTE program completers are required to take an exam that is appropriate for their program area. 2. The Virginia Department of Education funds Roanoke County School's Project Graduation Summer Academy through a reimbursement system. Project Graduation is a program that offers SOL-based remediation and retesting for students in danger of not graduating because they lack verified credits. The Schools applied for funds and were granted $13,653.25 for the Project Graduation Summer Academy. FISCAL IMPACT: This appropriation increases the Career and Technical Education budget by $11,337.22, and increases the Testing budget by $13,653.25. STAFF RECOMMENDATION: Staff recommends the appropriation of funds in the amount of $24,990.47 for 2008-09. 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: September 9, 2008 AGENDA ITEM: Request to donate a surplus Motor Grader to Craig County SUBMITTED BY: Pete Haislip, Director Parks, Recreation and Tourism APPROVED BY: John M. Chambliss, Jr.~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~ t-~> m1N1G'n c~ d ~G ! ~ r ~ ~ "~!! ~J/' ~ /`e ~~v ,5 v : ~ ~u/` ~~ ~ Lc Ea ~h ~v, t i -rir ~~~ '//C~nJ •{fir -~i, C;'~,I~- C_O[.~., ~f ~J SUMMARY OF INFORMATION: / The Department o~F Parks, Recreation and Tourism purchased a new motor grader in 2006 to replace the existing 1979 Blade-Mor Grader. As staff prepared to surplus the 1979 Mor- Grader, we received a request from Ms. Suzanne Abbott Holth, Deputy Clerk for Craig County, asking that Roanoke County donate the grader to Craig County. Craig County is assisting the community in the development of a ball field and special event area and indicates that this grader could be of service to them. Staff supports donating this equipment to Craig County as it will help with their construction of much needed community facilities. FISCAL IMPACT: No fiscal impact other than lost revenues from the sale of surplus property. With the age and condition of this grader, this should be minimal. ALTERNATIVES: 1. Approve the donation of a surplus motor grader to Craig County. 2. Do not approve the donation of a surplus motor grader to Craig County. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. ACTION NO. ITEM NO. ~ S AT A REGULAR MEET"ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 9, 2008 AGENDA ITEM: Request to approve amendment to the Roanoke County Bonding Policy SUBMITTED BY: Tarek Moneir Deputy Director of Development APPROVED BY: John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~¢, t~>in,nen~ ey~p~r°>~~ SUMMARY OF INFORMATION: To obtain a reliable guarantee of the timely construction of site and subdivision physical improvements to be accepted into the public system, Roanoke County Board of Supervisors established this bonding policy outlining the County and State Code requirement to ensure that resources are available to complete the improvements should the developer fail to provide them. This policy contains certain language for the performance agreement, forms of guarantee and release procedures among other forms and procedures for the County to follow in case of default by the developer to comply with the development codes and regulations. Based on the organization changes that were done over the years, the staff incorporated the positions associated with the procedures. We also amended the estimated cost of the improvements for contingencies from 10 percent to 25 percent due to the increase of the administrative cost in case of default by the developer. This increase falls in line under the established State Law. FISCAL IMPACT: None ALTERNATIVES: 1. Approve the attached amendment to the Roanoke County Bond Policy 2. Deny the proposed amendment STAFF RECOMMENDATION: The staff recommends approving the amendment to the Roanoke County Bond Policy as reflected in the attached document and shall be in effect from and after the date of its adoption. Attachment: Roanoke County Bonding Policy -Revised September 9, 2008 ROANOKE COUNTY BONDING POLICY Roanoke Coi.~nty Administration Center 5204 Bernard Drive P. O. Box 29800 Roanoke, VA 24018 Office: 540-772-2065 Fax: 540-772-2108 Update: September 9, 2008 -i- TABLE OF CONTENTS I. p .......................................................... ur ose ............................................... 3 II. Performance Agreement .................................................................................. 3 III. Forms of Guarantee .............................................. ............... ........................... 3 A. Corporate Surety Bond .......................................................................... 3 B. Cash Account ....................................................................................... 3 C. Irrevocable Letter of Credit ..................................................................... 4 D. Letter of Escrow (Set-Aside Agreement) ............................................... 4 IV. .......................... Debarment of Surety .............................................. ............ 5 V. Forms ........................................................................................................... 6 VI. Extensions and Rebonding of Agreements ...................................................... 6 VII. Partial Release of Bond ................................................................................... 7 VIII. Bond and Agreement Release Procedures ...................................................... 8 IX. Default and Evaluation Procedures .................................................................. 10 -2- Bonding Policy 1. Purpose To obtain a reliable guarantee of the timely construction of site and subdivision physical improvements to be accepted into a public system, improvements required by State, County Code, regulation, or non-public physical improvements required under proffered conditions (as provided in Sec. 15.2-2299), in accordance with approved plans, current County standards and specifications, and County and State Code Requirements. Further, to ensure that resources are available to complete such improvements should the developer fail to provide them. 11. Performance Agreement Before recordation will be granted, to a proposed subdivision or site plan, the developer must execute a Performance Agreement promising to construct required improvements in a timely manner and in accordance with County specifications. "fhe agreement must be supported by an approved form of guaranty. The maximum period of agreement shall be twenty four (24) months, although extensions may be made in accordance with this policy. The agreement shall be between the developer or his/her designee and the Roanoke County Board of Supervisors. Surety shall be equivalent to one hundred twenty-five percent (125%) of the estimated cost of improvements as determined by the design engineer and approved by the Department of Community Development. lll. Forms of Guarantee Corporate Surety Bond, Cash Escrow Account, Irrevocable Letter of Credit, and/or Letter of Escrow (Set-Aside Agreement), are the only approved forms of guaranty. Whatever its form, the surety is designed to guarantee the County a fund for completion of required improvements in the event a developer falls to discharge the obligations of his performance agreement. "fhe obligation of all surety is to PAY ON DEMAND from the designated funds as required to fully complete the improvements in accordance with the performance agreement. A. Corporate Surety Bond Such bonds must be fi"irnished by an insurance company licensed to transact fidelity and surety insurance in Virginia and must guarantee the full amount of the improvements. Such bonds will obligate the surety when notified of its Principal's default to elect either to perform in its Principal's stead, or pay the face amount of the bond, or any lesser amount as determined by the Director of the Department of Community Development or his/her designee. B. Cash Escrow Account The face amount of the guaranty will be submitted to the Director of the Department of Community Development or his/her designee to be deposited -3- with the Treasurer of Roanoke County. The funds will be deposited in an interest-bearing account earning the highest rate of return for which the funds qualify. Interest accruing on such funds shall be available to the County in the event of default by the developer for application to the cost of completing required improvements; otherwise, such interest shall accrue for the benefit of the developer. C. Irrevocable Letter of Credit An Irrevocable Letter of Credit meeting the following minimum requirements will be accepted: 1. The lending institution must be insured by the FDIC or FSLIC. 2. The following language must be a part of all issued Letters of Credit: "This Irrevocable Letter of Credit shall remain in full force for a period of one (1) year from the effective date hereof and shall automatically renew itself from year to year thereafter unless and until the (issuing bank name) shall give ninety (90) days prior written notice to the County of Roanoke, Virginia, by certified mail, return receipt requested, of its intent to terminate the same at the expiration of the ninety (90) day period. During the last thirty (30) days during which the Letter of Credit is in full force and effect, the County may draw up to the full amount available under the Letter of Credit with a draft accompanied by a document stating that (applicant name) has not completed the improvements and has not provided an acceptable substitute Irrevocable Letter of Credit and that the drawing is for the explicit purpose of guaranteeing and/or providing for the completion of the improvements." (Amended 08/23/88) D. Letter of Escrow (Set Aside Agreement) Set-aside Agreement among the Developer, a lending institution insured by the FDIC or FSLIC which is making the development or construction loan to the developer for the project and the County: 1. This agreement must commit the bond funds to payment for required bonding improvements, and no other purposes. 2. "fhe Director of the Department of Community Development or his/her designee will have fifteen (15) working days in which to approve or disapprove any expenditure, upon written request for approval identifying the project and the agreement, the nature of the proposed expenditure, and the balance of the completion fund. 3. The agreement will acknowledge that the fund cannot be drawn below twenty percent (20%) of the starting balance, or other such maximum reduction permitted by this policy, until final release, and shall limit to four (4) -4- the maximum number of draws that may be made. IV. Debarment of Surety A. Any person otherwise qualified in accordance with the requirements of this policy to act as surety for any Performance Bond may nevertheless be disqualified from acting in such a capacity on any agreement to which the Board of County Supervisors is a party, in accordance with the provisions of this section. B. Whenever the Bonding Committee shall recommend to the Board that any person be disqualified from acting as surety on any bond, the Board shall proceed as follows: 1. Notice of such recommendation shall be served by certified mail on such person. Such notice shall inform such persons of the grounds upon which such recommendation is made and the time and place the matter will be taken up by the Board. 2. Such person may appear and be heard on the matter. 3. Following the hearing, the Board may declare such person ineligible from acting as surety satisfactory to the Board for such period of time, not to exceed, five (5) years, as it may specify; may defer its Ending on such terms and conditions as it deems appropriate; or may dismiss the recommendation of the Bonding Corrimittee. C. Any matter tending to establish that the surety will not perform in accordance with the terms of the surety's contract commitment shall be grounds for disqualification. Specific reasons for disqualification shall include but not be limited to: The si.irety commits an act of bankruptcy or reorganization, or becomes insolvent or bankrupt, or makes an assignment for the benefit of creditors, or- consents to the appointment of a trustee, or has a receiver appointed for a substantial part of its property without its consent; 2. The surety is presently held in defai.ilt of one or more bond contracts in which the County is obligee, or having breached a bond contract in the past fails to give reasonable assurances that it will discharge its obligations under future performance bonds; 3. "fhe surety is in default of one or more identical or substantially similar bond agreements with any other political subdivision of the state; 4. Any managing or policy-making officer of the surety, acting in the course of his employment or on behalf of the surety, is convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsifcakion or destruction of -5- records, fraud or any other offense indicating a lack of business integrity or business honesty which substantially affects the surety's responsibilities/reliability as a surety for performance and duties owed to the County. 