Loading...
HomeMy WebLinkAbout3/9/2010 - Regular~aoaN~ o~~F r~ ~° 1838 i~ ~J a1 Roanoke County Board of Supervisors Agenda March 9, 2070 Good afternoon and welcome to our meeting for March 9, 2010. Regular meetings are held on the second and 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 for 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. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Pastor Adrian Dowell Shiloh Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Timothy C. Beard, Planner II, upon his retirement after more than 32 years of service 2. Recognition of the Roanoke County Fire and Rescue Department for receiving three Governor's Awards for Excellence in Fire Services (Richard E. Burch, Jr., Chief of Fire and Rescue} Page 1 of 5 3. Accreditation for Emergency Communications Center and Re-Accreditation for Police Department by the Commission on Accreditation For Law Enforcement Agencies (CALEA) (Ray Lavinder, Chief of Police; Bill Greeves, Director of Communications and Information Technology) D. BRIEFINGS 1. Annual report from the Foundation for Roanoke Valley (Alan Ronk, Executive Director) 2. Briefing on Roanoke River Greenway -Green Hill Park to Mill Lane (Janet Scheid, Greenway Planner) 3. Annual report from the Roanoke Regional Partnership (Beth Doughty, Executive Director) E. PUBLIC HEARINGS 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2009-2010 budget in accordance with Section 15.2-2507, Code of Virginia. (Brent Robertson, Director of Management and Budget) F. NEW BUSINESS 1. Request to accept and appropriate funds in the amount of $1,929,155.90 from the Virginia Department of Transportation (VDOT) Revenue Sharing Funds to construct the Merriman Road roundabout as a locally administered project (George W. Simpson, County Engineer) 2. Resolution petitioning the Circuit Court of Roanoke County for a Writ of Election to fill the vacancy in the Constitutional Office of the Sheriff (Paul M. Mahoney, County Attorney) 3. Request to approve and appropriate funds in the amount of $31,220 for the purchase of electronic pollbooks (Judith Stokes, County Registrar) Page 2 of 5 G. FIRST READING OF ORDINANCES 1. Ordinance authorizing the granting of a temporary construction easement to the City of Roanoke through property owned by the Roanoke County Board of Supervisors at Vinyard Park (Tax Map Nos. 061.05-02-01.00-0000 and 060.12-09-01.00-0000} for the replacement of the Berkley Road Bridge, Structure No. 8015, over Glade Creek in Northeast Roanoke, Vinton Magisterial District (Lon Williams, Landscape Architect/Park Planner; Pete Haislip, Director of Parks, Recreation and Tourism} 2. Ordinance authorizing conveyance of a 20' water line easement and a 10' temporary construction easement to the Western Virginia Water Authority (WVWA) through Tracts 1A (Tax Map #061.05-02-02) & 2A (Tax Map #061.05-02-01) of Vinyard Park, Vinton Magisterial District with a request to waive policy for the granting of easements across County property and authorization to enter into negotiations on a Memorandum of Agreement with WVWA (Paul M. Mahoney, County Attorney; Janet Scheid, Greenway Planner) H. SECOND READING OF ORDINANCES 1. Ordinance authorizing an intergovernmental agreement with the City of Roanoke, City of Salem and the Town of Vinton to create the Roanoke Area Criminal Justice Information Network (RACJIN) (Paul M. Mahoney, County Attorney; Terrell Holbrook, Assistant Chief of Police) I. APPOINTMENTS 1. Parks, Recreation and Tourism (appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -October 13, 2009; November 5, 2009; December 23, 2009 2. Accept and appropriate $317,251 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for fiscal year 2009-2010 Page 3 of 5 3. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $7,500 from the Virginia Department of Health Grant WV-C02/12-09 4. Resolution accepting the employees of the Roanoke County Sheriff's office into the pay and classification plan and the personnel system of the County of Roanoke 5. Confirmation of appointments to the Parks, Recreation and Tourism Advisory Commission and the Roanoke Valley-Alleghany Regional Commission - Metropolitan Planning Organization 6. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Dale C. Oakey, Senior Appraiser, Real Estate Division, upon his retirement after more than thirteen years of service K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of February 28, 2010 0. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. Richard C. Flora 3. Eddie "Ed" Elswick 4. Charlotte A. Moore 5. Joseph B. "Butch" Church Page 4 of 5 P. WORK SESSIONS (Training Room - 4t" floor) 1. Work session to discuss amendments to Roanoke County's noise ordinance (Paul Mahoney, County Attorney) 2. Work session to discuss fiscal year 2010-2011 budget development (Brent Robertson, Director of Management and Budget) 3. Work session to discuss future use of Bent Mountain Elementary School (B. Clayton Goodman III, County Administrator) Q. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2.3711.A.1, personnel, namely discussion concerning appointments to the Roanoke Valley Greenway Commission R. CERTIFICATION RESOLUTION S. ADJOURNMENT TO THURSDAY, MARCH 11, 2010 AT 5:00 P.M. FOR A JOINT MEETING WITH THE ROANOKE COUNTY SCHOOL BOARD, SCHOOL ADMINISTRATION BUILDING, 5937 COVE ROAD, ROANOKE, VIRGINIA Page 5 of 5 ACTION N0. ITEM NO. ~ - I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY; APPROVED BY: March 9, 2010 Resolution expressing the appreciation of the Board of Supervisors of Roanoke Countyto Timothy C. Beard, Planner II, upon his retirement after more than 32 years of service Deborah C. Jacks Deputy Clerk to the Board B. Clayton Goodman I I I ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS; SUMMARY OF INFORMATION; Timothy C. Beard, Planner I I, retired on February 1, 2010, after thirty-two years of service to Roanoke County. He will attend the meeting to accept a resolution of appreciation. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2010 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO TIMOTHY C. BEARD, PLANNER II, UPON HIS RETIREMENT AFTER THIRTY-TWO YEARS OF SERVICE WHEREAS, Timothy C. Beard was first employed by Roanoke County on January 9, 1978, as an Engineering Aide in the Engineering Division of the Department of Public Works, asa Planning Technician in 1983 inthe Planning, Zoning and Grants Divisionofthe Department of Development, as an Associate Planner in 1985 in the Department of Development, asa Plannerin 1994 inthe Departmentof Planning andZoning, andthenas a Planner II in 2004 in the Departmentof Community Development; and WHEREAS, Mr. Beard retired from Roanoke County on February 1, 2010, after thirty-two years of service; and WHEREAS, fir. Beard has been instrumental in the development of numerous long- range and design-related planning documents including, but not limited to, the 1985 Comprehensive Development Plan, the 1992 Roanoke County Zoningordinance, the 1998 Community Plan, the 2005 Community Plan, the 419 Frontage Development Plan, the Colonial Avenue Corridor Study, the Design Guidelines for Rural Village Centers, the Roanoke County Statistical Abstract, the fount Pleasant Community Plan, the Route 220 Corridor Study, the Hollins Area Plan, the Route 221 Area Plan and the Glenvar Community Plan, in the course ofwhich he attended numerouscommunitymeetings held in all corners of Roanoke County; and Page 1 of 3 WHEREAS, Mr. Beard also served as Secretary of the Board of Zoning Appeals for Roanoke Countystarting in 1994 and continuing formorethan eleven years until theend of 2005, where he provided the Board with excellent leadership, knowledgeand