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Roanoke County
Board of Supervisors
Agenda
October 14, 2008
Good afternoon and welcome to our meeting for October 14, 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 Bart Weakley
Northview United Methodist 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 October 2008 as Fire Prevention Month in the County
of Roanoke
D. BRIEFINGS
E. NEW BUSINESS
1. Request for authorization to execute a modification agreement between the
County of Roanoke, the Roanoke County Economic Development Authority,
and Tecton Products. (Jill Loope, Assistant Director of Economic
Development)
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F. FIRST READING OF ORDINANCES
1. First reading of ordinance to approve a lease agreement with the Ida May
Holland Trust for land adjacent to the Read Mountain Preserve. (Janet
Scheid, Greenway Planner)
G. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Second reading of an ordinance amending Chapter 20 "Solid Waste" of the
Roanoke County Code. (Anne Marie Green, Director of General Services)
H. APPOINTMENTS
1. Library Board (appointed by district)
2. Social Services Advisory Board (appointed by district)
3. Virginia Association of Counties (VACo) voting delegate
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Approval of minutes -September 9, 2008, and September 23, 2008
2. Resolutions of appreciation to:
(a) Kay Johnston, Finance Department, upon her retirement after twenty-
three years of service
(b) Herman W. Meador, II; Fire and Rescue Department, upon his retirement
after twenty years of service
3. Request from the Sheriff's Department to accept and appropriate a federal
grant in the amount of $15,736 approved under the State Criminal Alien
Assistance Program for equipment and training
4. Acceptance of a portion of Huffman Lane, Rte 761, (Vinton Magisterial
District) into the Virginia Department of Transportation Secondary Road
System
J. REQUESTS FOR WORK SESSIONS
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K. REQUESTS FOR PUBLIC HEARINGS
L. CITIZENS' COMMENTS AND COMMUNICATIONS
M. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Telecommunications Tax Comparison Report
5. Proclamation signed by the Chairman
N. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Joseph P. McNamara
2. Charlotte A. Moore
3. Joseph B. “Butch” Church
4. Michael W. Altizer
5. Richard C. Flora
O. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711.A.1
discussion and consideration of the employment and appointment of a specific
public officer, namely the clerk to the board
Note: The Board shall interview candidates for the position of County
Administrator at one or more undisclosed locations within the next 15 days, as
provided in Sections 2.2-3711.A.1 and 2.2-3712.B.
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P. WORK SESSIONS (Training Room – 4 floor)
1. Deer population in the County. (Requested by Supervisor Church; Paul
Mahoney, County Attorney; Ray Lavinder, Chief of Police)
Q. CERTIFICATION RESOLUTION
R. ADJOURNMENT
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ACTION NO.
ITEM NO. ~ ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADNIINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
October 14, 2008
Proclairriing October 2008 as Fire Prevention Month in the
County of Roanoke
Richard E. Burch, Jr.
Chief of Fire and Rescue
John Chambliss
County Administrator ~~
COUNTY ADMINISTRATOR'S COMMENTS:
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SUMMARY OF INFORMATION:
The County of Roanoke has been requested to recognize and proclaim October 2008 as
Fire Prevention Month in Roanoke County. During this time, we encourage citizens to
participate in fire prevention activities at home, work, and school. This year's theme "It's
Fire Prevention Month -Prevent Home Fires!" serves to remind all Roanoke County
citizens of the simple actions they can take to stay safer from fire.
Chief Burch will be in attendance along with Captain Gary Huffman, Fire Marshal; and
Brian Clingenpeel, Public Educator.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA"I"ION
CENTER ON "I"UESDAY, OCTOBER 14, 2008
PROCLAIMING OCTOBER 2008 AS FIRE PREVENTION MONTH IN
THE COUNTY OF ROANOKE
WHEREAS, Roanoke County is committed to ensuring the safety and security of
all those living in and visiting our County; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and
homes are where people are at the greatest risk from fire; and
WHEREAS, home fires killed more than 2,500 people in the United States in
2006 according to the latest research from the nonprofit National Fire Protection
Association, and fire departments in the United States responded to nearly 400,000
home fires; and
WHEREAS, cooking is the leading cause of home fires and home fire injuries,
wl-~ile heating equipment and smoking are the leading causes of home fire deaths; and
WHEREAS, Roanoke County's first responders are dedicated to reducing the
occurrence of home fires and home fire injuries through education and prevention; and
WHEREAS, Roanoke County residents are responsive to public education
measures and are able to take steps to increase their safety From fire especially in their
homes; and
WHEREAS, residents who have planned and practiced a home fire escape plan
are more prepared and will therefore be more likely to survive a fire; and
WHEREAS, the 2008 Fire Prevention Month theme, "It's Fire Prevention Month -
Prevent Home Fires!" effectively serves to remind us all of the simple actions we can
take to stay safer from fire year-round.
NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia,
do hereby proclaim October as FIRE PREVENTION MONTH throughout Roanoke
County, and urge all the citizens of the County to protect their homes and families by
heeding the important safety messages of Fire Prevention Morith 2008 and to support
the many public safety activities and efforts of the Fire and Rescue Department.
ACTION NO.
ITEM NO. l~- I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 14, 2008
AGENDA ITEM:
Request for authorization to execute a modification agreement
between the County of Roanoke, the Roanoke County
Economic Development Authority, and Tecton Products.
SUBMITTED BY: Jill Loope
Assistant Director of Economic Development
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
Roanoke County entered into a performance agreement with Tecton Products on April 29,
2005, which provided for an economic development grant and certain other considerations
to the company based upon measurable performance goals. The proposed development
was to be implemented in two phases. Phase I included the construction of a 75,000
square foot manufacturing facility with a minimum investment of $6.5 million in
improvements, machinery, and equipment and the employment of at least 58 people.
Phase II included a facility expansion resulting in a minimum investment of $5.6 million in
building improvements and equipment and a total of 93 employees by December 31, 2011.
To date, Tecton has significantly exceeded the investment projections for Phase I at their
facility located in Roanoke County's Center for Research and Technology. However, due
to a downturn in the residential construction market, the company has failed to meet their
minimum employment obligations. Current employment at •the facility is 36 full-time
employees with plans to increase employment to 45 by the first of the year. Therefore, the
company is requesting a 15-month extension to the performance agreement to November
30, 2009, to grant them the opportunity to fulfill the employment objectives of the
agreement. This request is consistent with the extension allowable under the Code of
Virginia for the Governor's Opportunity Fund Grant that the company received.
The modification agreement will also grant a 15-month extension to the Phase II
development to March 31, 2013. Staff has consulted with The Virginia Economic
Development Partnersl-iip and the Roanoke County Economic Development Authority and
all parties are in agreement with this extension request. A copy of the modification
agreement is attached for reference.
FISCAL IMPACT:
There is no negative fiscal impact with this project.
STAFF RECOMMENDAI"ION:
Staff recommends authorizing 'the execution of the modification agreement between the
County of Roanoke, the Roanoke County Economic Development Authority, and Tecton
Products.
