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HomeMy WebLinkAbout9/9/2008 - Regular September 9, 2008 637 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 9,2008 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of September 2008. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. "Butch" Church, Joseph P. McNamara, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, County Administrator; Paul M. Mahoney, County Attorney; Dan O'Donnell, Assistant County Administrator; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Pastor Myron Atkinson, Penn Forest Wesleyan Church. The Pledge of Allegiance was recited by all present. 638 September 9, 2008 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1: Proclamation declarina September 13. 2008. as Commodore John Barry Dav. in the County of Roanoke Chairman Flora presented the proclamation to Matthew Duffy, President, Father Lynch Division, Ancient Order of Hibernians, and William Phoenix, Division Historian. Mr. Duffy thanked the Board for the proclamation honoring Commodore Barry, a Revolutionary War hero who is considered the "Father of the American Navy." PUBLIC HEARINGS 1: Public hearina to receive citizen comments reaardina ! proposed amendment to the fiscal year 2008-2009 budaet in accordance with Section 15.2-2507. Code of Virainia. (Brent Robertson. Director of Manaaement and Budaetl Mr. Robertson advised this is a public hearing to secure citizen's comments concerning amendments to the fiscal year 2008-2009 budget. He stated that the Code of Virginia 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 hold a public hearing. He stated that the notice of this hearing was published on September 2, 2008. Mr. Robertson advised that the amendments relevant to the public hearing include the following: (1) Request to appropriate $3,170,004 in School funds for professional services for four elementary schools. (2) Request to appropriate IN RE: September 9, 2008 639 $1,132,950 in 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. Mr. Robertson advised that there is no fiscal impact as a result of this public hearing and that the requests for the appropriations will occur later in the meeting. There was no discussion, and there were no citizens present to speak on these items. IN RE: NEW BUSINESS .1: Reauest to aoorooriate J3.170.004 school funds for orofessional services for the four elementary schools. (Diane Hvatt. Chief Financial Officer: Dr. Martin Misicko. Director of School Ooerations) A-090908-1 Ms. Hyatt advised that in order to proceed with the design of the renovations at Mason's Cove, Mount Pleasant, Green Valley, and Cave Spring Elementary Schools, funds are needed for architectural and engineering and other related professional fees in the amount of $3,170,004. She advised that the Board had 640 September 9, 2008 been provided with a schedule showing the breakdown of these costs. She reported that once the design work is complete, the specifications must be filed with the Virginia Department of Education prior to advertizing the project for bids in order to be eligible for literary fund loans. She stated that after the bid process is complete and the total project cost has been calculated, applications will be submitted for literary loans and/or Virginia Public School Association (VPSA) bonds to reimburse the design costs; and at that time, this item will be brought back for Board approval. Ms. Hyatt reported that the required reimbursement resolution was approved by the County Board on August 12, 2008, and the School Board approved a similar resolution on August 14, 2008. Ms. Hyatt advised that staff recommends appropriation of the advance of $3,170,004 from the Future Debt Service Reserve Fund from money that the Schools contributed during this budget year 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 loanNPSA bonds are sold. She advised that Dr. Misicko was present to answer questions regarding this item. Supervisor Church inquired why the costs for Mason's Cove Elementary School included a fee of $100,000 for civil engineering and landscaping and stated that there were also engineering fees of $25,000 for off-site water and sewer and $70,000 for sanitary disposal water included which were not provided for the other three schools. Dr. Misicko responded that the Mason's Cove site has a well and septic system and that the majority of the costs will be utilized for research and design to ensure that the water September 9, 2008 641 and sewer capacity would be sufficient for the future needs of the school. Supervisor Church concurred that the topography of this site has always been a problem. Dr. Misicko advised that the water table is very high in this area and that the design of the addition to the building could have an impact on the infrastructure because the subsoil conditions may not support it. He advised that they are conducting tests and drilling wells to determine the best way to proceed. Supervisor Altizer advised that the Mount Pleasant Elementary School was also on a well and septic system and inquired if the architectural and engineering fees will be used to determine whether public water and sewer can be incorporated. Dr. Misicko advised that the Mount Pleasant site is located close to public water; however, the elevation is so high that a pumping station may be necessary to achieve the water capacity necessary to meet the current building and fire codes. He advised that testing is being conducted to determine if it is possible and financially responsible to use public water and sewer which would be the Schools' wish. Supervisor Altizer advised that he wanted to make sure that public water and sewer was being considered at this time, so the issue would not have to be revisited if there is a problem in the future. Dr. Misicko advised that this would also be the Schools' wish. Supervisor Flora moved to approve the staff recommendation (appropriation of the advance of $3,170,004 from the Future Debt Service Reserve Fund for professional services related to the design of the renovation projects at Mason's Cove, Mount Pleasant, Green Valley, and Cave Spring Elementary schools 642 September 9, 2008 until the future literary 10anNPSA bonds are