5. Any other cause that the Board determines to be so serious and compelling as to affect responsibility as a surety, including debarment by another government entity. V. Forms The County Attorney shall approve, and may amend from time to time, standard forms which may be used for any land subdivider or site agreement and letter of credit or bond. No deviations shall be accepted unless approved by the County Attorney for conformity with kriis policy and all applicable requirements. Vl. Extensions and Rebonding of Agreements A. When a developer enters into an agreement with the County, it is understood that all the necessary physical irriprovements must be completed in the specified period of time unless the developer obtains an extension of time with an extension of surety. If all the noted improvements are not completed within this amended time period and no extension has been obtained, or a replacement agreement and surety have not been submitted and approved with a new expiration date, the agreement is deemed in default. B. A minimum of not less than ninety (90) days prior to the expiration of the agreement, the developer and surety shall be notified in writing. The notification cautions the developer and surety that unless the work is completed in accordance with the agreement and approved plans, or an extension of time is obtained in accordance with the requirements of this policy, the developer will be in default. C. In the event the developer does not respond satisfactorily to the ninety (90) days letter referred to in Section VI paragraph B, the matter will be referred to the Bonding Committee for their action. D. Bond extensions, agreement extensions and sureties will be reviewed by a Bonding Committee appointed by the Board of Supervisors. Membership shall include the Assistant County Administrator, the Director of Corrimunity Development or his designee, and the County Attorney, or his/her designee. E. The developer can make a written request to the Bonding Committee for an extension of the expiration date for a maximum period of one (1) year. The developer must also indicate the reasons and conditions, which have precluded him from completing the required physical improvements. The -6- developer must also have all sureties' written consent to the request, including corporate surety companies. F. If the developer has requested an extension or a substitute agreement and surety, Community Development staff may prepare a written fact finding report based on the reevaluation by the County review engineer and present it to the Bonding Committee. The Bonding Committee reviews the staff report of the project and 'the request submitted by the developer. The factors considered by the Bonding Committee include the following: 1. Percent of project already completed. 2. Percent of project completed and served by public facilities. 3. Rate of construction activity: a) Weather conditions b) Econorriic conditions 4. Developer's history of performance in development in the County. If the Bonding Committee approves the request, the Community Development Director may issue an extension for no more than twelve (12) months/one (1) year from the date of approval. G. In situations where it is clear that the developer can and will complete the physical improvements within ninety (90) days of the expiration of the agreement date, the County will take no further action on the default. However, the project will be continuously monitored to insure that progress is being made. Failure to complete the project within such period will result in handling the project as any other default. Vll. Partial Release of Surety: Any surety subject to this policy may be partially released based on completed work on the project in accordance with this section or Section VIII. No more than three periodic partial releases can be issued by Roanoke County in any twelve-month period (§15.2- 2245.ECode of Virginia). A. A developer seeking partial release of any surety shall submit a written surety reduction request to the Director of the Department of Community Development or his/her designee. No request shall be deemed received unless it is submitted in accordance with this section and meets the following requirements: 1. The developer's request must identify the project, performance agreement, surety number, completion date and must specify the -~- amount of reduction sought; and, 2. Such request shall certify the percentage of the project completed, and shall summarize the nature and cost of the work remaining, together with a projected timetable for completion. 3. A certificate of completion from either an engineer or surveyor, licensed in the State of Virginia, certifying that the work described has been performed in strict conformity with approved plans or in accordance with as-built plans submitted therewith and that the work meets all applicable standards. 4. A certificate of substantial completion from the Western Virginia Water Authority certifying that the water and sewer construction or a specified part thereof is sufficiently corripleted so that the project or specified part can be utilized for the purposes for which it is intended. Such certification and subsequent request for reduction allows for a partial release of 75% of the bonded water and sewer amounts for the specified area only. B. The Bonding Committee (or its designee) shall approve or disapprove any reduction request within thirty (30) days of receipt. If 'the request is approved, the Director of the Department of Community Development or his/her designee shall notify the developer and surety company in writing of the amount of the partial release. If disapproved, the Community Development Director shall notify the developer of the specific reasons for disapproval, of specific defects or deficiencies in construction, and suggested corrective measures. Vlll. Surety and Agreement Release Procedures A. After the physical improvements have been completed in their entirety, the developer must request a general inspection through the Director of the Department of Community Development or his/her designee. "fhe general inspection will be a joint inspection with the Department of Community Development and the developer. Procedures to follow: 1. A certi~Ficate of final completion from the Western Virginia Water Authority must be submitted to the Department of Community Development. 2. Date is set for in-field inspection with the Department of Community Development and the developer present and punch list is made of those items requiring correction. 3. "fhe review engineer sends the developer a copy of the punch list. The developer has thirty (30) days to complete the necessary improvements. It should be noted that tf its punch list does not relieve the developer of liability -s- for defective work later discovered. If the punch list corrections are not completed within thirty (30) days, the entire project is subject to re-inspection. The developer notifies the Department of Community Development that he has completed the punch list items and desires final inspection. 4. If public streets are involved, the Department of Community Development will send the developer a check list of items required to be submitted to the County to complete the Virginia Department of Transportation acceptance of streets. Once these items are received, the County will then set a date for joint inspection with the Virginia Department of Transportation and the developer. 5. If the joint inspection discloses that all improvements are not satisfactorily completed, the following steps will be taken: a) The review engineer sends the developer a copy of the punch list, and he has thirty (30) days to complete the necessary improvements. It should be noted that this punch list does not relieve the developer of liability for defective work later discovered. If the punch list corrections are not completed within thirty (30) days, the entire project is subject to re-inspection. b) The developer notifies the Department of Community Development that he has completed the punch list items and desires final inspection. 6. If the joint inspection discloses that all improvements have been satisfactorily corr~pleted, the following steps will be taken: a) The Virginia Department of Transportation will forward a letter to the Review Engineer indicating that a satisfactory inspection has been made. b) The developer requests a resolution from the Board of Supervisors by submitting a maintenance bond (value determined by VDOT) to the department of community development department. B. The Director of Community Development notifies the Bonding Committee and requests that the County Attorney prepare a resolution for action by the Board of County Supervisors. C. Following the adoption of the resolution by the Board of Supervisors, copies shall be forwarded to the Virginia Department of Transportation, to the Bonding Committee, and to the Developer. i. The Virginia Department of Transportation shall then formally accept the roadway into the State Highway system. ii. "fhe Bonding Committee or its designee will then process the -9- paperwork necessary for the release of the s~.ibdivision's bond and will release the bond upon receipt of notification of street acceptance by the Virginia Department of Transportation. IX. Default and Evaluation Procedures A. If the developer fails to complete the required physical improvements in the period of time specified in the agreement or any approved extension, the project/developer is in default. B. The Bonding Committee will consider facts presented by the community development on the project and forward a report to the Board of County Supervisors, with the Committee's recommendation that the Board formally declares the developer/project to be in default, and with the Committee's recommendation for a course of action in response to a the default. Such recommendations may include the following in any combination: 1. That the County Attorney be authorized to institute such actions as he deems appropriate to enforce the provisions of this policy, the performance agreement and bond, and applicable code provisions. 2. That once the ninety (90) day notification is received from the bank, all physical improvements must be completed and accepted by all County and State agencies within sixty (60) days from bank notification or Roanoke County is required to automatically draw on the Letter of Credit. (Amended 08/23/88) 3. That demand be made of the surety on the developer's bond for payment of the funds secured thereby, for application to completion of the project, or for performance of its principal's obligations. 4. That the County contract for completion of the project. C. The developer and surety provider will be mailed copies of the Committee's report and recommendation and will be advised of their opportunity to be heard on the matter at the scheduled meeting of the Board. "fhe developer or surety provider will be given at least fifteen (15) days notice of such meeting and may offer proposals for completion as alternative to that of the recommendation of the Bonding Committee. Any such proposal must be reduced to writing and signed by the developer and/or surety provider. Established October 23, 1984 Revised 08/23/88 Revised 09/9/08 - io - 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: September 9, 2008 AGENDA ITEM: Confirmation of cornmittee appointments SUBMITTED BY: Wanda G. Riley, CPS Clerk to the Board APPROVED BY: John Chambliss County Administrator v~~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Length of Service Awards Program (LOSAP) It was the consensus of the Board to add confirmation of the following appointments as recommended by the Volunteer Fire and Rescue Chiefs Board: (1) Colin Gee, volunteer member-at-large (2) Sonja Stump, rescue volunteer member It was also the consensus of the Board that the terms of office for these two positions expire on January 1, 2012, so that the terms can be staggered. Thereafter, the terms for these two positions will remain four-year terms. ACTION NO. ITEM NO. ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE"PING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: September 9, 2008 Resolution of appreciation to Michael L. Lewis, Fire and Recue Department, upon his retirement after twenty years of service Brenda J. Holton Deputy Clerk to the Board John M. Chambliss, Jr.~~ County Administrator CO/~UNTY ADMINI~SaJ7TnRATOpR'S COMMENTS: SUMMARY OF INFORMATION: Lt. Michael L. Lewis, Fire and Rescue Department, retired on June 1, 2008. He has advised that he will be unable to attend a Board meeting and has requested that his resolution of appreciation be mailed. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Mr. Lewis with the appreciation of the Board members for his many years of service to the County. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRAI-ION CENTER ON TUESDAY, SEPTEMBER 9, 2008 RESOLUTION EXPRESSING "fHE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MICHAEL L. LEWIS, FIRE AND RESCUE DEPARTMENT, UPON HIS RETIREMENT AFTER TWENTY YEARS OF SERVICE WHEREAS, Michael L. Lewis was employed by Roanoke County on December 7, 1987; and held the positions of Firefighter, Fire Sergeant, Battalion Chief -Training, Senior Battalion Chief, and Division Chief; and WHEREAS, Mr. Lewis retired from the Roanoke County Fire and Rescue Department on June 1, 2008, as Fire Lieutenant, after twenty years and six months of service to Roanoke County; and WHEREAS, Lieutenant Lewis was instrumental during his career at promoting wellness and physical fitness for the fire and rescue employees to reduce injuries and illnesses; and WHERAS, Lieutenant Lewis worked diligently to establish the earlier criteria for physical fitness entry exams for all new hires and was part of a Regional Committee that implemented the current Candidate Physical Fitness Abilities Test commonly referred as CPAT; and WHERAS, Lieutenant Lewis served as a mentorto the younger members of the Fire and Recue Department, both career and volunteer, to improve the overall department "one member at a time"; and WHEREAS, Lieutenant Lewis, through his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MICHAEL L. LEWIS for more than twenty years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 -` GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amo+ant of General Fund Revenue Unaudited balance at June 30, 2008 $ 16,743,199 9.51% Balance at September 9, 2008 $ 16,743,199 8.90% *~ Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2007-08 a range of 8.5%-9.5% of General Fund Revenues 2007-2008 General Fund Revenues $176,033,678 8.5% of General Fund Revenues $14,962,863 9.5% of General Fund Revenues $16,723,199 ** 2008-09 a range of 9.0%-10.0% of General Fund Revenues 2008-2009 General Fund Revenues $188,178,858 9.0% of General Fund Revenues $16,936,097 10.0% of General Fund Revenues $18,817,886 "fhe Unappropriated Fund Balance of the County is currently maintained at 9.51 % which met our goal for 2007-2008. The balance will be increased over time to the following ranges: 2008-2009 9.0%-10.0% 2009-2010 9.5%-10,5% 2010-2011 10.0 %-11.0 Submitted By Rebecca E. Owens Director of Finance Approved By John M. Chambliss, Jr. County Administrator ~i ~~~ COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor Countv Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Unaudited balance at June 30, 2008 Balance at September 9, 2008 Maior Countv Capital Reserve Amount $1,540,757.20 $1,540,757.20 (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2008 Submitted By Approved By Balance at September 9, 2008 Rebecca E. Owens Director of Finance John M. Chambliss, Jr. Countv Administrator $2,339,030.00 $2,339,030.00 (v - 3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2008-2009 Original Budget $ 300,000.00 June 24, 2008 Allocation to Art Museum of Western Virginia and Roanoke County (200,000.00) Public Schools for Education July 8, 2008 Appropriation for Legislative Liaison ($24,000.00) August 28, 2008 Appropriation for Development of a Regional Water Supply Plan ($11,100.00) Balance at September 9, 2008 $ 64,900.00 Submitted By Rebecca E. Owens Director of Finance Approved By John M. Chambliss, Jr. County Administrator f~'i TELECOMMUNICATIONS TAX REPORT COUNTY OF ROANOKE, VIRGINIA Month of Collection Tax Description January Consumer Utility Tax Landline $ Consumer Utility Tax Wireless Communication Sales and Use Tax E911 Service Tax Cable Franchise fee Total 2006 2007 2008 94,947.90 $ 86,811.94 $ - 116,433.91 123,642.12 - - - 275,569.88 61,427.25 61,676.60 - 240,925.74 237,369.11 85,908.48 513,734.80 509,499.77 361,478.36 February Consumer Utility Tax Landline 93,052.78 11,481.03 - Consumer Utility Tax Wireless 116,093.91 - - Communication Sales and Use Tax - - 291,112.62 E911 Service Tax 59,753.00 58,515.52 - Cable Franchise fee - 36,121.67 70,725.82 Total 268,899.69 106,118.22 361,838.44 March Consumer U#ility Tax Landline 92,561.36 - - Consumer Utility Tax Wireless 104,178.63 - - Communication Sales and Use Tax - 207,485.17 387,479.10 E911 Service Tax 64,339.14 - - Cable Franchise fee - 80,692.40 98,803.20 Total 261,079.13 288,177.57 486,282.30 April Consumer Utility Tax Landline Consumer Utility Tax Wireless Communication Sales and Use Tax E911 Service Tax Cable Franchise fee Total 96,802.50 - - 128,673.20 - - - 270,338.98 317,663.49 60,650.90 - - 216,295.38 75,020.70 92,881.59 502,421.98 345,359.68 410,545.08 May Consumer Utility Tax Landline 92,941.49 - - Consumer Utility Tax Wireless 117,319.69 - - Communication Sales and Use Tax - 271,078.33 288,110.06 E911 Service Tax 60,264.73 - - Cable Franchise fee - 92,259.95 96,747.70 Total 270,525.91 363,338.28 384,857.76 June Consumer Utility Tax Landline 95,748.48 - - Consumer Utility Tax Wireless 119,760.11 - - Communication Sales and Use Tax - 268,293.91 287,652.25 E911 Service Tax 60,455.05 - - Cable Franchise fee - 84,186.19 88,081.94 Total 275,963.64 352,480.10 375,734.19 July Consumer Utility Tax Landline Consumer Utility Tax Wireless Communication Sales and Use Tax E911 Service Tax Cable Franchise fee Total 95, 017.26 - - 121,823.44 - - - 300,558.02 287,204.09 59,649.70 - - 245,481.66 78,603.22 97,675.11 521,972.06 379,161.24 384,879.20 August Consumer Utility Tax Landline 92,306.09 - - Consumer Utility Tax Wireless 116,219.46 - - Communication Sales and Use Tax - 237,729.17 286,202.34 E911 Service Tax 59,979.00 - - Cable Franchise fee - 86,818.45 90,061.68 Total 268,504.55 324,547.62 376,264.02 September Consumer Utility Tax Landline 85,834.51 - - Consumer Utility Tax Wireless 121,460.78 - - Communication Sales and Use Tax - 258,253.93 - E911 Service Tax 59,393.73 - - Cable Franchise fee - 87,629.46 - Total 266,689.02 345,883.39 - October Consumer Utility Tax Landline Consumer Utility Tax Wireless Communication Sales and Use Tax E911 Service Tax Cable Franchise fee Total 83,920.09 - 122,949.21 - - 349,811.69 58,855.42 - 226,573.74 87,629.46 492,298.46 437,441.15 November Consumer Utility Tax Landline 84,089.65 - - Consumer Utility Tax Wireless 120,728.15 - - Communication Sales and Use Tax - 349,007.66 - E911 Service Tax 59,751.01 - - Cable Franchise fee 28,744.85 85,936.15 - Total 293,313.66 434,943.81 - December Consumer Utility Tax Landline 83,566.76 - - Consumer Utility Tax Wireless 121,724.13 - - Communication Sales and Use Tax - 283,592.07 - E911 Service Tax 60,069.78 - - Cable Franchise fee - 87,478.22 - Total 265,360.67 371,070.29 - Grand Total $ 4,200,763.57 $ 4,258,021.12 $ 3,141,879.35 *Effective 2007 the Cable Franchise Fee is received monthly as compared to quarterly receipts in 2006. `"`2007 Breakdown provided by the State of Virginia Tax Department Submitted By Rebecca E. Owens Director of Finance Approved By John M. Chambliss, Jr. County Administrator ACTION NO. ITEM NUMBER -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: September 9, 2008 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of August 31, 2008. SUMMARY OF INFORMATION: GOVERNMENT: SUNTRUST/ALEXANDER KEY 72,676,143.58 SUNTRUST/ALEXANDER KEY CONTRA 572,988.15 SUNTRUST SECURITIES 5,005,019.53 SLINTRUST SECURITIES CONTRA 48,307.41 78,302,458.67 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION 6,921,103.06 6,921,103.06 MONEY MARKET: BRANCH BANKING & TRUST 2,266,915.53 STELLA ONE 1,230,889.12 SUNTRUST/ALEXANDER KEY 25,124,469.09 SLINTRUST SECURITIES 5,999,046.68 SUNTRUST SWEEP 6,866,869.63 WACHOVIA 2,638,834.88 44,127,024.93 TOTAL 129,350,586.66 09/03/08 ACTION NO. ITEM NO. Q _ AT A REGULAR MEETING OF "fHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS"fRA"PION CENTER MEETING DATE: AGENDA ITEM: SIIBMITTED BY: September 9, 2008 Work session for presentation of Center in the Square renovation project John M. Chambliss, Jr. ~~~ County Administrator SUMMARY OF INFORMATION: Dr. James C. Sears, President and General Manager of Center in the Square, will make a presentation on their $25 million renovation project. 1 ACTION NO. ITEM NO. ~ - Z- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 9, 2008 AGENDA ITEM: Work session with representatives from the Greenway Commission to discuss the status of greenways and trails, funding issues, and the Intergovernmental Agreement SUBMITTED BY: Pete Haislip, Director Parks, Recreation & Tourism APPROVED BY: John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside as a work session to allow representatives from the Roanoke Valley Greenway Con-irriission and staff to update the Board of Supervisors on greenway and trail projects in the County, funding issues, the Roanoke River Greenway and proposed changes to the Intergovernmental Agreement. The Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission was originally signed in 1997, and will expire in 2009. A committee was formed to review and update the Agreement. "fhe agreement is being finalized and will be brought back to the Board to be adopted as an ordinance once the document revisions are completed. 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: September 9, 2008 AGENDA ITEM: Work Session on the Solid Waste Ordinance SUBMIT"fED BY: Anne Marie Green Director of General Services APPROVED BY: John M. Chambliss, Jr. County Administrator COIINTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to discuss with the Board of Supervisors several proposed changes to the Solid Waste Ordinance. A marked up copy of the ordinance is attached to this Board report. In particular, staff would like to call the Board's attention the following proposals: Section 20-1 Definitions Staff wishes to expand the service to the citizens by picking up small amounts of building material at homes. Currently, the Code prohibits any pick up of building materials, requiring the do-it-yourself homeowner to take the debris to the transfer station. Section 20-24 Specific Collection Categories (a)(2) Deleted the specific zoning districts applying to removing trash can from public right of way, and adding a specific distance that the container must be pulled away from the street. (a)(3) Added provision that material in container must be bagged. Staff receives many complaints from residents concerning overturned trash cans and trash blowing when it is dumped into the truck. Additionally, when there is a missed pickup, we are able only to pick up bagged trash, since this collection is not handled with an automated truck. (b) Staff recommends charging all county residential customers for a second container. The cost of the containers continues to rise, as they are made from petroleum products, and the budget has been unable to keep up with the demand. Instead of subsidizing larger families, it seems fairer to make all customers purchase the second container. (b)(2) Requires the homeowner to purchase a new container when the loss is due to burning. This is our practice now, because the loss usually results from negligence on the part of the homeowner, and staff wants to codify that practice. Section 20-25 Supplemental Collection Service (a)(1) Staff recommends increasing the size of the brush which can be picked up, and including small tree sturrips within our pick up service. STAFF RECOMMENDATION: Staff will discuss these proposed changes with the Board and bring forward those which the Board approves. 2 DRAFT: August 5, 2008 ARTICLE I. IN GENERAL Sec. 20-1. Definitions. The following words and terms, as used in this chapter, shall have the meanings ascribed to then{ in this section: Automated collection: A mechanical method of garbage collection utilizing a vehicle equipped with a hydraulic arm that empties special containers provided by the county. Brush collection: Curbside collection of brush, small tree limbs, and other arboreal materials from residential customers. Bulk collection: Manual curbside collection from residential customers of appliances, furnaces, air conditioners, furniti_ire, carpeting, rugs, bagged leaves and grass, boxes, four (4) unmounted tires, sr~lall ~,r~~~~~~~ur~~s/~ of t~~~ildAr~~ rn~t~r~i=^,I apnd other/, permissib}}~~le household items +^^'or^° nr ti°~,,,, f°r norhon° none 3~L~a`~,if~;dt~k O'.~~ ~g~ l~i`~` A~'n ~I ~~ h'G'"f~9i~" a.-..~V 4 -:~'i CJ~1~'~'V e ut~.:+~~ i i~1G~¢~, d~- ~ ''C "f 7 .;~'r1~-~l~ i~~l d~c?c e ~Elg Or repair work. Examples of included items would be lumber (less than 3 feet in length), wood from trim, paneling, small amounts of containerized drywall or ceiling tile, PVC or galvanized pipe (less than 3 feet in length). No individual piece or container may weigh more than 50 pounds. No more than a pickup truck I~eJc3~l `Vtl{I~ ~'v,,`~ ~~9"~;=a~~"`i~ ~'it wil'y' {=r~'u Vh11d.'