service; and, WHEREAS, Mr. Beard represented Roanoke County through the Rural Technical Committee and through the Transportation Technical Committee of the Roanoke Valley Area Metropolitan Planning Organization where he assisted in the creation of numerous transportation plans and studies, most recently the Route 419 Corridor Study; and WHEREAS, Mr. Beard was responsible for the Gateway Beautification Program since its inception, drawing attention to Roanoke Countyentranceswith gatewaysigns and colorful landscaping; and WHEREAS, Mr. Beard has skillfully guided dozens of land use cases through the Roanoke County legislative process and assisted on many others; and WHEREAS, Mr. Beard established productive and lasting relationships with numerous civic groups, most notably the Colonial Avenue Alliance, the Catawba Valley Ruritan Club and the Back Creek Civic League; and WHEREAS, fir. Beard set a solid foundation for today's planning with carefully hand-drawn Land Use, Slope and Floodplain maps, as well as numerous drafting, engineering and planning maps; and WHEREAS, Mr. Beard has spent innumerable hours patientlyassisting hundredsof citizens and staff with zoning, land use and other miscellaneous questions; and WHEREAS, throughout his tenure with Roanoke County, Mr. Beard has displayed the highest standards of integrity, honor and character and has, with compassion, consistently improved the quality of life for his fellow employees and citizens. Page2of3 NOVU, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to TIMOTHY C. BEARD for thirty-two years of professional, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page3of3 ~~~e F~~c~~ ~~n ~i n~ es~u ~pertrr~ r~~~d h~ee ~~ ~~-vern+' ~~~~~ ~~ ~l~~~~~ i '~rir~e dire Services rr~c~ the enir~ ere~~ h "' 1 ~irgir~i `ire ~i~~ ~~~ei~i~~a~~ ~!~~~-~I~r~~ ~~ ~ ~-r~r~ i ~'r~~~ ~~ r~ T"~~ year, ~'i ~ Fee ~~eei~ed ~~ ileri~ ~ever~~°~ ~r~r~ Eeeller~ee i `iri~ia'~ ~"~i~ `ire ~..i S~a~`~ty: Bir ~lir~er~eel~ Ali ~du~i+~n Brian methodically put together a team. called the Roanoke County Partners Advancing Senior Safety (RoCo PASS}.The group is made of the Police, Fire and Rescue, Social Services and Emergency Communications Center (ECC) departments all working together to share information about at-risk seniors in our community. The group takes a hands-on approach to working with seniors to educate them on a personal level and then following up with them to see how they are doing. 2. Excellence in Virginia's Fire Service Management: The Roanoke Valley Fire- Emergency Medical Service (EMS) Hiring Process The Roanoke regional firefighter/emergency medical technician (EMT) hiring process combines the resources of Roanoke County and the cities of Roanoke and Salem to conducta regional Candidate PhysicalAbilitiesTest (CPAT} and a Regional Fire-EMS Recruit Academy in conjunction with establishing a jointtimelineforthe hiring process to follow. This cooperative effort reduces duplication for the applicant and assists the departments with the use of combined resources. 3. Outstanding Fire Department Response: Roanoke County Fire and Rescue Department and Fort Lewis Volunteer Fire Company On December 18, 2009, a snow storm dumped more than 16 inches of snow on the Roanoke Valley. By the early morning hours of December 19, the Roanoke County Fire and Rescue Department was receiving multiple calls for help from stranded motorists on Interstate 81 from the 132 mile marker in Roanoke County up to the 128 mile marker at the Montgomery County line. Crews battled the snow to reach the Interstate and then hiked nearly eight miles up and down the Interstate to make contact with hundreds of stranded motorists. Over the next twelve hours, more than 63 stranded motorists were rescued and brought to the Fort Lewis Fire and Rescue Station. Once there, they were given food, water, a wool blanket and a make shift bed. Medical evaluations were provided as needed and an ambulance was dedicated to the guests incase of a medical emergency. Roanoke County Fire and Rescue commanded the successful rescue and collaborated with the Virginia State Police, Roanoke County Police, Glenvar Middle School, Western Virginia Regional Jail and Richfield Retirement Center. Additionally, Fire and Rescue is celebrating with Roanoke County Fire and Rescue Department retired Battalion Chief Tommy Fuqua, who received the Governor's Award for Excellence in Fire Services Training. Page 2 of 2 ~'~o~~ ": R~u- Levind!e~ ~h~ie~o ~ol~e i1 ~reee ~ireo~or ~onrnnioetion~ end nfoneon ~"eonoloy B. Clayton Goodman III County Administrator ~o I~I~T To'~- ~o~~ML~T~~ ~~I~~' LO~r~Tlo~ ~"~~ oenoe ~o~~ant ~~ne~en~ ~ornrn%oeion~ ente ~~~ ecentl~- joined ire elide c~o~ of ~ p~ulio ~~~ oo ~~~mn~ou~on oene~~ ~~ ~e United fee ~ht here ~oess~ull yet lie ;~~ ~~~~A~ ~c~~edition tnd,~d~~ ~eci~i~ fie ~u~iio oonrnition~ ene~. ~~e o~oke Co~n~ E be~erne onlt~e ~~~~ ~li+~fe iii er~~e~ iin ~"i~ini~ o be coredi~ed ~-~-~ dditionuliy~, t~e~ ~o~~noke ~o~~nt° olie ~ertn~ent loo re+~entl nde~enfi i~ ~~ ~e~-redit~tion ~~oe~, on~~e e~eiin ire-~u~lii~n i~ oo~~nn~~iu~~ent to e~oeile~n~e. Tie P~olioe ~e~a~trnent reoeied ~w "~e~itorio~ e-~redi~tion~~' Th~i~ i a ~ni~e de~ine~ion rued' to only a der eenoie~ t~et fee lied ~r~~~ f f+~ e~a~~+~iti~~ i~ ~i~~~ d ~ut~r~dg ~~ir~e ~i~ III ~,~~. Ad~nini~e~ed'~r ~,L~, the eooredi~tion ~o~r~n~ req~u~i~e ~gen~es to olywith tee o the eat ~tnd~rd in oar k~~i ~ree~ olio end roed~e~~, ~dn~~ini~~io~n, openions end ort ~e-ie. 'eioi~wwt~~~on in ~e ~A~L~ ~ooes i~ ~roiunt~d, gut in~p~ortant, er~i~e it ~ue~ fide ~~e ~ o ~~ ~atra~. ~4~ ~~~~~I~ !IP1~"~'I"' ~'~t~C~l"11~~ ~ ~+~ ~~~ ~~1~~~'1G I ~~"~'1~1" ~ ~~ ~/+~~~. ~+ ~~~ ~ ~u~~~~ rid i~iu~~iu~ ~a~r~~ditti~r~~ ~~ ~~~ ~'lui~~ ~~tr~ ~ ~~~~~ ~g~~~ ~~rc~d. T~i~ ~~r~iti~r~ i~ ~ r~l~ °~r ~~ y~r~ ~f r~r ~it~~ ~~ i~ ~~~ r~ ~~~~ Ind ~ ~~r~%id ~ ~ ~rl~ar~~ f ~ ~i~ ~~~~ ~Q~tpliar~ ~i the ruin sfir~'~, TIC ~~r~~'~~~ r~~~ i ~~ ~+~ ~r;, ~~~~ h~i~'~ ~~r~i~~ ~ ~~~r~i ~~~~~~I r~~~ tti~ ~tr~u~ ~l~n+~ with h~~ ~r~~r~ ~~w+r r~~ t~~ ~r~ a~~it;ll ~~~ '~~ ~ ~ ~ ITEM NO. ~' I -T ~~~J~. I~~TI~I +~" THE C~ I= ~P"EF~"1~~3R~ ~' ~N+~ ~~JT, `LEI I N~I~C T TNT ~~ ~-~JNT ~~I~JI~T~TI~I ~~T ~T~ ~~nt~~l ~~epar~ ~o~ ~~ ~~r~~~-r~ fir ~~u ~"u~le~ ~lar~ Cif ~. J~~ ~~~ ~~r~~~t~~~ ~I~TY A-~1VII~"TRAT"~~ ~MII~ET~: ~F~ ~ I1F~I'IrT~'i "I~i~ ire ~~ ~~~ ~ ~~i~ ~Iirw ~~r~, ~~~~i ~i~~~~, ~~~~~ r ~~ar~e ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2010 AGENDA ITEM: Briefing on Roanoke River Greenway-Green Hill ParktoMill Lane SUBMITTED BY: Janet Scheid Greenway Planner APPROVED BY: B. Clayton Goodman III .. ~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This briefing will providethe Board of Supervisorswith astatus reportofthe Roanoke River Greenway project and specifically focus on the section from Green Hill Parkin Roanoke County to Mill Lane in the City of Salem. With the recent news that the Greenway Commission has allocated $3.5 million dollars to this project, from a Virginia Department of Transportation grant, staff is preparing to move forward with preliminary planning and engineering efforts. We will come back in the near future for your approval of receipt of the $3.5 million grant. The Roanoke River Greenway has always been considered the backbone of the Roanoke Valley greenway system. In the 2007 Roanoke Valley Conceptual Greenway Plan, amended by the Board in October of 2007, the Roanoke River Greenway was identified as the region's number one priority in greenway development. This thirty-mile bicyclelpedestrian path will be the major west-east greenway, making it possible to travel from western Roanoke County nearSpring Hollow Reservoirthroughthe Cityof Salem to the City of Roanoke, Town of Vinton, Blue