sold). The motion carried by the following recorded vote: AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None 2. Reauest to aoorooriate $1.132.950 school funds for orofessional services for the William Bvrd Hiah School addition/renovation oroiect. (Diane Hvatt. Chief Financial Officer: Dr. Martin Misicko. Director of School Ooerations) A-090908-2 Ms. Hyatt advised that based on the funding plan of the Future Debt Service Reserve Fund, the design work on the project is scheduled for fiscal year 2008- 2009, with the debt service to begin in fiscal year 2009-2010. She stated that in order to proceed with the design of the addition/renovation of William Byrd High School (WBHS), funds are needed for the architectural and engineering and other related professional fees in the amount of $1,132,950 as shown on the schedule of costs that was provided for the Board. She reported that once the design work is completed, the specifications must be filed with the Virginia Department of Education prior to advertizing the project for bids in order to be eligible for literary fund loans. She advised that after the bid process is completed and the total project cost has been calculated, applications for the literary loans and/or VPSA bonds will be submitted; and at that time, begin, this item will be brought back for Board approval. September 9, 2008 643 Mr. 'Hyatt advised that 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 William Byrd High School addition/renovation project until the future literary 10anNPSA bonds are sold. Supervisor Altizer advised that he had no questions, and he would move approval of the request when appropriate. Supervisor Flora inquired why the assessment phase study was included with the architectural and engineering fee. Dr. Misicko advised that before staff starts to build additions, they want to determine that the current capacity and utilization of the building is being met and if there are better ways to use rooms that may be empty during different periods. Supervisor Flora stated that the programming is being considered before the design, and Dr. Misicko advised that this was correct. Supervisor Flora deferred to Supervisor Altizer for purposes of making a motion. Supervisor Altizer moved to approve the staff recommendation (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 10anNPSA bonds are sold). The motion carried by the following recorded vote: AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None 644 September 9, 2008 3. Reauest to adoDt resolution authorizina the abandonment of riaht-of-way shown as ! Dortion of Brentwood Court on Dlat of Section No. ~ of Kinaston Court. Plat Book ~ ~ 39: the acceDtance of the Extension of Brentwood Court into the State Secondary System: and the recission of Resolution 031108-4.d adoDted on March ~ 2008. Windsor Hills Maaisterial District. (Joe Obenshain. Senior Assistant County Attorney) R-090908-3 Mr. Obenshain advised that this item requests acceptance of an extension of a small subdivision road in Kingston Court into the State's Secondary Road System and the abandonment of surplus property. He advised that the Virginia Department of Transportation (VDOT) raised concerns regarding the Board's action in March 2008 as a result of changes in VDOT's procedures for acceptance of subdivision streets into the Secondary Road System and the subsequent vacation of surplus properties. He advised that state law requires that the Highway Commissioner approve any property that VDOT has any interest in before it can be abandoned since the property may have other transportation use. He advised that to comply with VDOT's new procedures, this item was resubmitted for approval by the Board. In response to Supervisor Flora's inquiry, Mr. Obenshain advised that the County was not being asked to maintain the road as part of the new VDOT procedures. September 9, 2008 645 Mr. Obenshain advised that the County does makes representations to VDOT that the County has title and is authorizing the state to take over the responsibility for the road. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 090908-3 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 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 ot 3,392 square teet ot exiting VDOT right-ot-way to revert to Lot 16, Block 2, Section 3 of Kingston Court subdivision; and WHEREAS, the Virginia Department ot 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 646 September 9, 2008 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 0311 08-4.d adopted by this Board on March 11, 2008, is hereby rescinded. 2. That pursuant to 9 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 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 9 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 9 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 this Board. September 9, 2008 647 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 resolution, all of which shall be on form approved by the County Attorney. 7. That this resolution shall be effective on and from the date of its adoption. 8. That a certified copy of this resolution shall be forwarded to the Salem Resident Engineer for the Virginia Department of Transportation (VDOT). Moved by: Supervisor McNamara Seconded by: None Required Yeas: Supervisors Moore, Church, Altizer, McNamara, Flora Nays: None 4. Reauest to aDDrove resolution initiatina an amendment to Section 30-91-2. General Reaulations for Parkina. of the Roanoke County Zonina Ordinance to modify Drovisions relatina to Darkina of boats on corner lots. (Paul Mahonev. County Attornev) R-090908-4 Mr. Mahoney advised that at a work session on August 26, 2008, a report was received from the Planning Commission concerning the Board's request to consider the corner lot regulations under the County's zoning ordinance. He advised that at the conclusion of the work session, Supervisor McNamara requested that a resolution be placed on the agenda for this meeting. He advised that he drafted a resolution which included the two alternatives proposed by Supervisor McNamara at the work session as follows: (1) an amendment to allow boats up to 21 feet in length to be parked in the side yard of corner lots; and (2) an amendment to return to the provisions applicable to corner lots prior to the April 27, 1999, amendments. 