.. Commercial collection: "fhe county's limited curbside collection of garbage placed in approved containers, generated by licensed business establishments, including three (3) to five (5) farnily rental properties, one (1) to five (5) unit retail complexes, churches and church-run daycares. n °m rJ i i it°c innL irlinn Fri ~f n° mi4°~ fn li imh f° ~ ~~~TTe~'~J Rl'ICT'~1T! rTTG~' TTTfC~. CTC~"fT7GT ~ ~~ITGTliZG j f i ~ Contractor/commercial waste: Waste material, including construction/demolition waste, resulting from work performed under contract far consideration. This includes, but is not limited to, trimming, yard maintenance and remodeling or other home repair. Curbside collection: The collection of solid waste that has been placed no farther than five (5) feet from a curb or edge of a qualified road. fr^m r°oirl°nFinl n~ ~c~nme-.rc Debris waste: Stumps, logs, lirr{bs, wood, brush, leaves, soil and rock from land clearing operations. Free loader: Dumpster-style trailer which may be reserved by the county residential customers for one weekday or one weekend. Garbage: Solid and semi-solid items including discarded food wastes, wastes likely to decompose, bottles, waste paper, cans and clothing. Hazardous waste: "Hazardous substances" as defined by the Virginia Hazardous Management Waste Regulation; posing a danger to human health, harm to the environment, including but not limited to oil-based paint, insecticides, herbicides, poisons, corrosives, combustibles, caustics, acids, motor oils and gasoline. Household waste: Non-hazardous material, including garbage and trash, derived from households. Industrial waste: Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Physically-challenged service: Refuse pickup at the house for citizens who are physician-certified as unable to transport garbage to the street. Private road: A road not in the primary or secondary system. See also "Qualified Road" below. Premium garbage collection: Optional pickup of garbage from a residential customer for a fee. Residential customers: County residents living in single-family homes including individually-owned townhouses duplexes, single lot mobile homes and condominiums, Residential collection: Garbage, bulk and brush collection from residential customer's dwellings. Recyclables: Newspaper, cardboard, office paper, aluminum, copper, steel, tin, auto batteries, motor oil. Qualified road: A road in the primary or secondary system of highways in the Commonwealth of Virginia. This term also includes private roads meeting specific county prescribed conditions, as noted in section 20-23 below. Seasonal collection: Collection of Christmas trees and bagged leaves, during applicable times of the year. Solid waste: Solid and semi-solid materials including household garbage, yard waste, brush, bi~ilk household waste, un-mounted tires and other permissible discarded, non-hazardous materials. Yard waste: Lawn clippings, small brush and twigs, shrubbery clippings, bagged leaves. (Code 1971, § 14-4; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27- 04) ARTICLE II. COLLECTION BY COUNTY Sec. 20-21. Article not applicable to Town of Vinton. This article shall not apply to residents or commercial or industrial establishments of the Town of Vinton, Virginia, an incorporated town lying within the boundaries of the county, since the council for the town has provided for solid waste collection for the residents of the town. (Code 1971, § 14-7; Ord. No. 72694-4, § 1, 7-26-94; Ord. No. 012704-3, § 1, 1- 27-04) Sec. 20-22. Responsibility of county administrator under article. 2 The administration of this article, including the establishment of a budget for providing effective solid waste collection service; the hiring of all employees necessary for providing such service; the billing of persons receiving such service; and all other matters related thereto shall be the responsibility of the county administrator; provided, that all matters pertaining to the establishment of an annual budget and the establishment of collection rates and charges shall be approved by the board of supervisors. (Code 1971, § 14-5; Ord. No. 72694-4, § 1, 7-26-94; Ord. No. 012704-3, § 1, 1- 27-04) Sec. 20-23. Right to, and application for, service. All county residents shall be entitled to receive solid waste collection service consistent with the provisions of this article, subject to the deterrriination of the county adrr~inistrator, or his designee, regarding the econorriic feasibility of providing such service to any particular location subject to the provisions of this chapter and the policies of the board of supervisors. Any person desiring such service shall make application through the office of general services. Arrangements for payment, if required, shall be made at the time of application. Solid waste collection service shall be provided to county residents from and along a qualified road. This service may be provided from and along a private road under the following conditions: (1) "there are at least three (3) homes on the road; (2) "the county has written perrnission from all owners to be on the road, the owner/s assume the risk of any damage to the private road arising from the provision of such service by the county; and (3) The director of general services has approved the collection. This approval shall be based on the feasibility and safety of operating refuse collection vehicles on the private road. (Code 1971, § 14-6; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27- 04) Sec. 20-24. Specific collection categories. (a) Weekly curbside collection. The county shall provide weekly curbside garbage collection of household waste at no charge to all residential customers, meeting requirements of this chapter, in the county. To receive curbside collection, the following general rules must be followed: (1) All containers placed within five (5) feet of the curb line of a qualified road by 7:00 a.m. of the scheduled collection day. (2) ~~'_~ ~ `' ~ ~ ~^~' ^`~ z^^~c-fs- ~;ontainers shall be removed ~:~ I~;~~r ~i ~~~ i~e~~ from the public street right-of-way no later than 7:00 a.m. of the day following the scheduled collection day. (~} ~~,li ar~_~i~ i_-i ~:fa~~=c~ ~~~ ~.n~ ~~_,~~~~;ir~c~- ~ ;p16~..~~,,i-~ rz~z_~~:~ 1~~: b~gc~ed. (4) No dead animals, hazardous material, automobile parts, ashes, liquids, debris, rocks, dirt, r-~,~~?Icd7, ~~.~ ~~:~-~~~ or construction waste, contractor/commercial waste, or any other material deemed unsafe for collection shall be placed in the containers for collection. 3 (5) Sharps and needles must be sealed in proper needle disposal containers or other heavy, capped plastic containers, such as detergent bottles, n-iilk jugs or soft drink bottles. (6) Pet feces must be double bagged before being placed in containers for collection. (7) Latex paint may be placed in containers after it has completely solidified. (b) Specific rules pertaining to automated collection. All residential customers within the automated service area will receive one (1) automated container. Weekly collection will only be for household waste, garbage and yard waste placed within the container. The containers are assigned to the structure, not to the Occupants. Thncn hn~ ~c~+hnlhc ieii+h civ /R\ nr mnro nnni in~r,4c ~eiill hn nntiFlnrJ . AI' --;Inty resicier~~ial custerners nre ., ~ 3 ~1~~,,~~~~~ ,;~; ;_~ se~~~,, ~~ a~i~-,~ , ~.~,°r~~, -z z~~~~~,~r he ~~,~_~~f_~~a ~~ ~~+. No more than two 2 containers per residential customer will be allowed. When set to the curb line, each container must have at least five (5) feet of clearance on all sides. (1) The replacement fee for a container shall be established by the solid waste manager subject to the approval of the county administrator. (2) Residents may be charged for repairs or replacement of containers, if the loss or damage is due to negligence of the customer as determined by the solid waste manager. the homeowner will b~: ~~~esponsible for purchasing a new container in all instances of loss due to burning. (c) Physically-challenged collection. Backyard household waste collection will be provided to residential customers when everyone living in the structure is disabled or handicapped and unable to transport the refuse to the curb. A physician's certification of handicaps or disabilities is required for all individuals residing in the household. Physically-challenged residents will be required to renew this certification on an annual basis. The following additional criteria apply: (1) Customers receiving this service are limited to one container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) All materials placed in containers for collection must be bagged. (4) ~~~iC~s ~~Ic!.~~~~ ti;l~l~''~~i") i~(~ X11{ "_ti~~~~ll J~.~ ~h.~ (~nnF~inor ~eie~inh~ is limi•orJ }r~ (5) This service is not available for bulk and brush collection. (d) Premium garbage collection. Optional backyard service may be available to residential customers for household waste only by application. The charge for premium backyard collection will be a minimum of fifteen dollars ($15.00) per month and will include service up to one hundred (100) feet from the curbside pickup location. For each additional one hundred (100) feet or fraction thereof, an additional ten dollars ($10.00) charge will be assessed. The premium refuse 4 collection charges shall be paid in advance on a quarterly basis. The following additional criteria apply: (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) All materials placed in containers for collection must be bagged. (4) r=>:=~~~ ~~~i~~~,~I ~J~i~~~gi; n~'r ~nor~ th~r~ 30 lbs. r,,.,+.,,,,~,- ,A,o;,.h+ ~~ r.,,.+o,~ +,. ~9-Etas: (5) This service is not available for bulk and brush collection. (6) A nonrefundable application fee in the amount of twenty dollars ($20.00) shall be made in advance together with proper application forms from the solid waste division of general services. (e) Commercial collection. The county shall provide free, weekly, curbside collection of garbage to licensed commercial establishments (including churches and church-run daycares), generating not more than three (3) county provided automated containers per week. This service will be provided by application only through the office of general services. The county will not provide collection to any apartment office, or retail complexes of more than five (5) commercial establisr~ments or to mobile home parks of any size. The county will provide licensed commercial establishments one (1) container at no cost; the commercial establishment may purchase two (2) additional containers. Commercial establishments generating over three hundred (300) gallons of refuse per week are required to secure private collection. The following conditions apply to commercial collection: (1) Commercial customers within the automated service area will be subject to the rules pertaining to standard automated collection and all county solid waste rules. (2) Bulk/brush or bagged leaf collection is not available to commercial customers. (f) Nonresident collection. The county may, at its option, provide weekly garbage collection to nearby, non-county residents upon application and approval. A monthly fee of twenty dollars ($20.00) will be required. These customers are allowed only one (1) container and they will be required to pay a monthly rental fee of one dollar ($1.00) for the use of the container. IVon-county residents are not eligible for bulkibrush collection. (g) Condominium and townhouse development collection. The county shall provide once weekly pickup by an automated vehicle to residential customers residing in owner-occupied condominium and townhouse developments. The method of collection shall be consistent with the collection service received by other residential customers. (h) General. Debris waste will not be collected under any circumstances. 5 (1) Mixed or contaminated loads, e.g. bulk intermingled with brush, will not be collected. (2) Solid waste contaminated with hazardous wastes will not be collected nor handled by county personnel. (Ord. IVo. 62888-13[A], ~§ 1, 2, 6-28-88; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04) Sec. 20-25. Supplemental collection service. (a) Brush collection. The county provides free brush collection every other week to residential customers. Brush or other yard waste collection service will not be provided to commercial or non-county residential customers. It will be the responsibility of prerriium and physically-challenged customers to place any brush items at the curb for collection. Brush must be placed as close as possible to the curb line or road (~~ ~ ru~i~r~i~~ti~ur~~ ~n~ita~'i~ 5 ~~~'~~ and five (5) feet away from any horizontal obstruction and have overhead clearance, such that the operation of the equipment is not impaired or restricted. Such placement shall be made no earlier than the Saturday preceding the scheduled collection and no later than 7:00 a.m. of the day scheduled collection date. (1) Brush resulting from normal property maintenance, may not exceed six (6) feet in length c}~r'k~;~;~,~~__,~~ ir~c~es (1>) inches in diameter. 