Modification Agreement
THIS MODIFICATION AGREEMENT made as of this 14th day of October, 2008, by
and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a
political subdivision of the Commonwealth of Virginia, hereafter "the County", the
ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA
(hereinafter referred to as "the Authority"); and TECTON PRODUCTS, LLC, a Minnesota
limited liability company, hereinafter "the Company".
WITNESSETH
WHEREAS, the County is the owner of an approximate 457 acre business park
development known as the Center for Research and Technology (the "CRT"), located off State
Route 460, at and near its intersection with Interstate 81 and Exit 132, in the western portion of
the County, and
WHEREAS, the Roanoke County Board of Supervisors and the Economic Development
Authority of Roanoke County, Virginia, desire to promote and encourage the economic
development and vitality of Roanoke County and the Roanoke Valley through the recruitment of
new business for the citizens of the Roanoke Valley, in order to provide for increased
employment and corporate investment in Roanoke County; and
WHEREAS, the County and the Authority desired, by the sale to, and development for,
the Company of approximately twenty (20) acres of real estate in the CRT (the "Property"), that
the Company will create high quality employment opportunities for the citizens of the Roanoke
Valley by the development of this project which will promote economic development and
generate new tax revenues for Roanoke County; and
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WHEREAS, the Company desired to acquire and develop a portion of the CRT as a
research and development and production facility, and
WHEREAS, this increased employment and investment constitutes a valid public
purpose for the expenditure of public funds; and
WHEREAS, the parties entered into an Incentive and Performance Agreement
("Performance Agreement") on April 29, 2005, which provided for an economic development
grant and certain other incentives to the Company based upon the achievement of measurable
performance goals; and
WHEREAS, the County applied for and received from the Commonwealth of Virginia a
grant from the Governor's Opportunity Fund ("GOF") in the amount of $100,000 on behalf of
the Company; and
WHEREAS, Tecton has significantly exceeded their initial investment commitment in
excess of $2.5 million; and
WHEREAS, due to depressed economic conditions in the national housing market, the
Company desires to modify the Performance Agreement by extending the time to meet certain
performance goals.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, the parties agree to accomplish the following:
1. Governor's OUportunity Fund
A. Paragraph 1 of the Performance Agreement established measurable
investment and employment goals for the Company as conditions for the receipt of funds from
GOF. The Company had 30 months from February 27, 2006, (the date the funds were received
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by the Company) to construct and operate a facility in CRT with an investment of at least
$6,500,000 in improvements, machinery and equipment and to create 58 jobs at said facility.
The Company has satisfied its investment obligations; however, it has failed to meet its
minimum employment obligations by achieving 90% of its jobs creation goal.
The Company has requested the County to apply fora 15-month extension from the date
of performance required by GOF as provided in Section 2.2-115 E.2.b. of the Code of Virginia.
This extension will grant the Company an opportunity to fulfill its employment obligations until
November 30, 2009, in order to avoid refunding a proportional amount of the grant as provided
in Paragraph 1 D of the Performance Agreement.
The County agrees to apply for this 15-month extension to the Virginia Economic
Development Partnership on behalf of the Company.
2. County Incentive Grant
A. Paragraph 2 of the Performance Agreement established measurable
employment and investment goals for the Company as conditions for the receipt of incentives
from the County related to the Phase I development and the Phase II expansion.
The Company has requested an extension from the County on the performance timeline
consistent with the extension request for the GOF. This will grant the Company an opportunity
to fulfill its employment obligations to the County until November 30, 2009.
The County agrees to grant this extension by way of this Modification Agreement as
follows:
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3. Amendments to the Performance Agreement
A. Paragraphs 2.A.(2) and 2.A.(3) are amended to clarify that the
employment requirement means people scheduled for full time employment, actually working an
average of at least 40 hours per week (except in the event of a disability, FMLA, or other type of
leave), and eligible for Company benefits.
B. Paragraph 3.F is amended to clarify that should the Company not meet 90
percent of its new jobs commitments in Phases I and II, the Grant shall be reduced by $1,000 for
each job below these commitments and shall be calculated according to the original employment
requirement of 58 in Phase I, and 93 additional people in Phase II for a total of 151 employees.
4. The parties agree that the obligation of the Company to meet the employment
requirements of Phase I shall be extended from August 31, 2008 to November 30, 2009. The
parties further agree that the obligation of the company to meet the employment and investment
requirements of Phase II shall be extended from December 31, 2011 to March 31, 2013.
5. All other provisions of the Performance Agreement shall be in full force and
effect.
6. This Agreement shall be governed by and all disputes related hereto shall be
determined in accordance with the laws of the Commonwealth of Virginia.
7. This Agreement and any reimbursement of costs and improvements from public
funds is subject to future appropriations by the Board of Supervisors to the Authority.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and
year first above written.
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BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
By
Seen:
County Attorney
STATE OF VIRGINIA
COUNTY OF ROANOKE, to-wit:
By
John M. Chambliss, Jr.
County Administrator
ECONOMIC DEVELOPMENT
AUTHORITY
OF ROANOKE COUNTY
Billy H. Branch, Chairman
The foregoing instrument was acknowledged before me this day
of , 2008, by John M. Chambliss, Jr., on behalf of the Board of Supervisors for
Roanoke County, Virginia.
Notary Public
My Commission expires: / /
STATE OF VIRGINIA
COUNTY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this day of
2008, by ,Chairman of the Economic Development
Authority of Roanoke County, Virginia.
Notary Public
My Commission expires: / /
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TECTON PRODUCTS, LLC
sy:
STATE OF
CI"rY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this day of
2008, by as of Tecton
Products, LLC.
Notary Public
My Commission expires:
ACTION NO.
ITEM NO. ~'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADNIINISTRATION CENTER
MEE"PING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
October 14, 2008
First reading of ordinance to approve a lease agreement with
the Ida May Holland Trust
Janet Scheid
Greenway Planner
John Chambliss
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
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SUMMARY OF INFORMATION:
Roanoke County owns approximately 250 acres on the Bonsack side of Read Mountain.
This land is part of the Roanoke County Parks, Recreation, and Tourism Department and
is known as Read Moi.intain Preserve. Although the County property goes to the ridgeline
of Read Mountain, it does not go to the very top-an area known as Buzzards Rock. This
outcropping of rocks is very scenic and provides outstanding views of the Hollins side of
Read Mountain. It is the destination point for any trail through this County property.
As the County began to plan for the opening of Read Mountain Preserve and think about
developing public access trails on the property, it became apparent that a trail that stopped
at the County boundary-short of Buzzards Rock-would be somewhat anticlimactic.
Several years ago, the volunteers with Read Mountain Alliance built a trail to Buzzards
Rock with permission from the property owners. Now that the County owns these 250
acres, and wants to open the property to the public, it is necessary and prudent to enter
into a lease agreement with the property owners to formalize access to the property that
includes Buzzards Rock. The property owners had legitimate concerns about trespassing
and liability that the attached lease addresses. A representative of the Ida May Holland
Trust has met with County staff and general agreement has been reached.