648 September 9, 2008 Supervisor Flora inquired why the amendment specifically mentioned boats and not travel and utility trailers. Mr. Mahoney advised that his recollection of the discussion at the work session was that the Board expressed concerns about large recreational vehicles being parked which would affect the line of sight distances. He advised that he thought Supervisor McNamara's response to that concern was to request that the amendment limit the parking of boats to those less than 21 feet. Supervisor McNamara advised that he thought Mr. Mahoney did a nice job of drafting the resolution; however, his thought process was to include a limitation of less than 21 feet whether it was a boat or a small utility trailer. He advised that he wanted to eliminate the parking of larger recreational vehicles, and he agreed with option two which was to return to the amendments prior to 1999. He advised that option one should be considered as a subsection of option two and instead of referring to boats, it should reference travel trailers under 21 feet. Supervisor Church advised that limiting the amendment to boats only concerns him, and he suggested that Mr. Mahoney add language to include recreational vehicles which are reasonable in size. Supervisor Altizer advised that there are two motor homes in his neighborhood, and he has not received any complaints from citizens. He stated that this may be a bigger problem in other districts and advised that this change could create an enforcement issue for staff. He stated that in the work session, the Board was informed that there were 25 perceived violations per year; and he wondered if the September 9, 2008 649 ordinance were to be changed, would the violations increase to 50 per year. He advised that he was concerned that the Board would be changing the ordinance to include the parking of recreational vehicles and boats while a citizen who lives on a corner lot has to comply with additional regulations to add a carport. Supervisor Church advised that he believes that the owners of corner lots should be treated the same as the owners of middle lots. Mr. Mahoney advised that he thought they were treated the same; however, this was open to interpretation. Supervisor Church advised that any time an ordinance places restrictions which would treat one citizen differently from another, he is concerned; and he felt that the owner of a corner lot should not be subjected to additional scrutiny. Mr. Mahoney advised that the owner of a corner lot is not prohibited from owning a recreational vehicle, utility trailer, or both; and he advised that as John Murphy, Zoning Administrator, explained at the work session, it is physically possible to comply with the ordinance and park such items in the back yard. He advised that the question is how to accommodate that parking on that lot. He advised that typically corner lots are larger lots and the interior lots are smaller and this ordinance is an attempt to balance and accommodate those needs based upon the size and location of the lot. Supervisor Church advised that he respects Supervisor Altizer's concern regarding citizens requesting help with an expansion of their home for a carport or something similar. He advised that this issue may need to be reviewed separately; 650 September 9, 2008 however, he does not feel that the Board should be so restrictive in its ordinances that they cause individuals to incur penalties. He advised that since the work session, he has driven around the County and viewed approximately 40 to 50 violations although the number of complaints has been 25 per year. Supervisor McNamara asked Mr. Mahoney to describe the procedures that need to occur if the majority of the Board members want to change an ordinance. Mr. Mahoney responded that the Board may initiate that process and approval of the resolution that he prepared for the Board would accomplish this. He advised that other processes would be by petition of a citizen and by resolution of the Planning Commission. He advised that if the resolution to initiate the process is not approved by the Board, the issue would go no further. He advised that once the resolution is adopted by the Board, it would be forwarded to the Planning Commission, and the Planning Commission would hold a public hearing after appropriate notice as required by the statute. He reported that the ordinance would then come back to the Board with appropriate notice for a public hearing; and if that ordinance is adopted by the Board, it would be included in the County Code. He advised that he would have to speak with Mr. Thompson and Mr. Murphy regarding dates; however, he thought a Planning Commission public hearing could be held in early October and a public hearing before the Board in late October. September 9,2008 651 Supervisor McNamara advised that he thought the following steps for amending an ordinance were necessary: (1) Board initiates a resolution which is passed by a majority and forward to the Planning Commission. (2) Planning Commission holds a public hearing and sends it back to the Board with a favorable or unfavorable recommendation. (3) Board holds a public hearing for citizen input. He asked Mr. Mahoney what was accomplished by the Board's action on April 22, 2008, when they adopted a resolution asking the Planning Commission to review the ordinance. Mr. Mahoney advised that he thought the Board was requesting that the Planning Commission study the issue and was not requesting that the Planning Commission go through the process of amending the ordinance. Supervisor McNamara advised that perhaps his intentions were not made clear; however, he thought it was understood that there were other Board members who wanted to review the ordinance through a public process. He advised that he was aware that the County was not in favor of making any changes as was stated in the Board report and had recommended upholding the Planning Commission's recommendation. He advised that he felt it would be a disservice to the citizens if this issue does not go through a public process. He advised that the problem with people building