6 r~:~ st~a~~~~~~s I~~~~~> h~ r~ ~1 foot i~ ~~~~rddth must be free of all did~~ ~9~~-~,5~ r;i _. ~l_~~s etc., in order to 'be collected by county personnel. Stumps must be placed manually at the curb in order to be collected, Debris waste will not be collected pursuant to this section. The cuttings, limbs, end stumpy must be placed in a pile not to exceed six (6) by six (6) by six (6) feet in size. (2) Brush cuttings and tree limbs resulting from commercial tree trimming operations (contractor/commercial waste) will not be collected. (3) Brush resulting from land-clearing will not be collected. (b) Yard waste. Residential customers may place small quantities of °~"~l~~ie yard waste in their county-provided containers on their regularly-scheduled collection day. Excess quantities of yard waste must be placed in disposable containers, to include but not be limited to, plastic or paper bags bees and adjacent to the road or curb line for scheduled bulk collection. The disposable containers must be of substantial construction and shall not weigh more than fifty (50) pounds when full. The containerized clippings must be separate from any other bulk or brush items set out for collection. (c) Seasonal collections. For asix-week period, usually beginning with the first Monday in November, bagged leaves will be collected on a weekly basis from all residential customers. The county will not provide vacuum service for the collection of leaves. (1) Leaves must be placed in sturdy, tied, plastic bags within Five (5) feet of curb and may not exceed Fifty (50) pounds per bag. C (2) Christmas trees will be collected separately from other yard waste during cone-week period in January. Trees must be placed within five (5) feet of the curb with all decorations removed so they may be safely mlalched. Notice will be provided as to exact collection dates for these services. (d) General. Materials resulting from land-clearing operations or commercial yard waste management operations will not be collected pursuant to this section. It will be the responsibility of the contractor or owner to properly dispose of any such materials. (e) Bulk collection. The county provides free collection of bulk items every other week to residential customers. Bulk collection service will not be provided to any commercial customers. It will be the responsibility of premium and backyard service customers to place any bulk items adjacent to the qualified road or curb line for collection. The bulk items must be placed as close as possible to the curb line or road (at c~~ rr~il~iv~~~ri9,~ withil~ ~ ~~~~~ and five (5) feet away from any obstruction. The items must be completely clear of any overhanging wires or branches, in order to be collected. Such placement shall be made no earlier than the Saturday preceding scheduled collection and no later than 7:00 a.m. the day of collection. ('~ \~~on} }n co~nn '`ti-~17~ AIL nnlln~nn i}nmo ~eiill hn rl~n~S unr-c~.~c vrrz urrr-cvrrc vrr~rcn-ror-w-rn--v~cr rr hni ioohnlr} ~eroc}o }nn Inrno nr hnn~ni }n fi} in}n }hn n~ i}mm~}orl nnn}oinnrc (2) Residential customers can place no more than a pickup truck size load of bulk for pickup. If it is necessary for the materials to be containerized, the container must be of a disposable nature. (3) Bulk items include materials resulting from normal household activity, including but not limited to, items such as appliances, furniture, four (4) unmounted tires, ~c,~i~ (<~) pallets, bicycles, swing sets (disassembled), lawn furniture, and cardboard moving boxes or other trash resulting from moving ~.~~~`; shn~;li ~:~z~~~~an~~ ~i V~~~~ak ,wii~u; g~d~ ~G~cu b~~iC41ir,: r~~l:,i~ii~~~. _~onstruction/demolition waste set out for collection must b-. than 3 feet in length (wood, boards, pipes, plaster board etc.), weigh less than 50 pounds per piece and be no more than a pickup truck load in total. Material deemed likely to be blown around shall be containerized by some means. The resulting container can weigh no more than 50 lbs. The material cannot have resulted from contracted work. Concrete and roofing (5) Any material that may be wind blown must be bagged. Any glass items, such as mirrors, windows or shower doors, must be taped and bagged. .- - - _ ~ - -_ _ - - r =_ cc~ ~ ~- ~, ice.-V. (7) Excluded items: All prohibited waste, su_r~:V~~ as c©ncrete, asphalt, pa~,~~e; iier~t, rc~finr~ si~iri~~~l~~~; car tips; c;i~ ~, r~~c?c'-~:, debris waste, hazardous materials, animal carcasses, alatomobile parts, propane tanks and riding 7 lawnmowers will be the responsibility of the owner or contractor to properly dispose of. (f) Additional disposal services. County residential customers are entitled to the use of a fourteen-foot "freeloader" at no charge on a "first come, first serve" basis. The freeloader must be scheduled in advance and is to be used during spring cleaning, basement or attic cleaning, or major yard work projects. Use of the freeloader is governed by the following criteria: (1) Residential customers may reserve the freeloaders no more than four (4) times a year. (2) Materials may only be hand loaded (not mechanically) onto the trailer. (3) Small items or any material susceptible to wind must be containerized in some mariner, such as bags or boxes. (4) The freeloader will be delivered only to occupied residential homes. Homes currently under construction are not eligible to receive the freeloader. The freeloader will only be delivered to a safe and easily accessible location determined by solid waste staff. (5) The resident must be home to accept delivery of the freeloader to sign a release liability form. (6) No hazardous materials or debris waste or r'nnc+r~ ~n~ir~n ~.,~~+„ shall be placed in Freeloader. (7) Permissible items include brush, bulk, si~~~_~~f ~~~~~~~~1_!~i~o~~:~, c>~ i~~~3~~a_~c~~nsu~~e.~r C~~:ti-u_:~"~<h:~'~ w~~_~ici~-h` r~~-~~~~i~l~, and yard waste pursuant to section 20-1. (8) Prior to removal the loads will be inspected and the resident will be required to remove non-approved materials. (g) County residents may take pick-up truck loads of bulk items and brush originating from their residence to the Tinker Creek Transfer Station free of charge. The nun~iber of such loads permitted without charge, and other rules and regulations pertaining to removal and disposal of bulk items and brush at the Tinker Creek Transfer Station, shall be in accordance with rules and regulations promulgated by the county administrator or his designee. In special circumstances upon request, the county administrator or his designee may issue special dump permits for the disposal of bulk items and brush at the transfer station in addition to the number of loads generally permitted for county residents. (Ord. No. 2177, 11-14-78; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04) Sec. 20-26. Penalties. Any violation of the provisions of article II shall be punishable as a class 3 misdemeanor. In addition, collection service by the county may be discontinued until the violation is abated or corrected. (Ord. 012704-3, § 1, 1-27-04) Sec. 20-27. Reserved. 8 Editor's note: Ord. No. 72694-4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20-27, which pertained to special collection of excluded items and derived from Ord. No. 2177, adopted IVov. 14, 1978. Secs. 20-28--20-39. Reserved. ARTICLE III. RECYCLING Sec. 20-40. Recycling reports. (1) Definitions. Generators means any entity whose act or process produces solid waste as defined herein. Manage means to collect, store, treat, transport, and dispose of solid waste as defined herein. Principal recyclable materials means newspaper, ferrous scrap metals, non-ferrous scrap metal, used motor oil, corrugated cardboard, kraft paper, container glass, aluminum, high grade office paper, tin cans, cloth, automobile bodies, plastic, clean wood, brush, leaves, grass, and arboreal materials. Recycling means the process of separating a given waste material from the waste stream and processing it so that it is used again as a raw material for a product, which may or may not be similar to the original product. Reused means once having been a waste and being: (1) Employed as an ingredient (including use as an intermediate) in a process to make a product, excepting those materials possessing distinct components that are recovered as separate end products; or (2) Employed in a particular function or application as an effective substitute for a commercial product or natural resource. Solid waste means any garbage, refuse, sludge and other discarded material, including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, residential, mining, and agricultural operations, or community activities, but does not include: (1) Solid or dissolved material in domestic sewage, (2) Solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, or (3) Source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended. Source reduction means any action that reduces or eliminates the generation of waste at the source, usually within a process. Source reduction measures include among others, process modifications, feedstock substitutions, improvements in feedstock purity, improvements in housekeeping and management practices, increases in the efficiency of machinery, and recycling within a process. (2) Report requirement. All nonresidential solid waste generators and con-ipanies that manage solid waste or recycle materials generated within Roanoke County shall submit an annual report to Roanoke County. -fhe county will provide official reporting forms wriich can be obtained from the solid waste office or the office of the Commissioner of the Revenue. The report must be 9 submitted to the Department of General Services--Solid Waste Division by December 31 of the current reporting year. (3} Report substance. Each annual report required to be submitted hereunder shall include the following information with respect to the reporting party for the period covered by the report: 1. The name and address of the reporting party; 2. The total quantity of solid waste (a) generated, (b) managed, and (c) recycled by the reporting party during the reporting period; and 3. The total quantity or volume of solid waste that has been the subject of source reduction or reuse as defined herein. (4) Report basis. Any report required under this section shall be based on actual volume or weight. Where actual volume or weight cannot be accurately determined, the volume or weight may be reported using carefully estimated data. Any such report shall include a description of the basis for the reported data. (5) Proprietary protection. Nothing hereunder shall be construed to require any party to report information of a proprietary nature. Where any party fails to report any information otherwise required hereunder based upon a determination that such information is of a proprietary nature, the party shall specify in its report the nature of the information withheld and the basis for its determination that such information is of a proprietary nature. (6) Local generation. The report shall include only those solid wastes generated within Roanoke County, excluding the Town of Vinton, both in terms of recycled material and material disposed of in the landfill. (7) Civil penalties. Any party not reporting the required information or otherwise not complying with the provisions of triis article shall be subject to a civil penalty not to exceed one hundred dollars ($100.00). This civil penalty shall be payable to the General Fund of Roanoke County. In addition, any party not in compliance with the provisions of this article may be denied access to or use of the solid waste disposal facility serving Roanoke County. (8) Effective date. This article shall be in full force and effect from and after July 1, 1991. (Ord. No. 62591-9, § 1, 6-25-91) 10 ACTION NO. ITEM NO. - - 1~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 9, 2008 AGENDA ITEM: Work session to discuss trash collection SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Supervisor Moore has requested a work session on the County's solid waste ordinance. Attached to this report you will find a copy of this ordinance (Attachment A) with the relevant provisions highlighted in yellow. This request arises from a citizen complaint lodged with Supervisor Moore as a result of the failure of some persons to remove their trash containers from Indian Grave Road after trash has been collected. Indian Grave Road is not within the zoning classifications requiring removal of trash containers from the public right of way after collection as required by Section 20-24 of the County Code. The citizen suggests that the County Code be amended to expand the requirement to remove trash containers from the public right of way to other zoning districts in the County. Anne Marie Green will advise the Board of the efforts by County staff to enforce the provisions of the County Code. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors provide staff with direction if it intends to amend the County's solid waste ordinance. ARTICLE II. COLLECTION BY COUNTY Page 1 of 2 ATTACHMENT A Sec. 20-24. Specific collection categories. (a) Weekly curbside collection. The county shall provide weekly curbside garbage collection of household waste at no charge to all residential customers, meeting requirements of this chapter, in the county. To receive curbside collection, the following general rules must be followed: (1) All containers placed within five (5) feet of the curb line of a qualified road by 7:00 a.m. of the scheduled collection day. (2) In R-1, R-2, R-3 and AV zoning districts, containers shall be removed from the public street right-of-way no later than 7:00 a.m. of the day following the scheduled collection day. (3) No dead animals, hazardous material, automobile parts, ashes, liquids, debris, rocks, or construction waste, contractor/commercial waste, or any other material deemed unsafe for collection shall be placed in the containers for collection. (4) Sharps and needles must be sealed in proper needle disposal containers or other heavy, capped plastic containers, such as detergent bottles, milk jugs or soft drink bottles. (5) Pet feces must be double bagged before being placed in containers for collection. (6) Latex paint may be placed in containers after it has completely solidified. (b) Specific rules pertaining to automated collection. All residential customers within the automated service area will receive one (1) automated container. Weekly collection will only be for household waste, garbage and yard waste placed within the container. The containers are assigned to the structure, not to the occupants. Those households with six (6) or more occupants will be entitled to one (1) additional automated container. No more than two (2) containers per residential customer will be allowed. When set to the curb line, each container must have at least five (5) feet of clearance on all sides. (1) The replacement fee for a container shall be established by the solid waste manager subject to the approval of the county administrator. (2) Residents may be charged for repairs or replacement of containers, if the loss or damage is due to negligence of the customer as determined by the solid waste manager. (c) Physically-challenged collection. Backyard household waste collection will be provided to residential customers when everyone living in the structure is disabled or handicapped and unable to transport the refuse to the curb. A physician's certification of handicaps or disabilities is required for all individuals residing in the household. Physically-challenged residents will be required to renew this certification on an annual basis. The following additional criteria apply: (1) Customers receiving this service are limited to one container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) All materials placed in containers for collection must be bagged. (4) Container weight is limited to 30 lbs. (5) This service is not available for bulk and brush collection. (d) Premium garbage collection. Optional backyard service may be available to residential customers for household waste only by application. The charge for premium backyard collection will be a minimum of fifteen dollars ($15.00) per month and will include service up to one hundred (100) feet from the curbside pickup location. For each additional one hundred (100) http://library4.municode.com/default/DocView/12222/1/85/87 9/3/2008 ARTICLE IL COLLECTION BY COUNTY Page 2 of 2 feet or fraction thereof, an additional ten dollars ($10.00) charge will be assessed. The premium refuse collection charges shall be paid in advance on a quarterly basis. The following additional criteria apply: (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) All materials placed in containers for collection must be bagged. (4) Container weight is limited to thirty (30) pounds. (5) This service is not available for bulk and brush collection. (6) A nonrefundable application fee in the amount of twenty dollars ($20.00) shall be made in advance together with proper application forms from the solid waste division of general services. (e) Commercial coNection. The county shall provide free, weekly, curbside collection of garbage to licensed commercial establishments (including churches and church-run daycares), generating not more than three (3) county provided automated containers per week. This service will be provided by application only through the office of general services. The county will not provide collection to any apartment office, or retail complexes of more than five (5} commercial establishments or to mobile home parks of any size. The county will provide licensed commercial establishments one (1) container at no cost; the commercial establishment may purchase two (2) additional containers. Commercial establishments generating over three hundred (300) gallons of refuse per week are required to secure private collection. The following conditions apply to commercial collection: (1) Commercial customers within the automated service area will be subject to the rules pertaining to standard automated collection and all county solid waste rules. (2) Bulk/brush or bagged leaf collection is not available to commercial customers. (f) Nonresident collection. The county may, at its option, provide weekly garbage collection to nearby, non-county residents upon application and approval. A monthly fee of twenty dollars ($20.00) will be required. These customers are allowed only one (1) container and they will be required to pay a monthly rental fee of one dollar ($1.00) for the use of the container. Non- county residents are not eligible for bulk/brush collection. (g) Condominium and townhouse development collection. The county shall provide once weekly pickup by an automated vehicle to residential customers residing in owner-occupied condominium and townhouse developments. The method of collection shall be consistent with the collection service received by other residential customers. (h) General. Debris waste will not be collected under any circumstances. (1) Mixed or contaminated loads, e.g. bulk intermingled with brush, will not be collected. (2) Solid waste contaminated with hazardous wastes will not be collected nor handled by county personnel. (Ord. No. 62888-13[A], §§ 1, 2, 6-28-88; Ord. No. 72694-4, § 1, 7-26-94; Ord. 012704-3, § 1, 1-27-04) http://library4.municode.com/default/DocView/12222/1/85/87 9/3/2008 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: September 9, 2008 AGENDA ITEM: Work session to discuss the County's Noise ordinance SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Supervisor Moore has requested a work session on the County's noise ordinance. Attached to this report you will find a copy of this ordinance (Attachment A) with the relevant provisions highlighted in yellow. This request arises from a citizen complaint lodged with Supervisor Moore as a result of loud music on Starlight Lane that is within the time limits allowed under the County's noise ordinance [see Sec. 13-21 (5)]. The citizen suggests that the County Code be amended to include a prohibition similar to that found in the Roanoke City Code. A copy of the City Code is provided as Attachment B. [see Sec. 21-207 (1) (c)] STAFF RECOMMENDATION: It is recommended that the Board of Supervisors provide staff with direction if it intends to amend the County's noise ordinance. ARTICLE II. NOISE ATTACHMENT A Page 1 of 3 R.OANOY4E COUNTY CODE ARTICLE II. NOISE Sec. 13-16. Short title. This article shall be known as the "Noise Ordinance of the County of Roanoke, Virginia." (Ord. No. 102792-12, § 1, 10-27-92) Sec. 13-17. Declaration of policy. It is hereby declared to be the public policy of the County of Roanoke to promote an environment for its citizens free from excessive noise that jeopardizes their health or welfare or degrades the quality of life within Roanoke County. (Ord. No. 102792-12, § 1, 10-27-92) Sec.13-18. Definitions. The following words and phrases, when used in this article shall have the meaning assigned to them in this section. Emergency work shall mean work made necessary to restore property, public or private, to a safe condition following a state of emergency or a local emergency as defined by the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or property from immediate exposure to danger, including work performed by the Roanoke County Utility Department or by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. Motor vehicle shall mean aself-propelled vehicle including passenger cars, trucks, truck- trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but not limited to, motor scooters, mini-bikes, all-terrain vehicles and three-wheelers) as defined in section 46.2-100 of the Code of Virginia. Noise disturbance means any sound which (a) endangers or injures the safety or health of any person; (b) annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. Person shall mean any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative, agent or agency thereof. (Ord. No. 102792-12, § 1, 10-27-92) Sec. 13-19. Exceptions from this article. The provisions of this article shall not apply to: (1) The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work; (2) Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship; http://library4.municode.com/default/DocView/12222/1/54/56 9/3/2008 ARTICLE II. NOISE Page 2 of 3 (3) Sound generated from school or county sponsored athletic or recreational events; (4) Sound generated by activities which are an official or approved part of any county or state approved or licensed festival or activity, provided such exemption shall terminate at 10:00 p.m.; (5) Sound generated in commercial and industrial zoning districts Monday thru Friday between the hours of 7:00 a.m. and 10:00 p.m. and Saturday and Sunday between 10:00 a.m. and 10:00 p.m. which are necessary and incidental to the uses permitted therein; and (6) Sound for which a waiver has been granted in accordance with section 13-23 of this article. (Ord. No. 102792-12, § 1, 10-27-92; Ord. No. 081997-7, § 1, 8-19-97) Sec. 13-20. General prohibition. In addition to the specific prohibitions contained in this article, no person shall make, continue, permit, or cause to be made, continued or permitted any noise disturbance within the county. (Ord. No. 102792-12, § 1, 10-27-92) Sec. 13-21. Specific acts as noise disturbances. The following acts are declared to be noise disturbances in violation of this article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under section 13-20 and provided that the acts so specified below may still constitute a noise disturbance under section 13-20 independently of the hours of the day such acts take place. (1) Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day. (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in a manner so as to be plainly audible across property boundaries. (3) Loading or unloading trucks outdoors within one hundred (100) yards of a residence between the hours of 10:00 p.m. and 7:00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of 10:00 p.m. and 7:00 a.m. the following day, at a volume sufficient to be plainly audible across property boundaries or through partitions common to two (2) residences within a building or plainly audible at fifty (50) feet from such device. (6) Using or operating a loudspeaker or other sound amplification devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. http://library4.municode.com/default/DocView/ 12222/ 1 /54/56 9/3/2008 ARTICLE II. ]NOISE Page 3 of 3 (7) Using or operating any motor vehicle without factory installed mufflers or their equivalent, on any public street or road in the coun#y or on private property within a residential zoning district. {8) Using a radio receiving set, an audio cassette player, a compact disc player, or other device for the production of sound in a motor vehicle at a volume sufficient to be plainly audible at fifty (50) feet from such vehicle. (9) Failure to deactivate an alarm system plainly audible at fifty (50) feet from such alarm within such reasonable time as is established by section 16-23 of this Code. (Ord. No. 102792-12, § 1, 10-27-92) Sec.13-22. Penalties. A violation of any provisions of this article shall constitute a Class 1 misdemeanor. Each separate act on the part of the person violating this article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. (Ord. No. 102792-12, § 1, 10-27-92) Sec. 13-23. Undue hardship waiver. (a) Any person responsible for a noise source may apply to the board of supervisors for a waiver, or partial waiver, from the provisions of this article. The board of supervisors may grant such waiver, or partial waiver, upon a finding that either of the following circumstances exists: (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this article from which a waiver is sought would produce serious economic hardship without producing substantial benefit to the public. (b) In determining whether to grant such waiver, the board of supervisors shall consider the time of day the noise will occur, the duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this article and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of the provisions of this article. (c) Except as provided in (d) below, no waiver, or partial waiver, issued pursuant to this article shall be granted for a period to exceed one (1) year, but any such waiver, or partial waiver may be renewed for successive like periods if the board of supervisors shall find such renewal is justified after again applying the standards set forth in this article. No renewal shall be granted except upon written application therefor. (d) Applications for waivers for noise generated within commercial and industrial zoning districts shall be considered by the board of supervisors based upon the criteria contained in (a) and (b) above, and upon the extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound. In considering such waivers, the board may, but shall not be required to, impose a time limit on any waiver granted. (Ord. No. 102792-12, § 1, 10-27-92; Ord. No. 081997-7, § 1, 8-19-97) Secs. 13-24--13-99. Reserved. http://library4.municode.com/default/DocView/I2222/1/54/56 9/3/2008 ARTICLE VII. NOISE CO]vTROL* ATTACHMENT B Page 1 of 3 ROANOKE CITY CODE ARTICLE VII. NOISE CONTROL* *Cross references: Unlawful use of sound equipment in buildings or other premises, § 21-42. Charter references: Authority of city to prevent unnecessary noise, § 2(16). Sec. 21-204. Declaration of policy. At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of inhabitants of the city, and in the public interest noise should be restricted. It is, therefore, the policy of the city to reduce noise in the community and to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. (Ord. No. 30533, § 1, 5-20-91) Sec. 21-205. Definitions. The following words, when used in this article, shall have the following respective meanings, unless the context clearly indicates a different meaning: Motor vehicle means every vehicle defined as a motor vehicle by section 46.2-100, Code of Virginia (1950), as amended. Noise disturbance means any sound which by its character, intensity and duration: (1) Endangers or injures the health or safety of persons within the city, or (2) Annoys or disturbs reasonable persons of normal sensitivities within the city. Public property means any real property owned or controlled by the city or any other governmental entity. Public right-of-way means any street, avenue, boulevard, highway, sidewalk or alley. Real property boundary means the property line along the ground surface, and its vertical extension, which separates the real property owned by one (1) person from that owned by another person. Residential has reference to single-family, multifamily and residential mixed density zoning district classifications. Sound means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium, and which propagates at finite speed. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. (Ord. No. 30533, § 1, 5-20-91; Ord. No. 37350, § 3, 4-3-06) Sec. 21-206. Noise disturbances--Prohibited generally. It shall be a Class 2 misdemeanor and a public nuisance for any person to willfully make, permit, continue or cause to be made, permitted or continued any noise disturbance. http://librarv4.municode.com/default/DocView/11474/1/104/111 9/3/2008 ARTICLE VII. NOISE CO]vTROL* Page 2 of 3 (Ord. No. 30533, § 1, 5-20-91) Sec. 21-207. Same--Specific prohibitions. Subject to the exceptions provided in section 21-208, any of the following acts, or the causing or permitting thereof, among others, is declared to be a noise disturbance constituting a Class 2 misdemeanor and a public nuisance, but such enumeration shall not be deemed to be exclusive: (1) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, amplifier, television, record, tape or compact disc player, drum, musical instrument or similar device: a. Between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to permit sound to be heard across a residential real property boundary; b. When the sound source is located within a motor vehicle in or upon public right-of-way or public property and the sound can be heard more than fifty (50} feet from its source; or c. Between the hours of 8:00 a.m. and 10:00 p.m. in such a manner as to permit sound to be heard on residential property more than fifty (50) feet from the boundary line of its source. (2) Loudspeakers, public address systems and sound trucks. a. Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or sirriilar device amplifying sound therefrom on a public right-of-way or public property for any commercial purpose; or b. Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom for any noncommercial purpose between the hours of 10:00 p.m. and 8:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary. (3) Homs, whistles, etc. Sounding or permitting the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property, except as a warning of danger. (4) Explosives, fireworks and similar devices. Using or firing any explosives, fireworks or similar devices which create impulsive sound so as to create a noise disturbance across a real property boundary or on any public right-of-way or public property between the hours of 10:00 p.m. and 8:00 a.m. (5) Yelling, shouting, etc. Yelling, shouting, whistling or singing between the hours of 10:00 p.m. and 8:00 a.m. so as to create a noise disturbance across a residential real property boundary or on a public right-of-way or public property. (6) Schools, public buildings, churches and hospitals. The creation of any noise disturbance within any school, court, public building, church or hospital or on the grounds thereof. (Ord. No. 30533, § 1, 5-20-91; Ord. No. 37673, § 1, 2-5-07) Sec. 21-208. Same--Exceptions. Sections 21-206 and 21-207 shall have no application to any sound generated by any of the httn://Iibrarv4.municode.coin/default/DocView/11474/1/104/111 9/3/2008 ARTICLE VII. NOISE CON1'ROL* Page 3 of 3 following: (1) Sound which is necessary for the protection or preservation of property or the health, safety, life or limb of any person. (2) Any speech of any kind. (3) Noncommercial public speaking and public assembly activities conducted on any public right-of-way or public property for which a permit has been issued by the city. (4) Radios, sirens, horns and bells on police, fire or other emergency response vehicles. (5) Parades, fireworks, school-related activities and other special events or activities for which a permit has been issued by the city, within such hours as may be imposed as a condition for the issuance of the permit. (6) Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activity has been authorized by the owner of such property or facilities or its agent. (7) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm. (8) Religious services, religious events or religious activities, including, but not limited to music, bells, chimes and organs which are a part of such service, event or activity. (9) Locomotives and other railroad equipment and aircraft. (10) The striking of clocks. (Ord. No. 30533, § 1, 5-20-91) httn://librarv4.municode.co~n/default/DocView/11474/1/104/1. l l 9/3/2008 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: AGENDA ITEM: SUBMITTED BY: September 9, 2008 Work session to refresh the Board's understanding of "leash" laws in the County Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Chairman Flora has requested a work session to "refresh" the Board's understanding of "leash" laws in the County. A citizen has also raised concerns about dogs defecating on her property and the failure of the dogs' owners to clean up after their animals. Attached to this report you will find excerpts from the County Code addressing these issues (Attachment A) and also the State enabling legislation (Attachment B). ARTICLE II. DOGS, CATS AND OTHER ANIMALS ATTACHMENT A ARTICLE II. DOGS, CATS AND OTHER ANIMALS DIVISION 1. GENERALLY Sec.5-21. Definitions. Page 1 of 17 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: The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. Adequate exercise or exercise: The opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. Adequate feed: Access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, 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, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Adequate shelter.' 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 sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, fioormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (1) Permit the animals' feet to pass through the openings; (2) Sag under the animals' weight; or (3) Otherwise do not protect the animals' feet or toes from injury are not adequate shelter. Adequate space: Sufficient space to allow each animal to: (1) Easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (2) 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 age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three (3) 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 being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger http://library4.municode.com/default/DocView/12222/1/22/24 9/3/2008 ARTICLE II. DOGS, CATS AND OTHER ANIMALS Page 2 of 17 the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Adequate water: 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 twelve (12) hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring 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 generally 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. Cat.' Any member of the animal species felis catus . Companion animal: Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or f ber, 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 regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Dangerous dog: 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, the attacking or biting dog shall not be deemed dangerous: (1) 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; (2) Both animals are owned by the same person; (3) If such attack occurs on the property of the owner or custodian of the attacking or biting dog; or (4) 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 while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Dog: Every dog or canine, canine crossbreed or hybrid canine, regardless of age. Domestic animal: Any dog, cat, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, http://library4.municode.com/default/DocView/12222/1/22/24 9/3/2008 ARTICLE IL DOGS, CATS AND OTHER ANIMALS Page 3 of 1.7 geese, turkeys, confined domestic hares and rabbits and other birds and animals raised and maintained in confinement. Hybrid canine: Any animal or its offspring which at any time has been or is permitted, registered, licensed, advertised or otherwise described or represented as a hybrid canine, wolf or coyote by its owner to a licensed veterinarian, law-enforcement officer, animal warden, humane investigator, official of the department of health, or compliance officer who is under the direction of the state veterinarian. Kennel: An enclosure or structure used to house, shelter, restrain, exercise, board, breed, handle or otherwise keep or care for more than three (3) dogs four (4) months of age or older, from which they cannot escape. The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line. For purposes of this Chapter and the license tax, the term "kennel" shall also include "multiple dog permit." Livestock: Cattle, horses, sheep, goats, swine and enclosed, domesticated rabbits or hares. Other officer: All persons employed by the county or elected by the people of the county whose duty it is to preserve the peace, to make arrests or to enforce the law. 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. Poultry: All domestic fowl and game birds raised in captivity. 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: A canine or canine crossbreed that has: (1) Killed a person; (2) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) 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. (Code 1971, §§ 5-3, 5-10; Ord. No. 3137, § 1, 5-11-82; Ord. No. 84-192, § 1, 11-13-84; Ord. No. 72793-7, § 1, 7-27-93; Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 101497-7, § 1, 10-14-97; Ord. No. 060998-7, 6-23-98; Ord. No. 072605-7, § 2, 7-26-05; Ord. No. 120506-2, § 1, 12-5-06) Sec.5-22. Reserved. Editor's note: Ord. No. 120506-2, § 1, adopted December 5, 2006, amended the Code by repealing former § 5-22 in its entirety. Former § 5-22 pertained to violations of this article, and derived from Ord. No. 41294-7, adopted April 12, 1994. Sec. 5-23. Dogs and cats deemed personal property; rights relating thereto. (a) All dogs and cats in this county shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass and the owners thereof may maintain any action for the killing of any such dogs or cats, or injury thereto, or unlawful detention or use thereof, as in the case of other personal property. The owner of any dog or cat which is injured or killed http://library4.municode.com/default/DocView/ 12222/ 1 /22/24 9/3/2008 ARTICLE II. DOGS, CATS AND OTHER ANIMALS Page 4 of 17 contrary to the provisions of this article by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. (b) The community service officers or other officer finding a stolen dog or cat or a dog or cat held or detained contrary to law shall have authority to seize and hold such dog or cat pending action before a general district court or other court. If no such action is instituted within seven (7) days, such officer shall deliver the dog or cat to its owner. The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner of such premises, and the community service officers may take such dog or cat in charge and notify its legal owner to remove him. The legal owner of the dog or cat shall pay the normal boarding fee established by section 5-29 for the keep of such dog or cat while in the possession of the community service officers or other authorized agent of the county. (Code 1971, § 5-6; Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 121796-12.a, § 1, 12-17-96) Sec. 5-24. Limitation on number kept per dwelling