The lease allows the County to build and maintain trails on the lease property and open
these trails to the public. No motor vehicles are allowed on the trail except as needed for
emergency access, construction, or maintenance. Per Section 29.1-509 of the Code of
Virginia, 1950 (as amended) the Coi.anty agrees to hold the Ida Mae Holland Trust
harmless from liability for personal injury or property damage arising out of the use of the
leased property.
The amount of the rent for the lease is one dollar per year. The Ida Mae Holland Trust
reserves the right to terminate this lease after providing the County with sixty days notice.
FISCAL IMPACT
Lease would require one dollar payment per year.
ALTERNATIVES
Approve First reading of ordinance accepting lease agreement with Ida IVlae Holland
Trust and schedule second reading of ordinance for Tuesday, October 28, 2008.
2. Do not approve first reading of ordinance accepting lease agreement with Ida Mae
Holland Trust.
STAFF RECOMMENDATION:
Staff recommends Alternative 1: Approve the first reading of ordinance accepting lease
agreement with Ida Mae Holland Trust and schedule second reading of ordinance for
Tuesday, October 28, 2008.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA"I"ION
CENTER ON TUESDAY, OCTOBER 14, 2008
ORDINANCE APPROVING A LEASE AGREEMENT WITH THE IDA
MAY HOLLAND TRUST FOR LAND ADJACENT TO THE READ
MOUNTAIN PRESERVE (TAX MAP NO. 028.00-01-09.00) IN THE
HOLLINS MAGISTERIAL DISTRICT FOR PURPOSES OF PUBLIC
ACCESS
WHEREAS, the Ida May Holland Trust is the owner of parcel of real estate located
primarily on the Hollins side of Read Mountain adjoining the Read Mountain Preserve,
composed of approximately 250 acres, owned by the Board of Si"ipervisors of Roanoke
County (Tax Map No. 039.00-01-01.05); and
WHEREAS, trails on Read Mountain constructed by volunteers with the Read
Mountain Alliance with the permission of the property owners cross back and forth
between these two adjoining properties by following the natural contours and not
necessarily the surveyed property boundaries; and
WHEREAS, it would serve the public interest for the County and its citizens to
have unimpeded legal access to the entire trail system on the Read Mountain Preserve
as it now exists, including access to Buzzards Rock, and to permit trail improvements in
the future; and
WHEREAS, the trustee of the Ida May Holland Trust has graciously agreed to rent
to the County for a nominal fee so much of this adjoining parcel (Tax Map No. 028.00-01-
09.00) as designated on the attached sketch map identified as Exhibit "A", attached
hereto; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on October 14,
2008; and the second reading was held on October 28, 2008.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the County Administrator or his designee is hereby authorized to
execute a lease agreement with the Ida May Holland Trust for that portion of real estate
adjoining the Read Mountain Preserve as indicated on Exhibit "A", attached hereto, from
October 28, 2008 and continuing for one year until October 27, 2009; thereafter, this
lease is subject to annual renewals, for a yearly rental of $1.
2. "that the County Administrator or his designee is authorized to execute said
lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to
execute such other documents and take such further actions as are necessary to
accomplish this transaction, all of which shall be upon form and subject to the conditions
approved by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
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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:
APPROVED BY:
October 14, 2008
Second reading of an ordinance amending Chapter 20 "Solid
Waste" of the Roanoke County Code
Anne Marie Green
Director of General Services
John Chambliss
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
E X17
SUMMARY OF INFORMATION:
Staff periodically recommends changes to the Solid Waste ordinance based on changes
in circumstances and improvements of service to the citizens. The Board reviewed the
proposed changes at a work session on September 9, 2008, and those changes are
incorporated into the attached ordinance. The first reading of the ordinance was held
on September 23, 2008.
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 a pick up truck sized
load of homeowner generated building material. Currently, the Code prohibits any pick
up of building materials, requiring the do-it-yourself homeowner to take the debris to the
transfer station. Many residents have indicated difficulty in transporting this waste and
will appreciate this increase in service.
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.
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(a)(3) Added a 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, only
bagged trash can be picked up, 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. This will bring us in line
with the Cities of Roanoke and Salem, which charge for additional containers, as do the
other localities in the state that provide automated service. The funds collected will
offset purchases of new cans.
(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 -generally from putting hot coals into the can -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 stumps within our pick up service. This is a service that is
requested by many homeowners and should not be a problem with our boom trucks and
the new grinder at the transfer station.
FISCAL IMPACT:
Charging for a second can and placing those funds in the container replacement
account will offset the cost of purchasing cans throughout the year. There is no fiscal
impact to the other changes.
ALTERNA"FIVES:
1. Approve the second reading of this ordinance as attached.
2. Do not approve the proposed changes.
STAFF RECOMMENDATION:
Staff recommends Alternative 1. The changes generally increase service for the
citizens or bring the county in-line with neighboring jurisdictions.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 14, 2008
ORDINANCE AMENDING SECTION 20-1, `DEFINITIONS', SECTION 20-
24, `SPECIFIC COLLECTION CATEGORIES', AND SECTION 20-25.
`SUPPLEMENTAL COLLECTION SERVICE' OF CHAPTER 20. "SOLID
WASTE" OF THE ROANOKE COUNTY CODE
WHEREAS, the Board of Supervisors of Roanoke County has determined that
several amendments to the solid waste chapter of the Roanoke County Code are
necessary to improve and enhance solid waste collection services for the citizens of
Roanoke County; and
WHEREAS, the Board has determined that it is in the public interest to make
these amendments to this chapter; and
WHEREAS, the first reading of this ordinance was held on September 23, 2008,
and the second reading and public hearing was held on October 14, 2008.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 20. "Solid Waste" of the Roanoke County is amended as
follows:
ARTICLE I. IN GENERAL
Sec. 20-1. Definitions.
The following words and terms, as used in this chapter, shall have the meanings
ascribed to them 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, furniture, carpeting, rugs, bagged leaves and grass, boxes,
four (4) unmounted tires, °m°" °m^..n+° ^+ building materials and other permissible
household items +^r. i~r^° ^r h^~~ni f^r .r.~rh.~.r^ n.~nc+
Building Material: Any homeowner generated material from small remodeling or repair
work. Examples of included items would be lumber (less than 3 feet in length), wood
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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 6' x 6' x 6' ~ load will be collected at
any one time.
Commercial collection: The county's limited curbside collection of garbage placed in
approved containers, generated by licensed business establishments, including three
(3) to five (5) family rental properties, one (1) to five (5) unit retail complexes, churches
and church-run daycares.
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Contractor/commercial waste: Waste material, including construction/demolition waste,
resulting from work performed under contract for 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.
Debris waste: Stumps, logs, limbs, 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.
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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, bulk household waste, un-mounted tires and other permissible discarded, non-
hazardous materials.
Yard waste: Lawn clippings, small brush and twigs, shrubbery clippings, bagged
leaves.
ARTICLE II. COLLECTION BY COUNTY
*****
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:
3
(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) '^ Q-~ Q-`' Q-~ °^~' °`~ ze~~~-d;~t~+o}~ Containers shall be removed at
least 10 feet from the public street right-of-way no later than 7:00 a.m. of the day
following the scheduled collection day.