carports is a different issue, and he would be willing to ask the Board to approve another resolution to review how the County deals with carports. He advised that he believes that complaints about violations would decrease if the County loosens its restrictions. He advised that he was on the Board when the 1999 amendments were 652 September 9, 2008 approved, and he felt that prior to the adoption of those amendments, there were no big problems with the ordinance. He advised that he was requesting that the Board members support a public process followed by a vote on the issue. He advised that it is his understanding that if the Board adopts the resolution and after the ordinance comes back to the Board for a public hearing, the Board can then make changes to it. Mr. Mahoney advised that generally speaking changes could be made by the Board after a pubic hearing; however, if a substantial change is made, it could necessitate another public hearing process. Mr. Mahoney inquired if it was the intent of the Board to amend paragraph 1 of the resolution to allow recreation vehicles, boats, and utility trailers up to 21 feet in length. Supervisor McNamara inquired if the Board adopted the resolution to revert back to the 1999 amendments, would this be a substantial change since it is less restrictive. Mr. Mahoney advised that it would not be a substantial change since that would be within the scope and intent of what the Board would be seeking and would be less than was initially advertised. Supervisor McNamara inquired if the resolution is adopted to revert to the 1999 amendments, could the Board at the public hearing place restrictions on motor homes without re-advertising. Mr. Mahoney advised that the Board could change the ordinance without holding another public hearing for either amendment being considered; and if the Board wanted to include additional restrictions on side-yard setbacks and off-street parking for example, that would be within the concept and basis of the discussion. He advised that the question would be are you September 9, 2008 653 giving notice to the citizens as to what you are changing. He advised that he feels the Board's approach gives enough notice to citizens that modifications can be made within the scope of that section. Supervisor McNamara advised that he would like to make a motion to adopt the resolution reverting to the prior 1999 ordinance with an additional statement that no sight distance or safety is compromised. He advised that when the recommendation is forwarded to the Board by the Planning Commission after its public hearing, he would like the Board to be willing to work with it. He advised that he had no desire to see large motor homes or unsightly objects parked on side yards, and it is his intention for objects less than 21 feet to be parked on a side yard. He advised that he feels if someone owns a utility trailer, they should be able to park it on a side yard or in front of their house. Supervisor Church inquired as to what changes occurred with the 1999 amendments. Mr. Mahoney advised that he provided the Board with an excerpt from the 1999 amendments that highlighted the changes and advised that those amendments covered more topics than corner lots. He advised that his recollection of the problem before the 1999 amendments was that there was some confusion with respect to enforcement, and language was included to clarify the definition of a front yard for enforcement personnel. He advised that without this definition, citizens could argue over where a front yard is located depending upon how the house is configured. 654 September 9, 2008 Supervisor Church advised that his reason for bringing up the specifics of the 1999 amendments was that he would be willing to revisit this subject because we live in an ever-changing environment. He advised that he agreed with Supervisor McNamara that it was healthy for government to allow people to voice their concerns, and it would be his preference to proceed to the next step. He reported that he has been contacted by twice as many people outside his district than in his district about this subject. He advised that he understands that this problem affects the other magisterial districts more than the Catawba Magisterial District; however, he feels the Board should listen to the citizens and consider whether the ordinance needs to be revised. Supervisor Altizer advised that he has not received any calls about this subject; however, this does not mean that there is not a problem in other districts. He advised that if there are inequities in the zoning ordinance that citizens and staff want to address, whether it is carports, trailers, boats, or side set-backs on a corner lot, he feels the Board should review all of these changes at one time and not individually. Chairman Flora requested that Mr. Mahoney restate the motion. Mr. Mahoney advised that in paragraph 1 of the draft resolution, Supervisor McNamara's motion was to delete the second sentence "That this amendment would allow boats up to 21 feet in length to be parked in the side yard of corner lots" and the next sentence would read "That this amendment would return to the provisions applicable to corner lots prior to the April 27, 1999, amendments, and that no sight distance or safety is compromised." September 9, 2008 655 Supervisor McNamara advised that his motion was to make the ordinance all inclusive so that the Board could lessen it by reverting back to the pre-April 1999 ordinance with the added stipulation that there are no sight line safety compromises. Supervisor Flora inquired if the Board wanted staff to develop what would be considered as sight line safety issues and comments that this was already addressed in the zoning ordinance. Mr. Mahoney advised that this was what he understood from Supervisor McNamara's amendment in terms of the sight distance safety compromise issue and agreed that there was language in other parts of the Code that deal with how and where you place landscaping on corner lots, and they would incorporate these principles. Supervisor Flora advised that he did not think that the ordinance was broken; however, he is willing to put it through the public process. He advised that at this point, he would not be inclined to support a change when it comes time for the Board's final decision. Supervisor Altizer commented when voting that he was willing to go through the public process; however, he advised that if the zoning ordinance needs to be revised, all revisions should be presented for consideration by the Board at the same time and individually. He advised that he would not be inclined to support the request when it comes back to the Board. 