Ridge Parkway and Explore Park. The greenway will provide linkages to neighborhoods, industrial and business complexes, public parks and schools and to Montgomery and Franklin counties. Connections to streets with bike lanes and to Masons Creek, Murray Run, Mill Mountain, Lick Run, Tinker Creek and Wolf Creek greenways will permit travel north and south from the Roanoke River greenway. Page 1 of 2 Currently, 5.8 miles of Roanoke River greenway in the City of Roanoke are complete. In addition, 6.25 miles are under development. Connection to the City of Salem should be complete by 2012 and connection through the Wastewater Treatment Plant and across the Roanoke River to Tinker Creek Greenway should be complete by 2011. The City of Salem has 1.7 miles of the Roanoke River Greenway complete and expects to have an additional three miles complete by 2012. Roanoke County in 2008 opened up a 0.8 mile section of the Roanoke RiverGreenway in Green Hill Park. We have $184,000 in Transportation Enhance Assistance for the 21St century (TEA-21 }funds committed to the Roanoke River Greenway -Eastern Section from the Wastewater Treatment Plant through Explore Park to the Franklin County line. This past December we applied for an additional $624,000 for this project. As you can see, this 1.5-mile link between Green Hill Park in western Roanoke County and Mill Lane in Salem is critical. With the completion of this section of trail, we will have a continuous 20 mile greenway between western Roanoke County, through the Cities of Salem and Roanoke, to the Wastewater Treatment Plant. This could be a reality in two to four years. FISCAL IMPACT: None at this time. The $3.5 million dollar grant requires no match and staff will come back for Board approval of the receipt of these funds in the near future. ALTERNATIVES: Alternative 1: Direct staff to move forward with the Roanoke River Greenway -Green Hill Park to Mill Lane section. Alternative 2: Direct staff to not move forward with the Roanoke River Greenway -Green Hill Park to Mill Lane section. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 ACTION N0. ,~" ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2010 AGENDA ITEM: Annual report from the Roanoke Regional Partnership (Beth Doughty, Executive Director) SUBMITTED BY: Deborah C. Jacks Deputy Clerk to the Board of Supervisors APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for Beth Doughty, Executive Director, Roanoke Regional Partnership to provide the partnership's annual report to the Board. ~ - ~ ~ r.. r. ..~ ~, r, r. .~ ~, .~., .~ ~ ~ N ~~ ~ ~ ~ ~ ~~ ~~ ~ ~~ ~~~, ~~ E ~~~~ ~i~ i 1~~.~~~'~~~ ~~. F~~ ~:~~"~ ~~.~~~~~ ~ ~~1C~~~~ ~~~~~ ~~~ M~~~~~~~~~~N~~~~~..~ ~~~ ~~}~~ ~~ ~it~ ~ '~ k,_'~ s ~ r ~~ ~~ ~~~ ~~ r M ~~~ ~~ ~~y~~i ~~~~~~~~ ~~~~~w~~~~N~. r. a a. r t, r. r r. r .a ~, F ~ ~_ ~ w i h i ~ F v~ ~)~ ~ o c ~- .L T X ~ ~, W V ~ O Q ~ V ~ ~ ~ ~ (~6 ~ ~ ~ 3 ~ ~ ~ _ ~ Q = (Q C~~i ~ ~ C ~- ~ L Z ~ (Q e ~ ~ ~ c~ ~ U U CO ~ ~ ~ ~ v ~ ~ ~ ~ (n i ~ ~ Q C a~ c a~ U c .Q 0 0 U C O U c 0 ca c L^' W ~~ ,r;< "~ ~.. ~~ ~~~~~~ m ~+ III ~,,m r ~"- ;m, ~ ~~ ~ ,~,, yk ,fit / , d;, , >\ ,: f a ~i ~"' ~µ r ~, r. ~~ ~(' r ~~ ,"~ ~. ~ ~ } ~r ~ r ~~~* ~ ,l, ~, ~ ;III ~ ~ ~~ r;. 1; ~ 1, ~ r .y r r I~ ~~r w» { '"".wF ^ipi ~., I M ''jA'I.-' ~ { .. M i ~ / I t V t ~ ~h.. ~ ~ t'r x I~ by,~ N• f ~ ~ ~ ~* d N {~,N 1 +~ F ~ ^~' III ~ II ~ ~ a~y r M. I ~~ .,'. ~~ ~ " ~~,., l//~~ a ~~ ~ ~ f ~'. l ~ y ~.~ ~~• .. ~ j ; ~ • ' l y. r~ III ~~ ~ ~~' ~ ~ a uc C -~' iih V~ t II `~ ~. w ? ~ II• ~ I ~ ~ `\ x-.r7 ~ '~ f~ d + ~ w ~ d ~t ,gym '..,, M illl ~ i / r ~ d~ VIII d } ~ M, II I VIM n " i ' ~ tll I II~' III ~ } 41~~\ , w •' ~ ` ~ t % M ~ ~I cif 4 I y ~ ~ r '' II ~, ~, o ~i ~ ~, Yv it ~ ~~ f u ~. ~„ i '~ I~ ~ ~ ~~ ., ii ~+^ ' r w ~~ m n .~ ~,, u w ~, -•1 { Ij ~ ~' ;~' v rru ,~ is M p ~..,,,~ ~ ~ 6„~' i x~ I !' ~ ~ „~ s ~ ~ I r 'w•„ I ~~U ~, II a /~ r ~~ I ~' NIII ,~ q r ~ r. v, i „~ ~;; ~~ Mf T, a ne aS r ~ r .~ . ~ ~ ~ ~a i, L, .r IrAy , !I ~ ur uvn~~ f • u41i~ ~~~ ~ I ~~ ~ I, ~ i ~ # ~;I III ~ •~ ' ~ ,.~. jl , ,. r u ul~ 1 ~~~ :a n ~ ~ d^ / Old`' @x g , a yl"'1 ~~' ~~ ~ ~ ~. ~ ~~ ~~ -~_ ~ ~ - ,~l } IF ~ ~~1Yw~Y; ~ ~ t i A I~ I~'~y ~~ ~~ I! ~ ~ ~ ~` .r i 4 r• ~! r i 1- r I""""""d ,~„ ~ ,~, . o ~~ ~ ~~ ~ ~ '~ ~ ~; ~~ ~ ~ ~~ ~ ~;, ~, t~ ", f"~ ~n.../ t` E'"""' e~ w W~r, ~ ,. n ~a~~ '~,M.,A.. a-,... ~, ~~ ~._ '~ ~ ~ ~,~ 1' ~1 I ~ a ~Fr~.-! 1h ,I ~~~ i ~~. '`,u 1 i ,.i.r. r. ..m.. ~.. ., !' M, ~~,~ 1 ~' I IS IIIIIIIIIII uuuuuuuw"""""""' uua~~~~,,,,~„„,.... nww~wwwww~nnnw~~~~ww~w~~w~nn N I r iii~~ iii Illlllw """"' luuuuuu~~ i *~ f w Ills ~~~~~~~~~~ ~ ~ i U,~ i i ,' I'; 1111111 ~ ~ "'~ I~,, V I~~~ .. ~. u u UJ ,, ~ it ~. u f ~. Ira ~, I I~ ~~ d. d", i. ~.Y' II I~, i si, r; ;, I p„ I o ... ~~ ~' ~o Ip. ~% I e-- I F s ~. ~~~~~~~ I ~7~ ~Q y- ..,. ~ , ~. li I~ r ~, ., is w ,. I lulmllllllll~i~iu~l IJI~///////9~' ,~iqu Illlllllllllllllllluum~llllllll ~~~ . ,~ „~~II uuul uuuuu ~~ I Illllllllluu i i I I I IIIIIIIIIIIIII ., I ~, 111111 IIIIIIIIIII~~~~~~~~~I I ' ~~IIIIIIIIIIIIIIIIII ..... ~-_ IIIIIIIIIIIIIIIIIIII° ~~~~~~~~~~~~ I, ~~~~ , , '~'~~~ .. . ~~~~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .. ~,~ ,~ y~ r~ u ;. ,,; i, ~ ~;.,, ;~ ,. ~?„ ,~'"' ' ~- 'gin ~~ a III „' I~ i ,~l 1' 0 Iii; p III ICI ~~ I. . It' /,r4' g f' ~ <+ ~ ~ ~~ A ~' if - ~, r u ~++ ~'~ '~ ~F t 4 ~ , y; ~~}~L x`u ~; ~il~', ~1" 1 ~ ~~~; `x } ,~' ; 0 Ili~i"~ ~M~~t, ~. _... .- ~~ qlp ~ +r i a1 > ~.ayM1Af~Y,`.., .,..' ,.,~~ r yF4~< III ,r. I "its' ,, i. H ~~,o III II'~, .,. . i II ~~ ..~/Fy~ Ii1.k ~1i~~ ,~, ~~{Ni~Y ~ .t t . ~ ! ' ~~, ~+~ J 4~ +~ ~r~J r I ' i i ~~#".~°ti ~7k1F.J ~ k~~~~r~~i SNP' ! ~,!'~i`4.~~'r is r~} ~ !' '~~ ~ t ~~~ r~F f I~ '' ~~~. ~' IIII. i I a' /~ N ,l. ~~ " ~ r ~-~ .. ~~ ,, i ~ !~ r u "~1 ~f _. IIII / ,~ u, uu IIV I , ^. y ~ ~~, "~ i „ ` ~~~.. ss "~,~ ~ ~ ~ i ~ m ~ '~ ~ ro ' ~i~.: N i ~. ~.' ~ r, ~ ~~ i ~% l= ~; R,2. ~` ;i + ~~ V~ ~ '. f, } i ~ r ~~iini ullllllllui Y. I ~ ' ' A `~' ~' ~ i ~~ 'i~ J': . k ~: , i Ili }) a 1+ ~' !i ~' i . ;. Y~~.. p ~,< ` ; i r~ kf # ~iY t } i^ w 1 I e ~~ 2 , ~ ,,~ ~ r~,.. Y i ~ ~ x, ; ;~i- a f y,,~--.. 'I rj I I~ ~ 1 M T~ ~NUUU~ , a~ ~~ ~,, ~:~ ~. ~. ~'~ ~ I ~-I 11~ ~, I } ~~ ITS L I I~I I-' yl it i L.' ail 1~~^ r ...1 ICI ^ i~ 1 1~1 Z .C ~ ~ ~~ ~ i' ,~~ ~ ~ ~, ?; ~1 ~_ '~ .~ 1 *~ ~.~~ i_ "~ ~.TI i ~~~ o ~ r ~ ~ ~~ wti' ~ i+ iJ d. ~~~ f"': u~. M °~'' ~j ~ :: ~ ,~ ti _ ,~ rrl i .~...~ Y.:; . A ~ ~~ ~,.. i~,~ ~, ~ ,~ ~; ~ ~ ~~ ~- ~ ~ ~ t~ '~ ,~- '~ f ~ 1~ ~ ~} ~ ~n +,~.~~ '~ ~~ ~ ~ - +^ ~~ ~ i~; i~,t ~.' ~~ _.~ iii „~~~~ ~~~~~ ~, i, ,'~~ .~~.~, ', ~ ~i'~ ` '~ Vii." ~~ w°'r r ~~ '~~ ~; ~~, ii"; 1, 11 'µ ~.~I .__ ._ ~~ ~ ~! ni,'° . //,~ ` aim, "' II b ~ ~:' i~ 1.. ~ ~ti d J ~~~ i ~~ i,~a i],l .. i r~i i;r ..j l~J ~,4q^r! ~S~I )kF~ .`` 1. ~,.,5 +y ~ III ~ ~ I,~i~ ~,.. i~'` II;~,~.~. ~. _ ii,i i~~ ~, ' ~ } P v i r r~ 'i. i _2 , , ~._ ~ a i '~_ i "~ ~ n .. V.,k tt~ ~~~ ~. ~~ f ~~ ` g '~ ~~ I ~ ,,~', r~,' a, "" ,. ~, ':,~ i ~, ~u~~,, /~ ~m I(' (~ F ~ a ~ At ..+ ~ .. l~M 4,.~" ' ~d l ~ „~ ~~ ~i .i l., f r._i `,~ ~„ ~~ ~mm~~) !'~"' U.~ ~1 Zv I~I~~r; Yr , v.^^ ~ ?, // 147 , . ~,. . ~ I '° 1 IIII 1 I II I 1 u m 1 duu/uuu~' 1~1 ul 1 ~ 1~ 1 I 111 u i '~,d +"'- rr. . u ; (, ,; j?p'~ c ~ ~P ~, ,,.. ~ Pe orb t 1 ~r ~ ,.. ~„ I V u. ,. it ' u u. n 1,; 1 1 . 1 111 1 11,, uuu VVIVIII~ 1 uI1 I ~~,. ~~..:, ,,, 1 ~ 11. ~~ 4 1 lu,.,,,,., IIIIII III .ul u VIII 11 uPt I lili IV ;I'~I°~~'~'!!~I"IIII~IIIIIIIIIII ~ ~~~~~~~~~~~P~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I 1111~~~~~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~ Iw~u ~ r 1 c I~ ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELDATTHE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2010 AGENDA ITEM: Public hearingtoreceive citizen comments regarding proposed amendments to the fiscal year 2009-2010 budget in accordance with Section 15.2-2507, Code of Virginia SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the fiscal year 2009-2010 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 percent of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment(s). This notice was published on March 2, 2010. 