(3) All material placed in the container for collection must be bagged.
(4) No dead animals, hazardous material, automobile parts, ashes, liquids,
debris, rocks, dirt, mulch, concrete or construction waste, contractor/commercial
waste, or any other material deemed unsafe for collection shall be placed in the
containers for collection.
(5) 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.
(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. Th^~o hni icohnlrlc
All county residential customers are eligible for a second container, which must be
purchased. 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 be responsible 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.
4
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) Bags shall weigh no more than 30 lbs. r„n+,;nor,~,o,nh+ ;~ ~;,,-„+o,~ +„ ~n ~h~
(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 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) Bags shall weigh no more than 30 lbs. r,,,,+~,,,or,~,o;nh+ ,~ ~;,,,,+o,~ +„ ~n ~h~
(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 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
5
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.
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
premium 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 (at a
minimum within 5 feet) 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 or twelve inches (12) inches in diameter. Tree stumps less than 1
foot in width must be free of all dirt, grass, clumps etc., in order to be collected by
County personnel. Stumps must be placed manually at the curb in order to be
6
collected. Debris waste will not be collected pursuant to this section. The
cuttings, limbs, and stumps 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 bagged 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 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 ~•~°°'-'~~ h~~i~ frnm ~~~
rocir•on~iol ni ~c~nm orc schedule to be set by the Director of General Services. The
service is not offered during the week of Thanksgiving. 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.
(2) Christmas trees will be collected separately from other yard waste during a
one-week period in January. Trees must be placed within five (5) feet of the curb
with all decorations removed so they may be safely mulched.
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 a minimum within
5 feet) 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.
7
(1~--~ ui ~aarr~tE1-acct~rnr~`ti--~ktLi I L~n~ ' n i p°~ ~ n i i Ir-avrri-via°cfr~i-rnrltc~.~i°crhrvia
~ei.~c~~° ~r~~ L~rir° r~r h°rnni ~r~ fib in~r~ +h° ~i i~~m.~~°i-! nr~n~~in°rc~
(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, four (4) pallets, bicycles, swing sets (disassembled), lawn
furniture, and cardboard moving boxes or other trash resulting from moving and
small amounts of homeowner generated building materials.
(4) Any construction/demolition waste set out for collection must be less 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 shingles will not be
collected by County personnel.
(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.
(6) Latex paint may be placed out for bulk collection after it has completely
solidified.
(7) Excluded items: All prohibited waste, such as concrete, asphalt, pavement,
roofing shingles or tiles, dirt, rock, debris waste, hazardous materials, animal
carcasses, automobile parts, propane tanks and riding 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 manner, such as bags or boxes.
8
(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 ~^nc+r. ,,,+..,n ~~,~~+o shall be
placed in freeloader.
(7) Permissible items include brush, bulk, small amounts of homeowner
generated building materials 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 number 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.
2. That the effective date of this ordinance is October 14, 2008.
9
ACTION NO.
ITEM NO. ~~ ` ^ 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:
SUBMITTED BY:
APPROVED BY:
October 14, 2008
Appointments to Committees, Commissions, and Boards
Mary V. Brandt, CPS
Assistant Deputy Clerk
John M. Chambliss, Jr. ~~
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. 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.
2. Social Services Advisory Board (appointed by district)
The four-yearterm 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 expires on July 31, 2009.
3. Virginia Association of Counties (VACo) voting delegate
The Virginia Association of Counties (VACo) annual conference will be held November
9-11, 2008. They have requested that each county designate a representative of its
Board of Supervisors as well as an alternate to cast its votes at the annual business
meeting on Tuesday, November 11. The voting credentials form must be submitted to
VACo by November 6, 2008.
~ - ~1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRAI-ION
CENTER ON TUESDAY, OCTOBER 14, 2008
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I-CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for October 14,
2008, designated as Item I-Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 4
inclusive, as follows:
1. Approval of minutes -September 9, 2008, and September 23, 2008
2. Resolutions of appreciation to:
(a) Kay Johnston, Finance Department, upon her retirement aftertwenty-three
years of service
(b) Herman W. Meador, II; Fire and Rescue Department, upon his retirement
after twenty years of service
3. Request from the Sheriff's Department to accept a federal grant in the amoi.int of
$15,736 approved under the State Criminal Alien Assistance Program for
equipment and training
4. Acceptance of a portion of Huffman Lane, Rte 761, (Vinton Magisterial District)
into the Virginia Department of Transportation Secondary Road System
That the Clerk to the Board is hereby ai.athorized 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. ~ -Z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 14, 2008
AGENDA ITEM: Resolutions of appreciation to the following individuals upon
their retirements:
(a) Kay Johnston, Finance Department, after twenty-three
years of service; and
(b) Herman W. Meador, I I, Fire and Rescue, after twenty years
of service
SUBMITTED BY:
APPROVED BY:
Brenda J. Holton
Deputy Clerk to the Board
John M. Chambliss, Jr. ~~
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following County personnel retired on October 1, 2008, and have requested that their
resolutions of appreciation be mailed:
(a) Kay Johnston, Finance Department, after twenty-three years of service; and
(b) Herman W. Meador, II, Fire and Rescue, after twenty years of service
STAFF RECOMMENDAI"ION:
It is recommended that the Board approve the attached resolutions and direct the Deputy
Clerk to mail them to the retirees with the appreciation of the Board members for their
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 ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 14, 2008
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO KAY JOHNSTON, FINANCE
DEPARTMENT, UPON HER RETIREMENT AFTER TWENTY-THREE
YEARS OF SERVICE
WHEREAS, Kay Johnston was employed by the Roanoke County Finance
Department as a buyer for the Purchasing Division on January 18, 1985; and
WHEREAS, Ms. Johnston retired on October 1, 2008, aftertwenty-three years and
nine months of service to Roanoke County; and
WHEREAS, Ms. Johnston was a Certified Professional Public Buyer and a member
of the National Institute of Governmental Purchasing and the Virginia Association of
Governmental Purchasing; and
WHEREAS, Ms. Johnston worked with County and Schools Departments procuring
goods and services, providing training on Purchasing Code, and assisting in the
implementation of upgrades to the Purchasing System; and
WHEREAS, Ms. Johnston was a dedicated employee who always provided a high
level of service to customers while maintaining an outstanding quality of work; and
WHEREAS, Ms. Johnston, through her 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 KAY JOHNSTON for more than twenty-three 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.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT "fHE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 14, 2008
RESOLUI"ION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO HERMAN W. MEADOR, II,
FIRE AND RESCUE, UPON HIS REl'IREMENT AFTER TWENTY YEARS
OF SERVICE
WHEREAS, Herman W. Meador, II was erriployed on July 25, 1988, by the Roanoke
County Fire and Rescue Department and held the positions of firefighter, Fire Sergeant,
and Fire Lieutenant; and
WHEREAS, Mr. Meador retired from the Roanoke County Fire and Rescue
Department on October 1, 2008, as a Fire Lieutenant after twenty years and two months of
service to Roanoke County; and
WHEREAS, Mr. Meador served as a team member and team leader for the
Roanoke County Hazardous Materials Regional Response Team attaining specialist- and
technician-level certifications; and
WHEREAS, Mr. Meador assisted the department on many special projects in fiis
career including photography and documentation; and
WHEREAS, Mr. Meador performed a crucial role in protecting the life and property
of citizens in one of the most hazardous professions, and Roanoke County is very
fortunate to have benefited from his dedication and many years of experience; and
WHEREAS, Mr. Meador, through riffs employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens by providing continual fire
protection.