656 September 9, 2008 Supervisor McNamara's motion to adopt the resolution reverting to the ordinance prior to the 1999 ordinance with an additional statement that no sight distance or safety is compromised carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None Chairman Flora stated that he wanted to speak on the issue of the Planning Commission not initiating a change in the ordinance as Supervisor McNamara pointed out earlier. He advised that the Board asked the Planning Commission to review the ordinance and report back; and if the Board wanted to initiate a change in the zoning ordinance, the Board could have made that request. He advised that he did not want the Planning Commissioners to feel that the Board was accusing them of not doing what the Board asked. He advised that he felt the Planning Commission did exactly what they were told, and he thanked them for their efforts. RESOLUTION 090908-4 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 September 9, 2008 657 for the parking of boats within the front and side yard setbacks of corner lots. That this amendment would return to the provisions applicable to corner lots prior to the April 27, 1999 amendments, and that no sight distance or safety is compromised. 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 Commission 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 this amendment. On motion of Supervisor McNamara to adopt the resolution reverting to the ordinance prior to the 1999 ordinance with an additional statement that no sight distance or safety is compromised, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: FIRST READING OF ORDINANCES 1.: First readina of ordinance electina to assume the power to consider petitions for the creation of Community Development Authorities (CDAl. (Paul Mahoney. County Attorney) Mr. Mahoney advised that the Board held two work sessions regarding Community Development Authorities (CDA). He advised that at the August 26, 2008, work session, the Board indicated that they wanted him to bring forward the first reading of an ordinance to assume the power to consider petitions for the creation of CDAs. He advised that creating CDAs under State Code is a two-step process as follows: (1) adoption of an initial ordinance which establishes the CDA; and (2) adoption of a more detailed and specific ordinance in the future when a group of property owners or a developer wants to create a CDA. He advised that adoption of this ordinance begins 658 September 9, 2008 the process and that the second reading and advertised public hearing has been scheduled for September 23, 2008. He advised that at the September 23 meeting, staff will also present draft guidelines for the CDA to the Board. There was no discussion on this item. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for September 23, 2008. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None Chairman Flora advised that he had been involved for 45 years in local government and he believes that he and the other Board members do not have sufficient knowledge about CDA to proceed further. Mr. Mahoney advised that many local governments in Virginia are struggling with this concept. He advised that the Board has heard from bond counsel and financial advisors, that the Cities of Hampton and Chesterfield and other localities have taken this action. Mr. Mahoney advised that the County of Fairfax is holding an advertised public hearing this month on CDAs. 2. First readina of an ordinance to amend Ordinance 0-120506-3 to accept the conveyance of ! 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. Greenwav Planner) September 9, 2008 659 Mr. Haislip advised that staff is seeking approval to accept another generous donation from Fralin and Waldron to help finish up the trail system referred to as the Read Mountain Preserve. He expressed appreciation to Andy Kelderhouse and Steve Claytor from Fralin and Waldron for this donation as well as the original donation. He advised that this was a generous donation for a wonderful project. Ms. Scheid advised that in 2006, Fralin and Waldron, Inc. donated 152 acres of property on Read Mountain to Roanoke County for public park purposes. She advised that 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. Mr. Haislip pointed out the locations on the map, and Ms. Scheid advised that some sections of the trail alignment were constrained by topography and existing boundary lines. She advised that after consulting with Fralin and Waldron and examining 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. She advised that this donation was at no expense to F&W and that the Read Mountain Alliance would cover the survey expenses. She advised that the site plan has been completed and was attached to the Board report. Ms. Scheid advised that the County is very grateful to Fralin and Waldron, Inc. and F&W Community Development Corp. for their generous donations and their willingness to make this park a reality. She advised that staff recommends that the 660 September 9,2008 Board approve the first reading of the ordinance and schedule a second reading and public hearing on September 23, 2008. She advised that Mr. Kelderhouse and Mr. Claytor were present at the meeting, and it has been outstanding to work with them. Supervisor Flora inquired as to the overall length of the trail. Ms. Scheid advised that ultimately the overall length of the rock trail is 1.9 miles, and there are many other opportunities for additional trails. She stated that this is the first trail that has been built by Pathfinders for Greenways. In response to Supervisor Flora's inquiry, Ms. Scheid advised that the trail is 1.9 miles from the parking lot to Buzzard's Rock. Mr. Haislip advised that they are working