1. Request to accept and appropriate funds in the amount of $1,929,155.90 from the Virginia Departmentof Transportation (VDOT) Revenue Sharing Fundsto construct the Merriman Road roundabout as a locally administered project (George W. Simpson, County Engineer) 2. Request to approve and appropriate funds in the amount of $31,220 for the purchase of electronic pollbooks (Judith Stokes, County Registrar; Rebecca Owens, Director of Finance Page 1 of 2 ~. ~-eep~t are arer~ate ~~1 ~,~~1 ~rerr~ the eartr~er~t ~~ ~uv~erti~e J~~ti~e fir the 'irr~ia ,er~ile e~~~ ~rre ~entrl .et ~~~~~ rr~t ~~ f~~a~ year ~~~- . Feq~e~t r-rr~ the Fire a~ ~e~~ue ~e~rtr~er~t +~ ~eee~t r~~ ap~r+a~rit+~ grant fin in the anent ~,,~! fr~n~ the ~'ir~in ~eartr~ent ~ Health grant ~1~ ~~~1 ~~+ F'I,~~~L Il~~~~" There is n Deal irna~t ~~ re~lt +~ the ~~ie hearing. ~e~aet~ ~-r the a~p~rep-ratien gill eeur later en this arena. It i reear~en~d~ that the dear held the re~~uired Ali hearing. ~ear~d aetien ap~~re~riatin n~~ a~ reie in this r~etie~ gill eee~r later a~rin this rneetin. ~en~uetin~ the li hearir~~ fees net ~,arantee the re~e~te~ apprepriatin~ gill be a~reve~ ~aeh recue~t ~i11 he re~tie~e r~iiall ~ the heard of ~~p-erier. Pale e ~~n~r ~-n~n~+ hunt mini~rr ~"k~~r~ i~ ~rr~nl v~l~l ~~~~~,~~~. in ~un~~n ~~v~~n~~ ~~~in~ ~n~s ~~ I~ ~n ~II~~ r `tT ~~ fi~i~ ~rvj~c~ n~ ~'nt~~ u~ ~~~~~ un ~~ ur~~~rnent. ~'~ ~ ~~r~iatin ~~r~ n +~uin~l ~~nc~~n ~~~~ t~ ~~~n~. r~~~i~n~ ~+~~e~~n ~ rev~n ~~rn funds ~~~~ ~.~ ~rr~nl~r ~~~de 1" end rir~n thorn ~ +~r~n~a~ ~,und-b~u ~rj~~ ACTION N0. 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: March 9, 2010 Resolution petitioning the Circuit Court of Roanoke County for a Writ of Election to fill the vacancy in the Constitutional Office of the Sheriff Paul M. Mahoney County Attorney SUMMARY OF INFORMATION: This resolution petitions the Circuit Court of Roanoke Countyto issue a Writ of Election to fill thevacancy in the Constitutional Office of the Sheriffdue to the retirement of Gerald S. Holt. Sec. 24.2-228.1 of the Code of Virginia provides that a vacancy in any elected constitutional office shall be filled by a special election. The governing body of the county or city in which the vacancy occurs shall, within fifteen days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy. This special election shall be held "promptly" and it may be held on the same day as the November general election day. It cannot be held within sixty days of a general or primary election, nor can it be held on the same day as a primary election. The next ensuing general election for this office is scheduled for November 2, 2010. It is recommended that the Board consider petitioning the court to schedule this special election to fill this vacancy to coincide with the next general election for this office: November 2, 2010. The highest ranking deputy officer orfull-time assistant attorney shall be vested with all the powers, shall perform all the duties, shall be entitled to all of the privileges and protections of this office, until the voters fill the vacancy by election and the person so elected has qualified and taken the oath of office. Mike Winston was the chief deputy, and he was sworn in as Sheriff on February 22, 2010. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of this resolution. ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, LARCH 9, 2010 RESOLUTION PETITIONING THE CIRCUIT COURT OF ROANOKE COUNTY FOR A WRIT OF ELECTION TO FILL THE VACANCY IN THE CONSTITUTIONAL OFFICE OF THE SHERIFF WHEREAS, Section 24.2-228.1 of the Code of Virginia, 1950, as amended, provides that a vacancy in any elected constitutional office shall be filled by a special election; and WHEREAS, Gerald S. Holt has submitted his resignation from the office of the Sheriff for Roanoke County, effective March 1, 2010; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board of Supervisors of Roanoke County proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the constitutional office of the Sheriff; and WHEREAS, Section 24.2-682 of the Code of Virginia, 1950, as amended, provides that a special election to fill the office of any constitutional ofi~ice shall be held promptly; and WHEREAS, the Board hereby finds that due to the costs of a special election, and that since the next general election for this office is scheduled for November 2, 2010, it would be just and proper to schedule this special election for November 2, 2010. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to Page 1 of 2 order an election on November 2, 2010, on the filling of the vacancy in the constitutional ofi~ice of the Sheriff. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Secretary of the Electoral Board of Roanoke County, Virginia, shall publish a notice of such election in a newspaper of general circulation in the County once at least ten days priorto such election. 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. Page 2 of 2 ACTION N0. -•3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2010 AGENDA ITEM: Request to approve and appropriate funds in the amount of $31,220 for the purchase of electronic pollbooks SUBMITTED BY: Judith Stokes General Registrar APPROVED BY: B. Clayton Goodman III .. ~~' County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: For the past two years, the State Board of Elections (SBE} has been moving towards requiring the use of electronic pollbooks (EPBs} statewide and eliminating paper pollbooks. In the governor's proposed 2010-2012 State Budget, it is the intention of the General Assembly that all local precincts, other than central absentee precincts established under § 24.2-712, Code of Virginia will use EPBs for elections held beginning in November 2010. Any locality using paper pollbooks for elections held beginning in November 2010,shall be responsible for entering voting credit as provided in § 24.2-668. Additionally, any locality using paper pollbooks for elections held after November, 2010 may be required to reimburse the State Board of Elections for State costs associated with providing paper pollbooks. The State Board of Elections indicated Roanoke County's cost for November 2008 pollbooks was $1,400. This does not include the cost of entering voting credit. If voter credit must be entered manually, it would take approximately one minute per voter. If Roanoke County had voter turnout of 50 percent, 32,500 voters would receive voting credit, taking one staff member approximately thirteen weeks to complete the task at an estimated cost of $7,500. Additional staffing would have to be brought in to perform the job of applying voter credit. With the use of EPBs, voter credit would be applied electronically by downloading data from the pollbooks and sending it to SBE for application of the credit. Page 1 of 2 ~~ ilk ~~ ~~~ ~~ ~~ ~~~iz ri ~~ ;r~r~ '+ ~ ~~! ~~ ~~ ~ ~ ~r+~l~ ~ ~~~~ t~i~ ~~, Illy it ~~ p-url~, ~~~ r~ ~ril'~I hw~ rir~r ~~~itl urn ~~ ~h~~ ~ ~~ ~i ~~~r~~. ~~° ~ ~~~~~~ ~ ~i~~~ ~ ~~p~ria~ ~"' ~ , h~ sir p~~tl f~* ~~ually ~ t~ ~~`iti~~ -I~k~~k ~~ ~~~ ~" " ter ~~dit~ ~~~ ~ar~r~' ~r+r~ir ,"~ ~r~ ~ rig ~~il fi~unc~ ~ ~~~ ~~ ~~'~. ~~ ITEM NO. ~ ~ / ~T~~ "I~~~~il~ ~~L~ -~" ~"H~ ~~~ ~ ~[~MINI~T~TIQ- ~~ T'~ ,~!