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 HERMAN W. MEADOR, II 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
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: October 14, 2008
AGENDA ITEM: Request from the Sheriff's Department to accept and
appropriate a federal grant in the amount of $15,736 approved
under the State Criminal Alien Assistance Program for
equipment and training
SUBMITTED BY: Sheriff Gerald S. Holt
APPROVED BY:
John Chambliss, Jr
County Administrato
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Sheriff's O~FFice has received approval for a grant in the amount of $15,736 From the
State Criminal Alien Assistance Program. This grant will provide funds to cover equipment,
training, and staff related needs. This grant was approved by email notification on
September 26, 2008.
FISCAL IMPACT:
None. The grant is in the amount of $15,736 in federal funds and requires no matching
funds.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of awarded funds in the amount of
$15,736.
ACTION NO.
ITEM NO. ~._1`I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS-(RATION CENTER
MEE"PING DATE: October 14, 2008
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
Acceptance of a portion of Huffman Lane, Rte 761, (Vinton
Magisterial District) into the Virginia Department of
Transportation Secondary Road System
Arnold Covey
Director of Community Development
John Chambliss
County Administrator
CO,yU~NTY ADMINISTRATOR'S COMMENTS:
/l E:ct~ Mir E~,n .~ ~j~~ crt~e., l
SUMMARY OF INFORMA"PION:
Subsequent to adjacent property owners' requests, County staff has worked with Virginia
Department of Transportation (VDOT) staff to extend the State maintained portion of
Huffman Lane, Rte 761, to a proposed cul-de-sac. The extension will be from the existing
end of State maintenance to the end of the proposed cul-de-sac, approximately 0.015 mile
in length.
A resolution recommending the addition of Huffman Lane to the Rural Addition priority list
was approved by the Board of Supervisors on July 22, 2008, (Ordinance Number 072208-
1-d). On September 23, 2008, the Board of Supervisors approved Ordinance Number
092308-9 accepting the donated right-of-way for this project (See Exhibit "A").
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Approve the attached resolution requesting VDOT to accept a portion of Huffman Lane,
Rte. 761 into the Secondary Road System.
2. Take no action at this time.
STAFF RECOMMENDAI"ION:
Staff recommends Alternative 1.
9~
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RIGHT-OF-WAY TO BE ACCEPTED
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' CURVE "D"
R=40.00' R=25.00'
L=130.06' L=33.15'
D=186'18'06" D=75'58'08"
T=726.65' T=19.52'
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CHORD DIST.=79.88' CHORD DIST.=30.77'
SECONDARY SYSTEM
VINTON MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1"= 30' DATE: OCTOBER 14, 2008
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EXH/B/T ' ~I "
PLAT SHOWING
PORTION OF HUFFMAN LANE RTE. 761
REQUESTED BY
BOARD OF SUPERVISORS, ROANOKE COUNTY
TO BE ACCEPTED INTO
VIRGINIA DEPARTMENT OF TRANSPORTATION
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 14, 2008
ACCEPTANCE OF A PORT"ION OF HUFFMAN LANE, R'fE 761,
(VINTON MAGISTERIAL DISTRICT) INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM
WHEREAS, the street described below currently serves at least 3 families and
was established prior to July 1, 1992, at which time it was used by motor vehicles as a
public access; and
WHEREAS, the County has determined its subdivision ordinance satisfies
subsection B of §33.1-72.1, Code of Virginia, and is therefore eligible to make qualifying
additions to the secondary system of state highways maintained by the Virginia
Department of Transportation and fund necessary improvements as set out therein,
except as otherwise prohibited by subsection B of §33.1-72.2, Code of Virginia; and
WHEREAS, after examining the ownership of all property abutting this street,
including the deeds and related plats, this Board finds no restriction on the use of public
f~.ands for improving of the road; and
WHEREAS, after examining the ownership of all property abutting this street, this
Board finds that speculative interest does not exist; and
WHEREAS, this Board has identified immediately available funding to make
improvements required to qualify the street for addition to the aforesaid secondary
system of state highways, based on the Department's cost estimate of $ 50,000.00.
NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.1-72.1, Code of
Virginia, this Board requests the following street be added to the secondary system of
state r~ighways maintained by the Virginia Department of Transportation and hereby
guarantees the right-of-way of the street to be clear, unencumbered and unrestricted,
which right of way guarantee shall including any necessary easements required for cuts,
fills, and drainage:
Name of
Subdivision: O.C. Huffman Map & Family Subdivision for Greer Back Creek
Name of
Street: Huffman Lane, Rte. 761
From: Existing end of State maintenance
To: Proposed cul-de-sac
Length: 0.015 miles
Guaranteed 40 feet + (R/W Width Varies)
Rig ht-of-Way
Width:
Right of Way or
Instrument Instrument #: 200813731, 200813732, 200813733
Reference
and Date Recorded: 10/03/08
BE IT FURTHER RESOLVED, this Board requests the Virginia Department of
Transportation to improve said street to the prescribed minimum standards, funding said
improvements with the following funds;
Source of Funds Amount
Roanoke Count Seconda Six Year State Funds $ 50,000.00
BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of
receiving an invoice, all costs that 'the Virginia Department of Transportation incurs to
relocate existing utilities within the right of way that are discovered during the course of
and in conflict with the construction, drawing such funds from resources other than
those administered by the Department; and
BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of
receiving an invoice, all costs that the Virginia Department of Transportation incurs in
the construction of necessary improvements to the road that are over and above the
estimated cost of improvements or to otherwise identify an eligible source of funds
administered by the Department to cover such costs; and
BE IT FINALLY RESOLVED, that a certified copy of this resolution and a county
check in the amount of $ 0 be forwarded to the Residency Administrator of the
Virginia Department of Transportation.
I~~
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Amount
Unaudited balance at June 30, 2008 $ 16,743,199
Balance at October 14, 2008
$ 16,743,199
of General
Fund Revenue
9.51
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
The 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 County Capital Reserve
(Projects not in the CIP, architectural/engineering services, and other one-time expenditures.)
Unaudited balance at June 30, 2008
Amount
$1,540,757.20
Balance at October 14, 2008 $1,540,757.20
Major County Capital Reserve
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Unaudited balance at June 30, 2008
Balance at October 14, 2008
Submitted By Rebecca E. Owens
Director of Finance
$2,339,030.00
$2,339,030.00
Approved By John M. Chambliss, Jr.
County Administrator
'm - 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 October 14, 2008 $ 64,900.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By John M. Chambliss, Jr.