with another land owner outside of the boundaries of the park, and they hope to bring back to the Board an item to allow access to Buzzard's Rock outside of the County property. He advised that there are other trail options that will be shared with the Board in a work session later today. In response to Supervisor Flora's inquiry, Ms. Scheid advised that the trail is a good climb and would be 6 or 7 on a scale of 1 to 10. Supervisor Altizer advised that the acreage shown in the Board report does not add up to the acreage in the ordinance. Ms. Scheid advised that the original acreage donated was 152.274, that there was a half-acre discrepancy when the survey was completed, and that the amount in the ordinance is the correct acreage. Supervisor Flora recognized Mr. Keldershouse and Mr. Claytor and expressed appreciation for the donation. Supervisor McNamara also expressed September 9, 2008 661 appreciation to them and advised that the County is very fortunate to have local builders who are environmentally conscious and willing to assist the County. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for September 23, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 3. First readina of an ordinance to acceot the conveyance of three oarcels of unimoroved real estate for the extension of Huffman Lane. Route 761. Vinton Maaisterial District. and to authorize the addition thereof to the State Secondary System of Hiahwavs. (Joe Obenshain. Senior Assistant County Attornev) Mr. Obenshain advised that in order to finalize a small rural addition on Huffman Lane and permit the construction of a cul-de-sac at the terminus of Huffman Lane, it is necessary that these three parcels become the property of the County. He advised that after the second reading of the ordinance has been approved, the deeds will be recorded, and staff will ask the Board to approve by resolution the transfer of these properties to the Virginia Department of Transportation for maintenance purposes. 662 September 9, 2008 Supervisor Altizer inquired asked if these were all of the donations of land necessary to complete Huffman Lane. Mr. Obenshain advised that this was his understanding. Supervisor Altizer moved to approve the first reading and set the second reading and public hearing for September 23, 2008. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None 4. First readina of an ordinance to amend Section 8.1-6 of Chaoter 8.1 "Erosion and Sediment Control" of the Roanoke County Code to add certified landscape architect as ! professional to prepare erosion and sediment control plans. (Tarek Moneir. Deoutv Director of Develooment) Mr. Moneir advised that this item is basically a housekeeping matter. He advised that the recommendation is to amend the ordinance to allow landscape architects to prepare erosion and sediment control plans of 5,000 square feet or more of land disturbance. He advised that it was brought to their attention that the County Code needed to be amended with the inclusion by a local landscape architect. Mr. Moneir advised that staff's recommendation is to amend the County Code to allow landscape architects to prepare erosion and sediment control plans. September 9, 2008 663 Supervisor Flora inquired if this was the only change that was being requested for this item. Mr. Moneir responded that this was correct. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for September 23, 2008. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None It was subsequently determined that this item does not require an advertised public hearing. IN RE: APPOINTMENTS 1.: Capital Improvement Proaram (CIP) Review Committee Chairman Flora advised that the one-year term of Steve Campbell, Hollins District, expired on August 31, 2008. He reported that Mr. Campbell was willing to serve an additional term and requested that confirmation of his appointment be placed on the Consent Agenda. 2. Economic Development Authority Chairman Flora advised that the four-year term of Linwood Windley, who lives in the Windsor Hills District, will expire on September 26, 2008. He asked Supervisors McNamara and Church if they wanted to hold the closed meeting which had been scheduled to discuss this appointment. They advised that the closed meeting 664 September 9, 2008 was not necessary. It was the consensus of the Board to appoint Mr. Windley and place confirmation of his appointment on the Consent Agenda. 3. Lenath of Service Awards Proaram (LOSAP) for Fire and Rescue Chairman Flora asked Mr. Chambliss to report on the recommendations of the Volunteer Fire and Rescue Chiefs Board concerning appointments necessary due to the resignations of Leon Martin, volunteer member-at-Iarge, and Craig Sheets, member volunteer rescue squads. He stated that their four-year terms currently expire on January 1, 2010. Mr. Chambliss stated that the Volunteer Fire and Rescue Chiefs Board has recommended the following appointments and term expiration dates: (1) Colin Gee, volunteer member-at-Iarge; (2) Sonja Stump, rescue volunteer member; and (3) that the terms of office for these two positions expire on January 1, 2012, so the terms can be staggered. He advised that thereafter, the terms for these two positions will remain four-year terms. Chairman Flora advised that confirmation of these appointments as recommended by the Chiefs Board have been placed on the Consent Agenda. 4. Library Board Chairman Flora advised that Lisa Boggess, who represents the Vinton District, has notified Supervisor Altizer that she is no longer a County resident. He reported that her four-year term expires on December 31, 2008. Supervisor Altizer advised that he hoped to have an appointment at the next meeting. September 9, 2008 665 5. Social Services Advisory Board (aDDointed ~ district) Chairman Flora advised that the four-year term of Douglas C. Forbes, Vinton Magisterial District, expired on July 31, 2008, and that Mr. Forbes is not eligible for reappointment as he has served two consecutive terms. He also advised that the representative from the Catawba Magisterial District has resigned and that four-year term expires on July 31,2009. He was informed by Supervisors Altizer and Church that they should have appointments at the next Board meeting. IN RE: CONSENT AGENDA R-090908-5; R-090908-5.g Supervisor Flora moved to adopt the consent resolution after removing Item 4. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None Supervisor Altizer moved to approve Item 4 (request to donate a surplus Motor Grader to Craig County.) The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara NAYS: None ABST AI N: Supervisor Flora 666 September 9, 2008 RESOLUTION 090908-5 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 by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Flora to adopt the resolution with Item 4 removed, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None On motion of Supervisor Altizer to adopt Item J-4, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara NAYS: None ABST AI N: Supervisor Flora RESOLUTION 090908-5.a EXPRESSING THE 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 September 9, 2008 667 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 CPA T; and WHERAS, Lieutenant Lewis served as a mentor to 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. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 668 September 9, 2008 IN RE: 1. General Fund UnaDDroDriated Balance 2. CaDital Reserves 3. Reserve for Board Continaencv 4. Telecommunications Tax ComDarison ReDort 5. Statement of the Treasurer's Accountability Der Investment and Portfolio Policv as of Auaust 31. 2008 REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: He advised that he was requesting that Chief Lavinder review the traffic situation on Summerdean Avenue in North County and that Supervisor Flora was welcome to make a request for attention in the Windsor Hills District when necessary. He reported that citizens are using that street as a cut- through, and it is causing traffic problems. Supervisor Flora advised that he thought the problem may be on Ardmore Drive. Supervisor Moore: (1) She expressed appreciation from the Clearbrook community to Fuzzy Minnix and everyone who was instrumental in having the fence constructed at Clearbrook School. She advised that the fence is beautiful and adds to the character of the school. (2) She advised that Mr. Mahoney sent out information to the Board on the proposed American Electric Power (AEP) route for the power lines. She thanked AEP for choosing this route because it is the route that least affects the homeowners. She advised that she would still like to see the lines put underground and would like to get a consensus of the Board members to direct Mr. Mahoney to submit September 9, 2008 669 comments to the SCC opposing the above-ground lines. IN RE: CLOSED MEETING At 4:20 p.m., Supervisor Flora moved to go into closed meeting following the work sessions 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; The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: WORK SESSIONS ~ Work session for presentation of Center in the Sauare renovation proiect. (Dr. James C. Sears. President and General Manaaer. Center in the Sauare) The work session was held from 4:30 p.m. until 4:55 p.m. Mike Warner, Vice-Chairman, Western Virginia Foundation for the Arts and Sciences Board of Directors, advised that the following persons were present: Dr. Jim Sears, President and General Manager, Center in the Square; Dr. Ed Murphy, President and CEO, Carilion Health System; Jim Wade, Executive Vice-President, Advance Auto; Laurence Levy, Regional President, Wachovia; and John Harlow, Fundraiser for Center in the Square. 670 September 9, 2008 Dr. Sears gave a PowerPoint presentation on the comprehensive $25 million renovation project that Center in the Square is preparing to undertake. He advised that this project is more than a building program and provides an opportunity to improve the area's economy, enrich the education of children, and enhance the quality of life for citizens. Dr. Murphy requested that Roanoke County continue their support of Center in the Square and consider pledging funds in the amount of $1 million over a five-year period for the renovation project. He advised that they are requesting funding of $2.5 million over a five-year period from Roanoke City. 2. Work session with representatives from the Greenway Commission to discuss the status of areenways and trails. fundina issues. and the Interaovernmental Aareement. (Pete Haislip. Director. Parks. Recreation and Tourism: Janet Scheid. Greenway Planner) The work session was held from 4:55 p.m. until 5:20 p.m. The following County staff was present: Pete Haislip, Director, Parks, Recreation and Tourism; Janet Scheid, Greenway Planner; and Lon Williams, Landscape Architect. Bob Blankenship was present from the Greenway Commission. Ms. Scheid gave a PowerPoint presentation to update the Board on the status of greenway and trail projects in the County, including funding issues, and the Roanoke River Greenway. Mr. Haislip and Mr. Williams provided additional comments September 9, 2008 671 to clarify information given during the presentation. Ms. Scheid advised that proposed changes to the Intergovernmental Agreement will be brought to the Board within the next few weeks. Supervisor McNamara requested that the websites for the Greenway Commission and County be updated to reflect the most current information and maps. IN RE: CLOSED MEETING The closed meeting was held from 5:30 p.m. until 6:21 p.m. IN RE: CERTIFICATION RESOLUTION R-090908-6 At 6:21 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 090908-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. 