~ ~. il~i~ ~~t~ H~i~li i~t~-~ +~~ ~'r~ ~re~ii~r~ ~ ~'~~i~~s ANT I1~~~"~4TC'~ 3~IM~h~T P As shown on the temporary construction easement plat prepared by AECOM, the temporary construction easement would contain 0.370 acre on the north side of Berkley Road (Tax Map No. 061.05-02-01.00-0000) and 0.459 acre on the south side of Berkley Road (Tax Map No. 060.12-09-01.00-0000). The land within the temporary construction easement would remain under the ownership of Roanoke County, as the temporary construction easement would be the only construction access onto County-owned property during the duration of the Berkley Road Bridge Replacement Project. Staff has met with City of Roanoke personnel on site and has determined the granting of the temporary construction easement will have a minimal amount of impact on County- owned property during the duration of the project. During the site meeting, staff noted there was currently no provision for safe pedestrian travel across the existing bridge. Staff requested that the City consider adding pedestrian access across the new bridge to facilitate the safer movement of park users between the two portions of Vinyard Park that are separated by Berkley Road. The City responded to this request by including in the final bridge design afive-foot wide sidewalk with railing that will meet all pedestrian and vehicular requirements. FISCAL IMPACT: No funding from Roanoke County will be required for this request. In lieu of requesting monetary remuneration from the City of Roanoke for the granting of the temporary construction easement, staff recommends that the inclusion of the five-foot wide sidewalk with railing in the final bridge design suffice for payment forthe granting of the temporary construction easement. ALTERNATIVES: 1. Authorize the granting of a temporary construction easement to the City of Roanoke for the purpose of obtaining temporary access to County property within Vinyard Park during the replacement of the Berkley Road Bridge over Glade Creek. In lieu of requesting monetary remuneration for the granting of the temporary construction easement, staff recommends that the inclusion of the five-foot wide sidewalk with railing in the final bridge design suffice for payment for the granting of the temporary construction easement. With this authorization, the City of Roanoke shall comply with the following stipulations: (1) all project construction onCounty-owned property at Vinyard Park will be coordinated with and approved bythe Departmentof Parks, Recreation and Tourism prior to the commencement of construction on County- owned property and (2) all adverse impacts to County-owned property at Vinyard Park will be corrected to pre-existing or better conditions to the satisfaction of the Department of Parks, Recreation and Tourism at the expense of the City of Roanoke. 2. Decline to authorize the requested temporary construction easement request. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends Alternative 1: authorize the granting of a temporary construction easement to the City of Roanoke for the purpose of obtaining temporary access to County property within Vinyard Park during the replacement of the Berkley Road Bridge over Glade Creek. In lieu of requesting monetary remuneration for the granting of the temporary construction easement, staff recommends thatthe inclusion of the five-footwide sidewalk with railing in the final bridge design suffice for payment for the granting of the temporary construction easement. With this authorization, the City of Roanoke shall complywith the following stipulations: (1) all project construction onCounty-owned property at Vinyard Park will be coordinated with and approved by the Department of Parks, Recreation and Tourism prior to the commencement ofconstruction onCounty-owned property and ~2}all adverse impacts toCounty-owned property at Vinyard Park will becorrected topre-existing or better conditions to the satisfaction of the Department of Parks, Recreation and Tourism at the expense of the City of Roanoke. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 9, 2010 ORDINANCE AUTHORIZING THE GRANTING OF A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF ROANOKE THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT VINYARD PARK TAX MAP NOS. 061.05-02-01.00 AND 060.12-09-01.00 FOR THE REPLACEMENT OF THE BERKLEY ROAD BRIDGE, STRUCTURE N0. 8015, OVER GLADE CREEK IN NORTHEAST ROANOKE, VINTON MAGISTERIAL DISTRICT WHEREAS, the City of Roanoke, Virginia (City) requires a temporary construction easement for obtainingcemporary access to Roanoke County propertywithin Vinyard Park in connection with the replacement of the Berkley Road Bridge over Glade Creek, all as shown on the plat entitled "PLAT SHOWING TEMPORARY EASEMENT TO BE DEDICATED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS -CITY OF ROANOKE, VIRGINIA" (Exhibit A}, dated February 17, 2010; and WHEREAS, granting this temporary construction easement will have a minimal impact upon County-owned property during the course of this construction projectand will result in safer pedestrian travel across the new bridge between portions of Vinyard Park currently separated by Berkley Road; and WHEREAS, the proposed replacement of the Berkley Road Bridge will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, theacquisition and dispositionof real estatecan beauthorized onlybyordinance. A first reading of this ordinance was held on March 9, 2010, and a second reading was held on March 23, 2010. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be temporarily surplus, and is hereby made available for other public uses by conveyance to the City of Roanoke for a temporary construction easement. Page 1 of 2 3. That donation to the City of Roanoke of a temporary construction easement for the replacement of the Berkley Road Bridge, as shown on Exhibit A attached hereto, with a new bridge structure which will also provide fora 5' wide sidewalk with railings is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page2of2 '' ~o~~-cis ~~~~ ~~o~a 91Q~Z ~iN~~~sn '3~dONb'~~ fl'dt7~3 hl~~d ~, t £ t ~0~3'd I ~ s ~. I4 '; ~ ,; a~ 1'! -~ ...~, ~. ~' / ~~ ~ ~ ~~€ I ~, V . ~ t^~} . ~ • ~~ . © S"~ ~. € ~ L ~, ~. . ~ ~._ _. ~._. .__ .~_ _ _ y ~ ~ ~ .L.I W z ~gg' b ~ O . . ~~\ ~ .~ € I ~ I ". ... ~ IEc i~i • ~ ~ 1 ~. ~~ . . 1 ~ 1 ~ . °g ~~ ~ V p9~. ~~ ! I I Q q ~~I ~ ~ ~ ~ i ~ . ~ ]~ ~ ! ~--' I ~ I qg ~. . . . ~ f ~ i {l~'...': ~ ~~-~ ~ ~ ~.~ ~ ~~ ~~ ~ ~ ~~ ~ ~ ~..~~ ~ ~~~~~~~ I r-- gl ~ i~.~.~ ~.~~ ~ ~ ~~> _ ~-_, ~ t.'.'.' .'.' .' . ~... ~ ~ .~. ~. ___. '. ~. .. ,~ ..~ ~ ti ~~.....~~.~.......~1 ~~~o 0~~~ ~ 1 .. ~ .. ~~~~~ ~~ W~ ~~~~~~~ JI~Z `Ll f~~r~ga~ 'na~saup~M :?i~J 101d !"d ~~~~~~8 DIOZ `L~ (~o~~qa~ '/ppsauPa~ ~~iNOd~ 1ST' 0!-~~~-lG - ~ IS~i`v' n (' Ira -i., za dr't (=-n /~2- ^ni ~n \ t i\, '.iP~l~, ~~~, .i~dl~ ~.~r1s~ n_ ~~~~ ~,~!'d;V \v~~.n\~~ivv ,~v~.~~vU~ \~~a~_'~,S_.i_• V~:i, t~ jd~V~~,~~ iWff.i'rC Z rn~ ~ ~'~ ~ N w0 ~N w Z w D wWtY ~ vi O 7Fd W w a ~~ ~ c~izm m ~ = F D NU ; ~z ¢ f4 w ~~ z?z ~~ N Z~ pa9 o m W Z aw ~r o z Wo ~ m O m O~ ? a~ ~ m ~ ~ O F O W Z o ~~ OmNN~ ~ ¢ ~ Jm w mZw ~ m m~ p z Z d ~ ~~ Fo?~ ~~s c o O K~~ 2or ~ ~ Q~ ZO Wtiz s a 4 ~m ro z a zO ¢ m0 a 7 w ¢ WO =J z ~ 7 Q ~ ~r o4W iZ ~ ~d~ a~zw ~ff_ F~F q a w~ ~z~? Wp ~ w dz~ Z Ua o ~~ ^ a a ~ Y ~ w e~ ~a ~ ~~ ~o W w K p ~s~no so-~N ~~ N ~ N,r~g- a O m 0 N rr~ or# ~w z N v x'~ w oar wf? ~w i~ ~ Z [ 7~ z x.. z j~ w~ ~ ~ wz xm z ~ D \ ~ ~y~421 ~ ¢WN ¢ ~s ~c ~~ N rn ~a ~ 44 ~ W Or wmT¢ O~~ x Zdln mod}~~ p ~ U yOg ova ¢ pm x O d OO a U w 2~ IN ~ ~~ JOB ZZw pF0 w ~ O 7 Y KZ apx~ ~ N m ~ ~ z 4= ~6 ~u IIII N } ~ Q N a to Z~ N gv w ~ ~ ~ d m 4J N I~ o? ~~ z z w a 0 ~ J w a4~pIU mti ~ m NdW w ZW# w ~ ~ g oowiF ww ~ O ¢ J ai Z UX ~0~ m w W w~~~ OOa ~ ww sx~w 3[[2 w 6 z ~ ~2 r~ i- aU ~ w a ~~ J ~ ¢ ~ WN~~ w V~Nt` O w p Za ° I zaZo a0 pQ ~ F ~7 p~ O N U V w ~° W ¢Wa 4x ~ qq2~ y ~_aW mzNJXO 41~ N Nd J~x~wr ~> m d NN ~ ~x w ¢ mtn ~ ~ W~ mmTO wW~ ~ fD~ OJrH ~~Z a ~ O ~ ~ ~W~ ZzUz ~qC ~~ U w~ r ~p W N W w ~ a ~O w°oNZpw O ¢z z~ ° ¢ Z N Va r ~ z ZUZ cnZ4~~~ o~ a m J QI~ w ~ w ~o aN°N ~°EY ~z~ w~ N ~ m w p W J W d {~{~~N~aoQ~a 4gygm,LL~N a a ~z o~ ~ ; w~ FO O ~ J~ tX ~ ?