County Administrator
m - ~{
TELECOMMUNICATIONS TAX REPORT
COUNTY OF ROANOKE, VIRGINIA
Month of
Collection Tax Description
2006 2007 2008
January Consumer Utility Tax Landline $ 94,947.90 $ 86,811.94 $ -
Consumer Utility Tax Wireless 116,433.91 123,642.12 -
Communication Sales and Use Tax - - 275,569.88
E911 Service Tax 61,427.25 61,676.60 -
Cable Franchise fee 240,925.74 237,369.11 85,908.48
Total 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 Utility 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 96,802.50 - -
Consumer Utility Tax Wireless 128,673.20 - -
Communication Sales and Use Tax - 270,338.98 317,663.49
E911 Service Tax 60,650.90 - -
Cable Franchise fee 216,295.38 75,020.70 92,881.59
Total 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 - 258,253.93 263,989.14
E911 Service Tax 59,393.73 - -
Cable Franchise fee - 87,629.46 90,094.71
Total 266,689.02 345,883.39 354,083.85
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 $ 3,495,963.20
'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
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DECLARING OCTOBER 5 THROUGH 11, 2008, AS
MENTAL ILLNESS AWARENESS WEEK
IN THE COUNTY OF ROANOKE
WHEREAS, mental health is essential to good health and every individual, family and
community must understand that mental health is a necessary part of overall
health care and suicide prevention must be increased by reducing the
stigma of seeking care; and
WHEREAS, it is essential to eliminate disparities in mental health care by promoting
well-being for all, regardless of race, ethnicity, language, place of residence
or age and ensure equity of access, delivery ofservices and improvement of
outcomes, through public and private partnerships to ensure culturally
competent care to all; and
WHEREAS, individuals and families must have the necessary information and the
opportunity to exercise choice over their care decisions, including
individualized plans of care, expanded supported employment, enhanced
rights protections, better criminal and juvenile justice diversion and re-entry
programs, improved access to housing, and an end to chronic
homelessness; and
WHEREAS, every individual must have the opportunity for early and appropriate mental
health screening, assessment and referral to treatment; and
WHEREAS, adults and children with mental illness must have ready access to evidence-
based best treatments, services and supports leading to recovery; and
WHEREAS, the mental health system must provide consumers, providers and the public
with quality, accessible and accountable information supporting improved
care.
NOW, THEREFORE, WE, Richard C. Flora, Chairman, and Michael W. Altizer, Vice-
Chairman, of the Board of Supervisors of Roanoke County, Virginia, do
hereby proclaim October 5 through 11, 2008, as MENTAL ILLNESS
AWARENESS WEEK throughout the County of Roanoke to increase public
awareness of mental illness to promote greater access to effective
treatments for those who suffer from the potentially disabling symptoms of
these disorders.
Richard C. Flora, Chairman
Michael W. Altizer, Vice-Chairman
Wanda G. Riley, Clerk
ACTION NO.
ITEM NO. P - ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS-(RATION CENTER
MEETING DATE: October 14, 2008
AGENDA ITEM: Work Session on the deer population in Roanoke County
SUBMITTED BY: Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Supervisor Church has requested a Work Session on the deer population in Roanoke
County.
This request arises from citizen complaints lodged with Supervisor Church in the
Glenvar Heights Subdivision adjacent to the Center for Research and Technology.
However, 'the expanding deer population is a problem affecting the entire County.
Dan Lovelace from the Virginia Department of Game and Inland Fisheries will attend
this work session to provide the Board with the benefit of his knowledge and expertise.
Chief of Police Ray Lavinder will also be available to provide the Board with his
perspective on this problem.
Attached for your review is an article from the September 26, 2008, edition of the
Roanoke Times on deer hunting for 'the upcoming season. Also attached are Sections
13-4, 13-5, 13-5.1, 13-5.2, 13-5.3, and 13-5.4 of the Roanoke County Code that
address hunting and discharge of a firearm in Roanoke County and a summary of deer
management information on Roanoke County from the Virginia Department of Game &
Inland Fisheries.
STAFF RECOMMENDAI"ION:
It is recommended that the Board of Supervisors provide staff with direction and
guidance on this topic.
Another blockbuster? - Roanoke.com
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BREAKING NEWS
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Water main breaks in S W Roanoke
Friday, September 26, 2008
Another blockbuster?
Sy ~4ark Taylor
Page 1 of 4
- 'What will Virginia deer hunters do for an encore after last year's record kill of
`°~ , nearly a quarter million whitetails?
-'
4 ~:- .,
`~ ~ Don't be surprised if they come close to that benclunark again, or even top it.
~3 'i7Y^ .
-;.
-- ;When the primary deer seasons get going on Oct. 4 with the archery opener, longer
~, ~~ 'seasons and ever more liberal bag limits combined with a robust whitetail
'~° ~"' ;population across most of the state should set the tone for another banner year for
b4ark Taylor hUnteTS.
iVtark "Cavior's Outdoors
column 'and notebook
~,uuears rep>id~,rls in "r~,~ ;Muzzleloader season expands
Roanoke Times.
Recent columns ~ Fong the regulations changes approved during the off-season, none are more
significant in Western Virginia than the expansion of the early muzzleloader season
:.Lake to two weeks west of the Blue Ridge Range.
http://www.roanoke.com/outdoors/wb/178190 10/2/2008
Another blockbuster? - Roanoke.com
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Page 2 of 4
It's a change many hunters in the western half of the state have been seeking for
more than a decade, and brings the western season in line with the season east of
the Blue Ridge.
The season opens Nov. 1 and runs through Nov. 14. The general firearms season,
which is two weeks long in most western counties, opens Nov. i 5.
This isn't the first time the early season has been two weeks long in the western half
of the state. In the early 1990s, at the beginning of the boom in popularity of
muzzleloader hunting in Virginia, the season was two weeks long statewide in
muzzleloading counties.
^ Column ` But a number of Western Virginians who hunted only the general firearms season
archive 'complained that muzzleloader hunters were being given an unfair advantage. The
". _.__ _ ._ . ___ __ ....__.__. board of the Department of Game and Inland Fisheries agreed and cut the western
season to one week. The department also implemented a limit of a single antlered
buck per hunter during the one-week season.
The changes along the way have been shaped primarily by what the majority of hunters want, said Matt
Knox, a deer program manager with the DGIF.
"It's not a biological issue," Knox said. "It's a public opinion issue."
Resistance from general firearms hunters has since eased. Virginia now has about 120,000 muzzleloader
hunters, many of them in western counties. Knox said roughly 70 percent of deer hunters west of the
Blue Ridge now muzzleloader hunt.
"Things have changed, and changed dramatically," Knox said of the dynamics of the deer hunting
community.
Knox said he supported expanding the season, which he said likely won't lead to a major jump in the
deer kill.
"The average hunter has only X days to hunt," he said. "If you give him one week, he'll hunt X days in
one week. If you give him two weeks, he'll hunt X days in two weeks."
The change is about convenience. With more available days, hunters will be able to focus their efforts
on days when conditions are more favorable.