unit. (a) The harboring or keeping of more than three (3) dogs over four (4) months of age per dwelling shall be unlawful, unless a multiple dog permit has been issued pursuant to this article. The harboring or keeping of more than six (6) cats over four (4) months of age, of which no more than two (2) may be fertile, per dwelling shall be unlawful. The requirements of this section shall not apply to any dwelling which is part of an active agricultural operation or usage as defined by the zoning ordinance for the county. (b) As of July 26, 2005, allow asixty-day period to register four (4) dogs if the dogs are owned currently and upon the death of one (1) of the four (4) dogs, the homeowner would be allowed to maintain three (3) dogs from that point forward. (Ord. No. 3137, § 2, 5-11-82; Ord. No. 52290-7, § 1, 5-22-90; Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 101497-7, § 1, 10-14-97; Ord. No. 072605-7, § 2, 7-26-05) Sec. 5-25. Sanitary condition of premises where kept. The structure or building in which any dogs are confined and the lot, compound or enclosure in which they are penned shall be kept in such sanitary condition as not to cause offensive odors or attract flies or other insects. (Code 1971, § 5-9) Sec. 5-26. Nuisance prohibited. It shall be unlawful for the owner or harborer of any dog, cat or other wild or domestic animal to cause or permit such animal to perform, create or engage in any animal nuisance defined in section 5- 21. Any animal found acting in any way forbidden by this article shall hereby be declared a nuisance and its owner or harborer shall be subject to the penalties provided by section 5-34. (Ord. No. 41294-7, § 1, 4-12-94) Editor's note: Ord. No. 72793-7, § 1, adopted July 27, 1993, repealed former § 5-26, relative to vicious dogs, and enacted new §§ 5-26.1--5-26.5 pertaining to similar subject matter. The provisions of former § 5-26 derived from Code 1971, § 5-10.1 and Ord. No. 84-192, § 1, adopted Nov. 13, 1984. Subsequently, Ord. No. 41294-7, § 1, adopted Apr. 12, 1994, enacted new provisions as herein set out. http://library4.municode.com/default/DocView/12222/1/22/24 9/3/2008 ARTICLE II. DOGS, CATS AND OTHER ANIMALS Page 8 of 17 (Ord. No. 72793-7, § 1, 7-27-93) Sec. 5-27. Barking or howling dogs. The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling or by any other conduct, shall cause annoyance and disturb the peace and quiet of any person or neighborhood shall be unlawful; and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been given by the community service officer or other law enforcement officer to the owner of such dog, if known, or upon the complaint of any person, if such owner is unknown, be impounded and confined in the county animal shelter by the community service officer. The disposition of any such dog shall be in accordance with section 5-29. (Code 1971, § 5-10.2; Ord. No. 121796-12.a, § 1, 12-17-96) Cross references: Noise generally, § 13-3. 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 to permit such domestic or feral dog, 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 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. (Code 1971, § 5-10; Ord. No. 120506-2, § 1, 12-5-06) 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 ofFcer 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, cat, or companion animal shall be released to any person claiming ownership, unless such license and proof have been displayed. (c) An owner claiming his animal pursuant to subsection (b) above shall be required to pay the actual expense incurred by the county in keeping the animal confined. Such payment shall be made to the custodial officer at the time of the release of the animal. It shall be the duty of the custodial officer to furnish the owner with a written receipt for such payment, in a form and manner approved by the board of supervisors. Such officer shall keep a carbon copy of all such receipts in a bound book, which shall be turned over to the county treasurer when the book is filled and shall be subject to audit by representatives of the board of supervisors whenever requested. In the event any domestic animal confined at county expense is sold, an amount http://library4.municode.com/default/DocView/12222/1/22/24 9/3/2008 ARTICLE II. DOGS, CATS AND OTHER ANIMALS :Page 9 of 17 equal to the actual expense incurred by the county in keeping the animal confined shall be deducted from the sale proceeds as funds payable pursuant to this subsection. Any funds collected pursuant to this subsection shall be remitted to the police department's animal impoundment account. No payment made under this subsection shall relieve the owner from prosecution for violating section 5-28. (d) Any animal confined pursuant to this section shall be kept for a period of not less than five (5) days, commencing on the day immediately following the day such animal is initially confined, unless sooner claimed by its rightful owner or such owner has surrendered all property rights in such animal, before it may be disposed of. Any animal whose identity may be readily identified shall be kept for an additional period of five (5) days, or a total of ten (10) days, before it may be disposed of or delivered to an individual for adoption and payment of all required fees. (e) A pickup fee of twenty dollars ($20.00) for the first offense, thirty-five dollars ($35.00) for the second offense, and fifty dollars ($50.00) for the third offense shall be imposed in addition to the normal board fee of eight and three quarters dollars ($8.75) per day when any dog or cat or domestic animal is claimed by its owner or custodian. All such fees shall constitute a civil debt owning to the county and may be enforced against such owner or custodian by civil warrant, suit or action at law or other legal proceeding. (f) Feral dogs or cats not bearing identification which exhibits behavior that poses a risk of physical injury to any person confining the animal will be confined for a period of not less than three (3) day before being euthanized in accordance with Section 3.1-796.96 of the Code of Virginia, 1950, as amended. (Code 1971, §§ 5-11, 5-26; Ord. No. 2135, 9-26-78; Ord. No. 52290-7, § 1, 5-22-90; Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 121796-12.a, § 1, 12-17-96; Ord. No. 012699-14, § 1, 1-26-99; Ord. No. 120506- 2, § 1, 12-5-06) Sec. 5-30. Confinement of female dogs while in season. Every female dog suspected of being in season shall be confined by the owner to a building or structure properly enclosed, so as to obscure such dog from public view while such dog is known to be in season. (Code 1971, § 5-13) Sec. 5-31. Killing, injuring, etc., livestock or poultry--Generally. (a) It shall be the duty of the community service officer or other officer, if he finds a dog in the act of killing, injuring, worrying or chasing livestock or poultry, to kill such dog forthwith, whether such dog bears a tag or not, and any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight. (b) The general district court or any other court shall have the power to order the community service officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. (c) If any person, including the community service officer, has reason to believe that any dog is killing livestock or committing any of the depredations mentioned in this section, he shall apply to a magistrate of the county, who shall issue a warrant requiring the owner or custodian, if known, to appear before the judge of the general district court at the time and place named therein, at which time evidence shall be heard, and if it shall appear that such dog is a livestock killer or has committed any of the depredations mentioned in this section, the dog shall be ordered killed immediately, which the community service officer or other officer designated by the judge of the general district court to act, shall do. http://library4.municode.com/default/DocView/12222/1 /22/24 9/3/2008 ARTICLE II. DOGS, CATS AND OTHER ANIMALS Page 10 of 17 (Code 1971, § 5-7; Ord. No. 121796-12.a, § 1, 12-17-96) State law references: Dogs killing, injuring, etc., other animals, Code of Virginia, §§ 3.1-796.116, 3.1-796.117. Sec. 5-32. Same--Investigation of claims against county. (a) The community service officer shall conduct an investigation into any claim made pursuant to section 3.1-796.118 of the Code of Virginia for livestock or poultry killed or injured by a dog prior to the payment of such claim, to determine if the claimant has exhausted all legal remedies available to him against the owner of the dog, if known, prior to making such claim to the board of supervisors. (b) For the purposes of this section, "exhaustion" shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied. (Code 1971, § 5-13.1; Ord. No. 121796-12.a, § 1, 12-27-96) Sec. 5-33. Disposal of dead 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 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. (Code 1971, § 5-8; Ord. No. 121796-12.a, § 1, 12-17-96; Ord. No. 120506-2, § 1, 12-5-06) Cross references: County solid waste collectors not to pick up dead animals, § 20-27. 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 through an appropriate action at law or suit in equity by any person suffering injury or or damage therefrom. 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 twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). (2) For a second offense within a consecutive twelve-month period, a fine of not less than fifty dollars ($50.00) nor more than one hundred fifty dollars ($150.00). (3) For a third and all subsequent offenses, a fine of not less than one hundred fifty dollars ($150.00) nor more than two hundred fifty dollars ($250.00). (4) The judge trying case may order any animal permanently removed from the county within twenty-four (24) hours of such order. (Ord. No. 52290-7, § 1, 5-22-90; Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 120506-2, § 1, 12-5-06) Sec. 5-35. Responsible animal care. http://library4.municode.com/defaultlDocView/12222/1/22/24 9/3/2008 111 ('c~tlc• ~~I \' ir•~Ini,l :,?_(~~;~) I'a~~c 1 nl` l ATTACHMENT B ±.2-6> +9. (1•`I'icetive Oetober 1. 2UOR) Ordimuue requiring dues to he kept cm leash. t.~rev I next I~he governing body of any locality may aldopt ordi-leinres rcyuiring that dins within an. 5urh I~~calil~ hi; kept on a leash ur uthenvise restraine~l and lnay, h} resolution directed to the circuit court. requea the court to order a reterendunt as to whether any such ordinance su adopted sh~lll herllnle l I IecUtit'. ~UCh relerendum shall be held and conducted, attd the results thereof ascertained and certified in alcurdancc w°ith ~ :~•tz hti~t. "I'he court shall require the governing body to give appropriate notice of the time, place and suhjec:t matter of such relerendum. The results ufthe rcl'errndum shall nut be binding upon the governing. body of the locality but may he used l11 ascertainim~ the sense: ofthe Fusers. (I 9fi4, c. ~h), ~ 2C)-21 ;.65; 19R7, c. -(RS, ~ 1.1 796.95; 2UUR. C. R(~ll ) l.I~ ~~ C'odc of Virginia > ;?-G5;$ 1'a~~e 1 ~~~ I pew ~ next fi 3.2-biii. (L;ffcctive (?rtohcr 1. 2OOK) ~~overning body of any locality may prohihit dogs li•um running at large. ~fhe governing body ul am locality may prohihit the running at large ofall or any cate~!or~ ul ~h~~~s in all ur am designated portion of such locality during such months as they may designate. (ion erring bodies may also re~luire that dogs he confined. restricted or penned up during sorb periods. I~or the purpose ul~ this :~ectiun. a dog shall he deemed to run at large w~hilc roanung. 1'Unning or sell-hllnllllll of I the l,t'Upl'I'l1 0l Ilti O~~'I1CI' l1C cUStOdlall and Ilt~l lllllll'r lls U\~'IleC5 Or l'll5todlall'S IItlnledlal~ i~~llll'~)l.~111' person ~~hu permits his dug to run at large. or remain unconfined, unrestrictcd or nut p~nncd up shall he deemed to have ~ iulated the provisions of this section. (1984, c. 192, ~ 29-213.G~; 1987, c. X185. ~ 3 1-796.93; 2008, c. 360.1 http: "Ieg l .state.~•a.us!cgi-bin~legp~04.c~e'?0(lO+cud + ,.2-639 fi!2l+i2U08 AT A R~G~1~ ~'E: A : CARS O~dR~ANbi~; COI~NTll,1/IRGtt~t'A., R~7 ,A£~MI~NI~TRA,T1fJN, '1/V'H~'EAS, t~e'Board of Supervisors of Roanoke County, Vfrg;inia~ has converted a lased meeting on t~tis date pursuant to an afl~rmat~ve reeor~ed vole ~'~~l accordar-ce~ kith tt~e;pr4Uisjans of Thy Virn~ ~~~ecian~ of f;hfbrtnation acts a~~~' "3J11H EREAS, Section 2. ~ -° .~ 2. ~f'the Code !af 1/i~rginia rect~ures a 4Ger~ficati~en key ft~e 'Board o~ Sup~r~tisors. of Raar~a~e County, ilrgint"a~, ~tha~ suc_~~ et'osec meetiri~ eras conducted in cor>formii~ wifk~ V]~rginia law, :N~W~ ~',~1rR~~O~E~yB~ ~T°RESOk`1~~1~,; ghat the `Boar~~ of Supe_ :_ oke~ ot~nty', ^fi/ir~inia, hereby rcer~ifies that, to the blast of each tnernber's knowledge: ~'!;.; C3n:ly pt~#~Ic business r~~~ters Yarn~fiu~#y exempted fr~m.Qpen m ~y ~i'r~irtia f~u~ erg disdussed ~~ti,°~ cfc~s_ec~ ~e~ir~g„ uuhi~f~t phis ce applied, artd 2.. Qnfy suoh pubfitc business :trt~tters as were'c#enti~iecf in fhe motan~ conven~g~th~ Rio .eetirag were heard,, ~d.isoussed .or ~cc~n~sidered by the Board ,of Su}~ervisors a~~a~e Cou,~ty~ Virg~rt~,~