~~" ~c°~oaw's• ~° 0 m ZFO rJ ~O~ W? ~ ' z UWI K 9 w F~ UK~WVI w~a d ~ Q ~rp~m ~ffZ Z Z w N~~ Z t-F z my uwi 4N z F D N y O ¢ _ Wpa OW pUNOOn~ Z~ Ud J a 7~ ~~ k U 6 ¢ tJ "UF 3WrONZ WQ N o ~w ~NZ~jwU ~4m1 W w~ r (] L7 N ~UdNa ~w0 w- z~ 00 E7rZ}wa xOV d w aU Nu,p~ 2W Z N° O ~J d ' W ~ C~ ~ C7 4 JO Z O 1 p N d. d zk~~VZp VW4N ~ZC7~ w N W ~ Zq a O a~ Gp] O O U n W ] F N Wa ,.i 7m wma`DwD ~~ m Z Ha~ 0.dN¢U~ ~ m ~ ~ n ~U ¢¢2 ZU14~ fl0 z araW3 a}` -' ~6 W a Np U WLL N=Wdv1 NQU7 2 ~ 0 ~ Z(}V)Z ~ 00 7~VU 3d ~ >YF O ~ q K q ~ D ~ w ~ 7NC~77N ,1 ¢ ~t i Vi V ~~ rp~ NO W z ~Ym N 6~bZ O p W N_dW ZZ~4 O O Z ~d N U ~czjO4j ~U a 0 w ~ ON qw Z~ w~d~ ~wON r ~ $ ~ ~ ~o~~ ~0~~ ~ I~ Z ~p ~ Z J U ~ Q ~ p ~ I _ "~ N ~ ~ r rri U o a z ~ 0Zy ~Z 7~ r wa O JW w N~ Uz ~d ¢ z x N ~ a Hw Wdm ~~QOQ~? `nz a W WO ~ ~ mz w J 7r/~d wa N a a NN r zz ~ ~ a Nzrd~7 ~. ~ ° ~ U Z} w v iwHa ~Z N zo ~ Ow 4p~wa x ~r ~ °~ ~ z° a~ u~a DD ~3 °s a~ onfw ~ ~ H F20 m a NZN OZIn a o o°~~ ~ w ~ p a W r ~'~ z oo O 0. U ~ Q ~ ° ~ _ o N ~ W ~ N c a a w ~ X33'0 ~o mo w a~ ~? ~~ ° a m ~ ?~~ 0~#4#~ ~ m vi~p~F tno z°g ~ 9~a z~ oo iw Z ~zz° ~ ~d ~~ o~ rcz ~W iwi ~'o~' i~w ~ oW° a Z 2 ~ U z 4 U D UY W w wla d4a a~ m m ~JJW ~ U7J p 4 J~ a~a tn j mJ VG'JC ~ alJlO l WN U~ = UU flrNO dm~ N I:a ~D as ta°1 i a c3 ~ tan Ulfi WtUil ~~ NZ W~ ~vr ~o oU ~a I iN U U U JQ ZQ~ ~V1 a`JF OVJ ml- ¢vi Vrxna a~U~o~ ~o mz y Z Wb w2 a'y W BUJ WnNZ ~> _~ o~ =~~a~ ~~rccoi WQPR ~~~d~ jJZ ~ vai~coi v .~r ~~ ~ ~C,~ ~ 'ti ~ i ~~1 ~• ,ti ti:~',` I ~~ ti ~ 1 ~ `~~`i t l~ 1 I1 I tk 1 ~1 ` l 1~~11 ti~ti • ,~~, ' t ` t I ~, ] 'I 1 ~ I r ~ , T ( 4 0 ~, ~ p a i t.~r' / r 1 Q r I / ~ (Y T ! Ny / ~ Z tr / /' \ ICI Um ~ ~ r r ~/ ~ f ~ m ~ ~ / 1' I / 1 I ` + ~ \O ~ i ~ f~^ 4 + I -, N I I I~ ~ I ~, r ~I t ~ ~; m II I 'I mM I I ~~ ~ I I 04 r I iz z~ z~ ~ Wa r ~ 1 m~ ~ ~\ / `. i 1 / 1 L ~ ~ 11 ~ / ~ ,9-,ll ~ x I ~ ,Q w .,~ ~ w I r , c~ ~ ~ z I ~ ~ Y r 1 1 ~ D r ~ I f ~ .._' f ~ ~. •~ v rtiv ~u 1 / ~ 4 r } I 1 ~ I ~, U I t ~~.~ ~ ~ I I f I I i I t ~ 1 I II ~-~ I : ~~ I ~ I i~1~1 I I I II I I , I V ~ I I ~~ ^'~ I~ ~ ~~~ I ~~~ ~ `~ ,I ~~ al I ~I~ i , I ~ I t i i `~ 1 ,I i I ~ /~ ~ ~ ~ . `r i l J ~ f..,....1. `, ~ is ~ " ,~'~ 1`~ ~ ~, ~l \ tl'~ ~`~ ~~ ~ o _il 1`{ ~ ' i ¢JQ 1 LL U 1~ Z ~ \ ~~ w ~ 0. ~ `- N 4 O w Q w ~'o~ ~ ~¢ to ~r ~ ` a ~~ w U li•, ~\ J~ y; ~/ tf ~~ ~ i ,1 \ i r~; ~ ~. ~ 1 .a-s ; f •~ • i , l r ~ , v ~ I r ~ s I ~. 1 1 ` r ~ I I ~ `~ ~\ r ~ ti ~ ~ I i 1 ~ i ~ l 1 j \ I 1 ~ ~ '` I II I ~~ ~ ~ I I t~ ~ I I ~ \ I ~ l ~ ~ ~ t I ~ ~ I ~ 1 ~ I l f ~ ~~ ~~ to r ~ ~ 06 J 'i ~ ~ g N W~ `o oa ~a ~ 's Q W: ~ ~s r ~ k! W ~Fi w ~3 o Q ~~ ~ _ II ~_ Q R ~ V \ (~ Z S ~ m Q ~ J J EC €JJ Z r'' r /ll.i lJ ws m ~ p~ ~ ° O ~ ~~uim mo U V 4 W m W Z a a ~ w ~ s ~ a a W o o a~ O a U W m _ I M m ~ N a x w I l I~ ~ ~ it aZ W (7f ~ AI N tr r 1~ w V w~ V ~ ,ly !A I V 1 ryZ ~ O w a om 4d ~N ~ J~J Y Z~ ~i~ ~ Z ~ MKG O M M e ~ s '~ X ~+ W ~ ~ W h N ~ ~ z ~ ~z ~ wa w W p ~ W ~ _ ~ o : ~~ ~ J ~ c.7 ~ ~ E a W~ I ~ W ~ w ~ ~ ~~~//~~ m I ~ z ° N ~ ~ m ~~, a Z v~ Z r O '~ I ~ ~ ~ ~~ O ~ W W w~ ~/ "" Z Z I a x ~ ~ ~ ~ w ° ~ O 9 ~ m ~ w~ w _ ~ ~ U ° ~ ~~ ~} o ~ m "~ a li - W ~ ~ o¢ 2 N zZ z w '~ 3r ~~ W J ~~ m i `J W L1J U '~ VJ rQZ \~ v ~ Q ~ LL O d; ~ Z W rn ~~ f i , ~~ '~ Q H W a, ^ ,q~ ~ '°,° \_ (~ arc a J a , o . _ a D Z Q a N ~_ 1- 4 z O U W a Q W N W ~ o W .I } 11 ~~ z- L~ J r W_ d_ W 0 z 0 c~ W rn ~ ~ ~ ~ a °x a ,~ r z z V !r O Z a ~~ .v~ .9-,~t .g-,<< „o-,s ,al n u7 I O m 0 Z 04 `a °o ~~ 5 la 0 0 ~n w ®~ o ,~ m ~~ o m~ D7~. ~~ pO ~~ ~ ~ U Oo w~ OQ r~ >Z _~ wW a i ma n N ZW ~O ~ o a ~ W m Vp~ ~ fn V \ - ~ O r ~o p I N ~ ~ ~ J " J_ d ~ I m O II "~ t m ~ p W IQ~ 4 N 2 ~ -00 w N w ~ `r l0 NO w U \ $ \ v ~ ~ I N ~ N m I ~ N M dAl - 4m ~~ i 6 \ n „Dl ,l ~~ o f s ~ ~+ a o e~ m o ~ i ~a ~S - N n I o~ o ~ dp ~ S~d N ® a O W r '~ ~ ~ a N ll G m O ~ N O U m 0 - p ~ 0. 4 ~ 0 Y m a ~ w N m C~ w 0 0 z w o •du m '° „Dl-,l 0 Z b4 op w~ ~ ;~ N W Q cp i~ N ~ 'e ~ s ~~ $~ ~A m J ~o N ~ ~~ _ ~ ~' ~ a g g S ~ ~ ~ ~ ~ 0 r u A4 N o ^b U Q J - - EL ~ a ~ _ _ II II U' ~jJ ~ ~ ~ ~ m ~ J g W ~ ! S Z Q Q n o °o °a ~ ~ m a ~ ~ d IL N y m y m ~~aWmck z w ¢ a ~ w ~ a a a s W p 0 i7 N 17 W pmt ~~ z 2w V ~' W x ~Z ~° 0 r~ 8 N m O N L LQ r ~.} rn~rn uJ f 0 0~ ~ ~Q ~~ wW a5 U~ ~ X ~] 0 ~ m~ ~~ ~ ~ ~ ~ [ ~/ w J z 0 F U Z W O NE.LI Q tL LL r a~ ~ Z W 07 ACTIGN Nn. ITEM NO. AT A REGULAR MEETING 4F THE BGARD GF SUPERVISGRS GF RGANGKE CGUNTY, VIRGINIA HELD AT THE RGAN4KE CaUNTY ADMINISTRATIGN CENTER MEETING DATE: March 9, 2010 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Ordinance authorizing conveyance of a 20' water line easement and a 10' temporary construction easement to the Western Virginia Water Authority ~WVWA} through tracts 1A Tax Map #061.05-02-02} & 2A Tax Map #061.45-02-01 } of Vinyard Park, Vinton Magisterial District with a request to waive policy for the granting of easements across County property and authorization to enter into negotiations on a Memorandum of Agreement with WVWA Paul Mahoney County Attorney Janet Scheid Greenway Planner B. Clayton Goodman III.~~ County Administrator CoUNTYADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: In 2009 the WVWA approached the Roanoke County Department of Parks, Recreation and Tourism with a request fora 20' wide waterline easement through two properties in Vinyard II, an east County park. The proposed easement is approximately 49,091 square feet or 1.13 acres. The purpose of this proposed waterline interconnect is to provide a backup water source for the Bonsack area from the Falling Creek water system. The cost of this project is estimated to be $207,000. This attached ordinance authorizes conveyance of the 20' waterline easement from Roanoke Countyto the WVWA. A 10'temporary construction easement adjoining the 20' permanent easement will also be granted to the WVWA for use during the actual period of construction of this new waterline. in December 2007, the Board of Supervisors adopted a policy for the granting of Page 1 of 2 easements across County property. Based on this policy the cost of this easement - includingadministrative, permit and plan review fees, permanent and temporary easements fees, inspection and reseeding fees -would be $224,194. There have been situations in the past with the regional greenway system, and there will be situations in the future with Roanoke County greenway projects, where the County needs easements from the WVWAforthe greenwaytrail. Therefore, staff is recommending that the County work with the Water Authority to develop a Memorandum of Agreement dealing specifically with those easements that are designed to improve the overall system as opposed to those easements that are designed to serve and/or benefit a private developer. Staff recommends that this Agreement state that Roanoke County will be able to use Authority property for greenways at no charge and the Authority will be allowed to use County park property for public utilities at no charge. The Memorandum of Agreement would need to address reasonableness and agreed upon locations so as not to adversely impact the primary use of the property and would require approval by the Roanoke County Board of Supervisors and the Board of Directors for the Authority. Realizing that developing this Agreement and obtaining the necessary approvals could take some time, staff recommends that Roanoke County waive the December 2007 easement policy and agree to donate the 20' waterline easement in Vinyard Park to the WVWA. This would allow construction of this project to begin in early spring 2010 along with the bridge replacement project on Berkley Road and avoid the cost of a temporary waterline. FISCAL IMPACT: Unknown at this time ALTERNATIVES: 1. Approve the ordinance; waive the 2007 easement policy and donate the 20' waterline easement to WVWA; authorize a temporary 10' construction easement adjoining the permanent easement and direct staff to enter into negotiations fora "no-charge" easement exchange agreement with the Authority to be brought back to the Board for approval. 