"Anything that makes it more convenient for the hunter," Knox said, "I'm all for."
One thing that won't be convenient for some hunters is the single-buck rule, which remains in place for
the early muzzleloader season in the west.
The expansion to two weeks was a Iast-minute proposal brought forward by the agency's board in
response to citizen requests. But the proposal didn't address the single-buck rule, and it was not legally
possible to make the change once the proposal went out for public comment.
Conixibuting to the angst over the single-buck limit is that inmost western counties, there is only one
either-sex hunting day -- Monday, Nov. 10 -- during the early muzzleloader season.
http://www.roanoke.com/outdoors/wb/178190 10/2/2008
Another blockbuster? - Roanoke.com
Page 3 of 4
The stipulation will force some hunters to quit after Nov. 10 as soon as they kill a buck. (Hunters could
go back to bowhunting.)
Knox said the agency plans to address the one-buck rule while reviewing regulations after the season.
Other changes
Hunters in a few deer-rich counties in the Roanoke region face an added incentive for killing antlerless
deer this season.
A new earn-a-buck {EAB) rule in place in Bedford, Franklin, Patrick and Roanoke counties will require
hunters to kill an antlerless deer in one of those counties before being allowed to kill a second buck in an
EAB county, even if the first buck was killed in a non-EAB county.
A relatively low number of hunters kill more than one buck a year. Still, the rule has prompted many
hunters to pledge to kill the first antlerless deer they can to "pre-qualify" for two bucks, just in case.
Interestingly, the number of either-sex "doe days" during general firearms season has actually been
reduced west of the Blue Ridge and on public land in some eastern counties.
The changes are primarily designed to eliminate acounty-by-county patchwork of days that was
confusing to hunters and an enforcement challenge for conservation police officers.
Overall hunting prospects
With generally strong deer populations and long seasons, most hunters should be able to fill at least one
tag pretty easily, especially in counties with liberal antlerless deer regulations.
Prospects of seeing good numbers of deer are better for hunters who have access to private land, which
generally supports much higher concentrations of whitetails than public tracts. Public land will produce
some trophies for hunters willing to work to get away from the crowds.
The mast crop will play a big role in the location of deer in the coming season. Acorn-laden white oaks
are traditional hot spots in the early archery season, with productive red oaks become more important
later in the fall.
The DGIF annually prepares mast reports, but the information is not yet fully tabulated. Early
indications are that mast is spotty, with great crops in some areas and meager crops elsewhere.
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BREAKING NEWS
Breaking News Updated: 8:24 AM
Water main breaks in SW Roanoke
Friday, September 19, 2008
Real hunters earn their buck
By ylark Ta.~or
;<
~~. ~_j
r..
4
e.Are.F;;~s,.o
14ark Taylor
Mark "Taylor's Outdoors
column and notebook i
aopea[~ re2ufarly in'17te
Roanoke Times.
Recent columns
^ Lake
A saying goes that real hunters earn their bucks.
Page 1 of 4
That adage will take on a literal meaning this fall in a number of Virginia counties
when deer seasons start in about two weeks.
A new rule in those counties -- including Bedford, Franklin, Patrick and Roanoke --
will require hunters to kill an antlerless deer on private land in those counties
before they may take a second buck on private land in one of the counties.
East of the Blue Ridge, a second antlerless deer is required before a third buck can
be taken.
The so-called earn-a-buck rule is intended to reduce deer populations in the
counties by increasing the kill of female deer. Reducing the number of females is
the best way to reign in herd growth.
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Moomaw
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Page 2 of 4
The Department of Game and Inland Fisheries established the rule after liberal bag
limits and long seasons failed to reduce herds to tolerable levels.
The rule will likely force some hunters to change their approach to deer hunting.
No longer will they be able to focus their attention on hunting only bucks early in
the season while putting off doe hunts until later in the year.
In fact, says Matt Knox, the Department of Game and Inland Fisheries biologist
who pushed for passage of the rule, the regulation may prompt some hunters to
focus f rst on does even though a they may shoot a buck first.
____ __._____.____. ____...__._' "I'm not going to put a hunter in the woods and tell him he has to shoot a doe first if
there's a chance the biggest buck of his life may walk by," said Knox, who works
out of the DGIF's regional office in Forest.
But even though it's not adoe-first rule, it may work out that way, Knox said.
That's because he believes many hunters will shoot the first antlerless deer they can in order to punch
their ticket. In eastern counties, some may even shoot a second doe to earn their third buck, just in case.
"It's going to increase the doe kill," Knox said, matter-of-faetly.
Roanoke County hunter Jim Forbes said he supports the rule.
"I admit I don't always take enough does, but I will have a new mindset this year," said Forbes, who
hunts in Roanoke and Franklin counties. "I personally will try to concentrate on does early in the bow
season."
Some hunters worry about the rule's enforceability because hunters are allowed to check in deer by
phone or the Internet.
Troy Lamy, who lives near Martinsville and hunts in Patrick County, worries that some hunters who
want to kill only bucks may cheat.
"If you're limited on hunting time," Lamy said, "you might just call [a doe] in so you can hunt a second
buck."
Knox said he's heard similar concern about hunters calling in so-called phantom does so they can kill a
second buck.
"Mandatory check stations would make it a lot cleaner," Knox concedes. "But earn-a-buck is not going
to turn deer hunters into violators.
"If you're a violator, yeah, it's made for you."
An offshoot of the program, albeit an unintentional one, is that the it could eventually improve the
hunting for mature bucks in the participating counties by reducing pressure on yearling bucks.
"If they see a big buck, they're going to shoot it and they should," Knox said. "But the worst thing you
can do is shoot a small four-pointer first."
http://www.roanoke.com/outdoors/wb/177376 10/2/2008
Real hunters earn their buck - Roanoke.com
Page 3 of 4
If the buck of a lifetime is the next deer to walk by, the hunter would be legally required to pass up the
deer.
"I call it deer purgatory," Knox said.
Any noticeable improvement in the quality of a county's bucks would likely take several years.
Other than concerns about cheating, the other topic causing the most worry is the complexity of the rule
itself.
"It`s a valid criticism," Knox said. "On the surface, when you first read it, it can seem very complex."
The DGIF has included a detailed Q&A on the rule on its Web site and in the game laws digest.
Knox also encourages hunters with questions to e-mail him.
"I'm getting lots of calls and e-mails," he said.
The opening of early archery season is barely two weeks away and Knox said he is eager to see how the
program works. However it works out, Knox said he is taking full responsibility.
"If you think it's a great idea, I get the credit," he said. "If you think it's idiotic, I'm the idiot."
Q: To which counties does the eam a buck (EAB) rule apply?
A: Bedford, Fairfax, Fauquier, Franklin, Loudoun, Patrick, Prince William, Roanoke.
Q: What qualifies as an antlerless deer?
A: A doe or button buck.
Q: If I shoot a buck first in a non EAB county, can I shoot a buck in an EAB county before shooting an
antlerless deer in an EAB county?