672 September 9, 2008 On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: ABSENCE Supervisor Altizer left the meeting at 6:22 p.m. IN RE: WORK SESSIONS (CONTINUED) 3. Work session on the Solid Waste Ordinance. (Anne Marie Green. Director. General Services) This work session was held from 6:30 p.m. until 6:45 p.m. and includes the next work session regarding trash collection. The following County staff was present: Anne Marie Green, Director, General Services; Nancy Duval, Solid Waste Manager; and Paul Mahoney, County Attorney. Ms. Green advised that this work session and the following work session was being combined since proposed changes in the ordinance would address the trash collection concerns expressed by Supervisor Moore. Supervisor Moore advised that she had received complaints about the failure of some persons to remove their trash containers from Indian Grave Road after their trash had been collected. Ms. Green advised that staff is proposing to delete the specific zoning districts applying to removing trash cans from the public right of way and add the specific distance of 10 feet that the container must be pulled away from the street. Mr. Mahoney advised that the issue of enforcement has to be considered and that the failure to remove trash cans is a safety issue for people driving on the road. The Board September 9, 2008 673 agreed that they did not want to criminalize enforcement; however, the safety issue needed to be considered. Ms. Green advised that staff has been successful when dealing with previous complaints concerning citizens not removing trash containers by sending letters to all of the citizens who live on that street to remind them that there is an ordinance that requires the cans to be removed by 7:00 p.m. the day after trash has been picked up. Ms. Green reviewed the additional changes recommended by staff as follows: (1) Expand the service to the citizens by picking up small amounts of building material at homes. (2) Add provisions that material in the container must be bagged. (3) Charge all County residents for a second container. (4) Require the homeowner to purchase a new container when the loss is due to burning. (5) Increase the size of the brush which can be picked up and include small tree stumps within the pick up service. It was the consensus of the Board for Ms. Green to move forward at the next Board meeting with the first reading of an ordinance to amend the Solid Waste Ordinance. 4. Work session to discuss trash collection. (Reauested.Q.y SUDervisor Moore and Dresented .Q.y Paul Mahoney. County Attorney) This work session was held at the same time that the work session on the Solid Waste Ordinance was held from 6:30 p.m. until 6:45 p.m. The following County 674 September 9, 2008 staff was present: Anne Marie Green, Director, General Services; Nancy Duval, Solid Waste Manager; and Paul Mahoney, County Attorney. 5. Work session to discuss the County's Noise ordinance. (Reauested !ri SUDervisor Moore and Dresented !ri Paul Mahoney. County Attorney) The work session was held from 6:45 p.m. until 7:05 p.m. The following County staff was present: Paul Mahoney, County Attorney; and Ray Lavinder, Chief of Police. Mr. Mahoney advised that Supervisor Moore has requested discussion by the Board for possible changes to the noise ordinance. He advised that this request arises from a citizen complaint as a result of loud music on Starlight Lane that is within the time limits allowed under the County's noise ordinance. He advised that the citizens on Starlight Lane submitted a petition and requested that the County consider adopting an amendment to the Noise Ordinance similar to Roanoke City's ordinance. Mr. Mahoney advised that Roanoke City Code provides that a nOise disturbance is created when any kind of amplifying use such as radios, televisions, and similar devices between the hours of 8 a.m. and 10 p.m. permit sounds to be heard on residential property more than fifty feet from the boundary line of its source. He advised that some jurisdictions have moved away from this approach and have established specific standards for noise based on decibel counts. The use of decibel readers to determine noise disturbances and the decibel counts for different levels of sounds were September 9, 2008 675 discussed. Chief Lavinder advised that the County does not own any decibel readers, and he estimated that the readers cost approximately $400. Mr. Mahoney advised that staff and the Police Department are receiving more noise complaints especially in the suburban areas of the County due to economic changes, work cycles, and conflicts in neighborhoods. He advised that having adopted ordinances regarding solid waste, noise, animal control, and leash laws create an expectation by citizens that the County has the ability to solve these problems; however, enforcement of these ordinances has proven to be very difficult for staff and the Police Department. Mr. Mahoney was requested to bring back information regarding how other localities handle noise disturbances, the use of digital decibel readers, and what different decibel levels mean in real terms of noise. 6. Work session to refresh the Board's understandina of "leash" laws in the County. (Reauested ~ Supervisor Flora and presented ~ Paul Mahoney. County Attorney) The work session was held from 7:05 p.m. until 7:20 p.m. The following County staff was present: Paul Mahoney, County Attorney; Ray Lavinder, Chief of Police; and Eric Orange, Community Policing Coordinator. Mr. Mahoney advised that the County does not have a law that requires dogs to be kept on a leash; however, the County does prohibit allowing your dog to run at large which is defined as dogs running off the property of its owner and not under the 676 September 9, 2008 owner's immediate control. He advised that State enabling legislation provides that in order to have a leash law prohibition, a referendum of the citizens must be held. Mr. Mahoney reviewed the penalties for violations of the animal ordinance. Mr. Mahoney advised that another issue that staff has heard about is that some citizens are complaining that owners are not picking up after their animals, and he stated that this is a violation which is defined as animal nuisance. He advised that in order for an Animal Control Officer to enforce the provisions of the animal control ordinance, the offense or violation has to occur in the presence of the officer. Chief Lavinder and Officer Orange commented on the difficulties of enforcing the ordinance. Supervisor Flora thanked Mr. Mahoney for his report on this subject. It was suggested that staff include barking dogs in the noise ordinance and digital decibel readers could be used to determine if there is a violation. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 7:20 p.m. with Supervisor Altizer absent. Submitted by: Approved by: ~$ito~t-- Deputy Clerk to the Board ~~~,t c--u ~ Richard C. Flora Chairman