2. Do not approve the ordinance. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 9, 2010 ORDINANCE AUTHORIZING CONVEYANCE OF A 20' WATER LINE EASEMENTAND A 10' TEMPORARY CONSTRUCTION EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY (WVWA) THROUGH TRACTS 1 A (TAX MAP # 061.05-02-02~ & 2A (TAX MAP # 061.05-02-01) OF VINYARD PARK, VINTON MAGISTERIAL DISTRICT WITH A REQUEST TO WAIVE POLICY FOR THE GRANTING OF EASEMENTS ACROSS COUNTY PROPERTY AND AUTHORIZATION TO ENTER INTO NEGOTIATIONS ON A MEMORANDUM OF AGREEMENT WITH WVWA WHEREAS, the Western Virginia Water Authority (WVWA} requires a permanent waterline easement and a temporary construction easement for construction of a new waterline interconnector through Vinyard Park to provide backup water service to the Bonsack area of Roanoke County from the Falling Creek water system, all as shown on the plat entitled "EASEMENT PLAT FOR WESTERN VIRGINIA WATER AUTHORITY SHOWING THE CREATION OF A NEW 20' WATERLINE EASEMENT & A NEW 10' TEMPORARY CONSTRUCTION EASEMENT THROUGH TRACTS 1A & 2A, VINYARD PARK, SITUATE OFF BERKLEY RD, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA," (Exhibit A}, prepared by Parker Design Group, dated November 2, 2009, and revised March 1, 2010; and WHEREAS, the Roanoke County Board of Supervisors adopted a policy for the granting of easements across county property in December, 2007, which established a permanent easement fee of $2.00 per square foot and additional administrative and inspections fees; and WHEREAS, the enforcement of the County's established permanent easement fee for the easement acreage requested by the WVWA necessary for this project would increase the estimated project cost to WVWA by more than fifty percent (50%); and WHEREAS, it is in the long-term interest of the citizens of Roanoke County to waive the county's previously established easement fee so as not to delay this waterline extension project of the WVWA; and WHEREAS, past experience and future expectations are that the County and the WVWA will continue to need easements on the property of the other party for greenway Page 1 of 3 extensions, among other projects and forwaterand sewer line extensions or relocations. Therefore, it will be in the mutual interest of both the County and the WVWA to develop a Memorandum of Agreement to mutually benefit the citizens of Roanoke County without the need to exchange the payment of funds between these governmental entities in the normal course of their operations; and WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, theacquisition and dispositionof real estatecan beauthorized onlybyordinance. A first reading of this ordinance was held on March 9, 2010, and a second reading was held on March 23, 2010. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available forother public uses by conveyance to the Western Virginia Water Authority (WVWA) for the provision of improving water service to the Bonsack area of the county by construction of an interconnection with the Falling Creek water system. 3. That donation to WVWA of an 20' permanent waterline easement for construction of a new waterline and related improvements, and the temporary conveyance of a 10' temporary construction easement, within the easement areas designated on the above-mentioned map, attached and incorporated herein as Exhibit A, on the County's property known as Vinyard Park, Tracts 1A and 2A, to provide water service to the Bonsack area, is hereby authorized and approved and any easement fee which might be imposed under the county's permanent easement policy is hereby waived. 4. That county staff is directed to enter into good faith negotiations with WVWA for creation of a Memorandum ofAgreementorsimilardocumentto achieve a "no-charge" easement exchange of comparable properties for future approval of the Board of Supervisors. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be Page 2 of 3 necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 3 of 3 r~ Q N~°aa ~~ ~,h~~ ~ Z x m pW NN I wN ^0''of ~ ~ ~p qp y S u v p ~'~ r ~_ Q~ X W W~ I N r~ ~ .C R~ M IU ~ .'~ ti~ ~ ~ ~,. ~f~ '~J~j ~,. ~ tY U ~ ~ H m ~ ~ r ~ = O W oLA b. ~ m ~ ~` ~°~ ~~`~ 4 a~5 Q Z O O ~ ~p~~ 'wr; w~ WZ ~ OZWZ W ~ W~qQ ~ 0 ~' .y+~Y~$rJ .. h~ J~ ~~ QW J ~~~ W ~ W 4>~ ~ d ~ Z ,.,. ry ~ JZ WQNW Z (Ypj ~~ UO ~ `.;'~ R~r~GS Ktd' e~ i ~ ~ Z O 0. m O Z Q ? d fY '"' F- W i/l Z ~j O ~' ' ~W Na ~ ww ~r ~ wwza o~q ~ ~ 4. •?.,,, W °~ _ p Jff~D9~~~S r; t `Q ~.,. p~ O~ O W ~~! Z `~ Z Z~ a N ~ Ur H Z N O. G' r W h IY - •~' :R$,taL r ~ p x Z O 0- 2 to ~ 0 O a„''4, ~ O Q U~ ~' ~~ q~ ~ O Z l~y~,l.#y~Q a WO~~NUI ~Z ZONd ~- ~W~Q~J~S ~ dy ~~,a}'' ~}~.rCa~Z d5 qUN^ I•- ~ ~C W ~rq`1J ~~~''~, ~~ ~fi ` z-~=~WNQ ~~ ~WWZ ~ ? ~ ~zz~~-w~t~- ~ ~+ ~,. -~,~':' W l~ w wU~z zv, ~z q ~ U ~ oUQm z ~' Z « ~ ~~ mw Zwq W CEO ~- ~ wN~'4~W~~ 0 _ ~~~ m ~-M zz~, a,~v,o to r z, O~~~Na~ wW ~~w U W ~' ~ z 3 ~~5~~~ ~ ~ z ` ~~o~ZV,° mQ ~Oa wr* w ~ ~ o °~ qz°z ~ ~ W ~pZ © Q O gf'Gi X ~ (n ©N ~tC ~Fflq `-N ~ '~ G„ N O Uy li Uj F- O C5 w `~' ~ ~~~ ~¢z oZ ~4Cj Z ~ W /z/ ~ ~ ~ ~~ t'n~~ ~ I Z ~ 4 QWW~ILoO~~~ pip OQO 1~1 ZQ ~O ~ Z .i+ a~aWa qZ W ~Q' ~ W Qr I W O Q U O ~,.~ W y W O '9 ~ L~Vvidtis ~' O 4 a; ~- W m Q ~ N~ Z ~- ~t-wn.Ww >~4 UWgapZ ~ cc>cro~N a~t~.p,~y~r~ ~~~ ~A~~~ d- Q ~ I- I L~. (!) J Q ~ 0. Z y to N q ~ a O O ~ ~ Z ~' ~~3 Q ~ 3W~Wt-wZW3 J q QZO p `~ i~ goo .,< J~WjOnF=~jJQ W t/10'tar ~ Z &~0~s '~ O Z°-U~vr~c~z~m~ U ~-°~z r ~` x d .. J W Z r (Il W ~U N~W~~~ W d-}N~~t ~ w ~ cn.=w~ .z w ,~~za ~ll~ A J c~ ~ ~ciauaoQr~~- ~ rUJ_N ti4 ~ ~0 ( ~ I I ° wo 1 ~ I J ~ I PROPERTY OF I ( ~ z z° ~ ~ ~~0.8.~662PG.S1844 1 ( ~~ ¢ J ~ ~~ 4 050.03,01 ~08 RDANOKEECOUN)TY ' I ~O~IY ti z w `~ ~ 1 ( J 1 0;) W y I ' i ( ]ZQZ I ~ ~ ( S 4474'28" E 95921' ~ t a r~'~ ~ p ~ (296 55') w ~a ~'~~o ~ ~ 1 or~° U ~~~~ ~b©~' ~ 0~~. / `.' I ~ ~W~K tai. O ~, ~ Q, Cl I ~ I 'd` R4,1 q N 0 ~ UY J q l (II ~ fi ~ ~Q~Q I ~ O ., O ;~, ;~? ~ I- L~ m ~ N ,. III ° N~°oozq aq~a~ I ~^^, j p it ~ II ~ ~~°t~-r°v IIII ~ o~`^O~ UQf.,C~JU t~ / III ~ ~4gi,u h N ~ ~ III ~ ~~~~~ w ~'~ ~ I W ~ ~~m~~ N w IN ~~/~~ III z ~ ,(~ ~ ~ ~ ~ ~' ~ ~-~~ III y ~ ~,"~~~ o~.c°~ 2 Q 4~ n Q;'~~pRtp~ `Z ~ L1~ h~h~~~ q~ ~ ~u My ,.. +~ ry Q ~`~ 1 ~~ ~ II 11 U q ~. ~ O N ~~. ~ s r !~ ~~ w ~ I a ~o W ~o ,~~o ( ~~~ l~ z~.c~~r.m~, U ~ ~ ~- ~E" o ~~'- NUtj \ ~ 4NoC~~0~0~ ~ Ha p ~ia~aiN~ wc~ h,QO I-~Nr`mr~ U ~~ ~~ Q~ Q~~ ~II ~ H NN~O~?~~ H GG, !I ~ a~o ~~~ (~~ N Q ~ ~ ~ ~ ,.. o, ~~ ~ WIZ ~ ~ ~~-y~.. J ~wwwwww ~ o +~ toW k ...~ ~ Nd-NN~fO J 41 ~~ F. ~~~ ( I,F ~ 4h~ ~ Q O ~ ~ ~ N U~ ~~" yf..J!! ~ ~~~ IyIf ~ 4 m~~ ~ ~'zzzzzz 4 ~.. I f I' ~' c; J j ~ I: I V 1~ W~tn~hmm $' ~~, p ( ~ 22 3 '''Nd•IniO(~~ ry 4v "~ 41 ~9 -~ 111 ~~ ~~ ~~ ( ~+< I cn S 4470'20" E 54350' TOTAI ~~ _ _ ._ ~ w '~ ~~' 449.89' 93.61, rn °z w ~ ~` I `~ `~ PROPERTY OF ~ ~~ 1. ~ ~ MST ~ ~ FRANQES ~ ~IAM~NVG ~ a ~' 1,~ ~ ~ o ~ N O,B. 1760, PG 1580 o z ° ~ ~~ I .. TAX ,~ 7020104 w ~ z ~' ~ ~` w o ~ (RDANOKE CITY) - ~ ~ ¢ o lr;,1;lI~ ~ ~~ ~QC~ ~ ~Sq I I U ~; o o I I / I ~ ~ ~ ~ o ~ _ _ ._ PROPERTY OF ~ r w i j 1 ro~ ~ 1 L a~tARDS ~ w w ° I 1 $ k 1NST ,~ 050019844 ~ ~ _ ~ '~ ~ ~ Q ~ TAX ~ 7020103 w ~ r o `~ j 570.11' ~ ~, ~ ~ ~ (ROANOKE CITY) ~ ~ w p I q ~- N 407417" w 670.17' Tort •--.. C7 ~ y # ( N 4577'38" W ..777.16' ~' w ~, c+ r~ 1 I ~ 4 1 ~~ ~ ~~~ I a~ 1i- I d ~ 1 ~u°. a~,o i z~' i~ Ii~~.. 