A: No. You must shoot an antlerless deer in an EAB county before you may shoot a second antlered
buck in any EAB county.
Q: What if I shoot two bucks in a non-EAB county, then go hunting in an EAB county east of the Blue
Ridge?
A: You would need to shoot two antlerless deer in an EAB county before you could use your final
either-sex "buck tag" in an EAB county.
Q: Does the rule apply to public land?
A: No.
Q: What if I have more questions?
http://www.roanoke.com/outdoorslwb/177376 10/2/2008
Real hunters earn their buck - Roanoke.com
A: Call Matt Knox at (434) S2S-7522 or e-mail him.
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http://www.roanoke.com/outdoors/wb/177376 10/2/2fl08
Sec. 13-4. Discharge of firearms, air guns, etc., generally.
(a) It shall be unlawful for any person to shoot or discharge any firearm, air rifle, air pistol, BB
gun, pellet gun or any other similar gun or device within the limits of the county, except when
lawfully hunting in accordance with the fish and game laws of the state or when safely engaged
in target practice or when lawfully and safely engaged in shooting upon a range or gallery which
has been properly licensed or approved or when shooting in a match conducted in accord with
article III of chapter 4 of this Code.
(b) Any person violating this section shall be guilty of a Class 1 misdemeanor. In addition, the
court in which the case is prosecuted may, in its discretion, confiscate the firearm, gun or device
in question.
(c) This section shall not apply to federal, state or local law-enforcement officers in the
performance of their duties.
(Code 1971, § 11-10)
Cross references: Penalty for Class 1 misdemeanor, § 1-10; shooting birds in bird sanctuaries,
§ 5-4.
State law references: Authority of county to prohibit discharge of firearms, air guns, etc., Code
of Virginia, § 15.2-1209.
Sec. 13-5. Shooting in, along or near roads or streets.
(a) No person shall shoot any firearm in or along any road or within one hundred (100) yards
thereof, or in a street of any town in the county, whether the town is incorporated or not.
(b) A violation of this section shall constitute a Class 4 misdemeanor.
(c) This section shall not apply to federal, state or local law-enforcement officers in the
discharge of their duties.
(Code 1971, § 11-9)
Cross references: Penalty for Class 4 misdemeanor, § 1-10.
State law references: Similar provisions, Code of Virginia, § 18.2-286.
Sec. 13-5.1. Transporting a loaded rifle or shotgun.
(a) It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded
rifle in any vehicle on any public street, road or highway in the county.
(b) Any violation of this section shall be punished by a fine of not more than one hundred
dollars ($100.00).
(c) This section shall not apply to duly authorized law enforcement officers or military
personnel in the performance of their lawful duties, nor to any person who reasonably believes
that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment
or business.
(Ord. No. 42892-8, § 1, 4-28-92)
State law references: Authority, Code of Virginia, § 18.2-287.1.
Sec. 13-5.2. Prohibiting hunting or trapping near primary and secondary highways.
(a) It shall be unlawful to hunt any game bird or game animal while on or within one hundred
(100) yards of any primary or secondary highway in the county.
(b) It shall be unlawful to trap any game animal or furbearing animal within fifty (50) feet of
the shoulder of any primary or secondary highway in the county. This shall not prohibit such
trapping where the written permission of the landowner is obtained.
(c) Any violation of this section shall be punished as a Class 3 misdemeanor.
(d) For purposes of this section, the terms "hunt" and "trap" shall not include the necessary
crossing of highways for the bona fide purpose of going into or leaving a lawful hunting or
trapping area.
(Ord. No. 42892-8, § 1, 4-28-92)
State law references: Authority, Code of Virginia, § 29.1-526.
Sec. 13-5.3. Prohibiting hunting near public schools and county, town or regional parks.
(a) It shall be unlawful to shoot or hunt, or to traverse an area while in possession of a loaded
firearm, within one hundred (100) yards of any property line of any public school or of a county,
town or regional park.
(b) Any violation of this section shall be punished as a Class 4 misdemeanor.
(c) This section shall not be enforced on lands within a national or state park or forest, or
wildlife management area.
(Ord. No. 42892-8, § 1, 4-28-92)
State law references: Authority, Code of Virginia, § 29.1-527.
Sec. 13-5.4. Prohibiting possession of loaded firearms in certain cases.
(a) It shall be unlawful for any person under the age of eighteen (18) to carry or have in his
possession a loaded firearm while in any public place or upon any public highway.
(b) This section shall not apply to a person (i) in his own home or curtilage thereof, (ii) acting at
the time in lawful defense of persons or property, (iii) engaged in lawful hunting, nor (iv)
engaged in marksmanship practice at established ranges.
(c) Any violation of this section shall be punished by a fine of not more than one hundred
dollars ($100.00), and the weapon may be forfeited to the commonwealth pursuant to the
provisions of Code of Virginia, section 18.2-310.
(Ord. No. 42892-8, § 1, 4-28-92)
State law references: Authority, Code of Virginia, § 18.2-287.3.
Deer Management Options and Issues- Roanoke County 2008
Virginia Department of Game and Inland Fisheries (DGIF) staff
Matt Knox Statewide Deer Project Coordinator
Dan Lovelace District Wildlife Biologist
Forest Office 434-525-7522
DGIF Deer Population Objective for Roanoke County
Population reduction
Current Hunting Seasons & Dates (Private Lands)
Early Archery
Early Muzzleloader
General Firearms
Late Archery
Late Muzzleloader
Oct. 4 - Nov. 14
Nov. 1 - Nov. 14
Nov. 15 -Nov. 29
Dec. 1 - Jan. 3
Dec.13 - Jan.3
Full Season Either-sex
Full Season Either-sex
Full Season Either-sex
Full Season Either-sex
Full Season Either-sex
Bag Limit: 1 deer per day; 2 antlered deer per season
**A hunter could potentially kill 78 antlerless deer during the entire season
New Regulations for 2008
Earn A Buck (EAB)
In Roanoke County (and other designated counties), at least one
antlerless deer must be taken on private lands before a second antlered deer
of the license year may be taken. At least two antlerless deer must have
been taken on private lands before a third antlered deer may be taken during
the license year.
* * This regulation is an attempt to increase antlerless deer harvest
Extended Early Muzzleloader Season
The Early Muzzleloader Season has been extended to two weeks.
Roanoke County Deer Harvest HistorX
Year Total Harvest
2005 - 06 1264
2006 - 07 13 86
2007 - 08 1571
2007 Harvest Breakdown
Antlered Males - 753
Male Fawns - 112
Females - 706
45% of total harvest
Future Deer Management Considerations
Increase daily bag limit to two deer /day
Add Early Antlerless-Only Archery Season Sept. 6 -Oct. 3
Add Late Antlerless-Only Firearms Season Jan. 5 - Jan. 31
Managed Hunt Programs for Consideration
- Carvins Cove
- Explore Park area
- Subdivisions
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON l-UESDAY, OCTOBER 14, 2008
RESOLUTION CERI"IFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, "THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawf~.ally exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed, or considered by the Board of Supervisors of
Roanoke County, Virginia.