1 C~ O U J~ I~„ ~.,,, O j- ~~ o ~°~ ~ ~~~oW ~c~~qr m ~a ~ 0.0 ~~~''~~ wow an ~ "~~ f Q~`'~ zw~. W w ©~ ~ ~ ~ `~ O I~it C3 I W v v r- I ~- Prepared and Recorded By: Western Virginia Water Authority Consideration: 0.00 Dollar 601 s. Jefferson st., Suite 300 Roanoke, Virginia 24011 Return to same address noted above Tax Map No. 061.05-02-01.00-0000 & 061.05-02-02.00-0000 Exemptions claimed: Grantee is exempt from recordation taxes and fees pursuant to Section 58.1-8ll(A)(3) and (C)(5) of the Code of Virginia (1950), as amended. NOTICE TO THE CLERK: When indexing this instrument, please refer to the Western Virginia Water Authority Berkley Road Waterline Relocation project. THIS EASEMENT AGREEMENT, made this 1st day of March, 2010, by and between ROANOKE COUNTY BOARD OF SUPERVISORS, of the Commonwealth of Virginia (whether one or more, the "Grantor"); and the WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as amended ("Grantee"). WITNESSETH That for and in consideration of the sum of Zero Dollars ($0.00), paid in hand at and with the execution and delivery of this Easement Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easements, to-wit: A new twenty foot (20') RIGHT and EASEMENT and a ten foot (10') temporary construction easement, to construct, install, improve, operate, inspect, use, maintain, repair or replace a water line or lines together with related improvements including slope(s), if applicable (collectively, the "easement"), together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the Grantor, acquired by deed dated October 20, 2004, and recorded in the Clerk's Office for the Circuit Court of the County of Roanoke, Virginia, as instrument number 200419172, and designated on the Land Records as Tax Map No. 061.05-02-01.00-0000 & 061.05-02-02.00-0000 (the "Property"). The location of said easement is generally described on the exhibit attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"), and more particularly described as being centered over the constructed water line or lines. The Grantee agrees to restore and repair any actual damage to Grantor's property which maybe directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable to the condition at the time the easement was granted, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endangers or interferes with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which maybe acquired in Page 1 of 2 the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Easement Agreement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signature(s): GRANTOR: ROANOKE COUNTY BOARD OF SUPERVISORS By: Title: COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this day of 2010, by , of the Roanoke County Board of Supervisors, on behalf of said entity, Grantor. Notary Public My Commission Expires: My Registration Number is: GRANTEE: WESTERN VIRGINIA WATER AUTHORITY By: J. Greg Reed Title: Director of En in,~ eerin Se,~ ryices COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this day of 2010, by J. Greg Reed, Director of Engineering Services for the Western Virginia Water Authority, on behalf of said corporation, Grantee. Notary Public My Commission Expires: My Registration Number is: Page2of2 ~~~ ~tr~ T~r~l HIba .~ ~~~ r~~~~~t+~~ I i~ h ir~t ~ ~~r I~~~ ~+~ur~er~~ ~~i~ Iii ~c~j~ th ~~ r~ ~ ~c~~~d~~d' i~w~~~u ~h~r u~~~l~rir~ ~~~n~n~ r ~~~ ~r~~'rc~r~ ~~~~~ '~ 1 ~. This is the second reading of this ordinance. The first reading was held on February 23, 2010. FISCAL IMPACT: This project match was anticipated in the current Roanoke County Police Department budget; therefore no new funding is requested. The initial cost to establish the infrastructure and systems have been borne primarily by the grantswith some matching funds from the individual departments. The costfor Roanoke County to move forward with RACJIN is projected to be $20,000 the first year and $2,000 each year for the following four years. Computer hardware replacement in year five, and every five years thereafter, is expected to cost $7,000. A three-year warranty is expected to begin in March of 2010. Following that period, the maintenance agreement costs forthe County would be $17,400 annually. The cost sharing formula for the initial three year term is based upon the number of sworn law enforcement officers from each of the original four charter member political subdivisions (Originating Agency}. Thereafter, the parties will consider a new cost sharing formula based upon usage of the system. Roanoke County's share is 29 percent of the annual expenses. STAFF RECOMMENDATION: Staff recommends that the Board favorably consider the adoption of this ordinance; authorize the County Administrator to execute the Memorandum of Understanding and Governance Agreement on behalf of the County upon form approved by the County Attorney and approve the participation of the Police Department in the RACJIN Project. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2010 ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ROANOKE, CITY OF SALEM AND THE TOWN OF VINTON TO CREATE THE ROANOKE AREA CRIMINAL JUSTICE INFORMATION NETWORK (RACJIN) WHEREAS, Section 15.2-1300 of the Code of Virginia provides that an agreement providing for the joint exercise of any power, privilege or authority by two or more political subdivisions of this Commonwealth shall be approved by ordinance; and WHEREAS, the City of Roanoke, City of Salem, Town of Vinton and the County of Roanoke desire to cooperate in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records (the "Project"}; and WHEREAS, this Project is known as the Roanoke Area Criminal Justice Information Network (RACJIN); and WHEREAS, these political subdivisions have negotiated a Memorandum of Understanding and a Governance Agreement that establish a general framework of governance, the sharing of data and the allocation of costs between the parties, details the operation and management of this Project, and provides for other localities and governmental entities to participate; and WHEREAS, the first reading of this ordinance was held on February 23, 2010, and the second reading of this ordinance was held on March 9, 2010. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the joint exercise of powers, privileges and authority with the City of Roanoke, the City of Salem and the Town of Vinton in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records is hereby approved and authorized. The County Administrator is authorized to execute the Memorandum of Understanding and the Governance Agreement on behalf of the County implementing this Project upon form approved by the County Attorney. 2. That this ordinance shall be effective from and after the date of its adoption. Page2of2 MEMORANDUM OF UNDERSTANDING FOR THE ROANOKE AREA CRIMINAL JUSTICE INFORMATION NETWORK ("R.A.C.J.I.N.") THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is made and entered into the day of , 2010, by and among the CITY OF ROANOKE, ("City of Roanoke"), ROANOKE COUNTY, ("Roanoke County"), the CITY OF SALEM, ("City of Salem") and the TOWN OF VINTON, ("Town of Vinton"). For and in consideration of the mutual promises and obligations set forth in this Memorandum, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTTCT,F T PURPOSE The general purpose of this Memorandum is to facilitate the Participating Agencies' desire to cooperate in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records. This Memorandum is intended to establish a general framework of governance that will allow for the formalization of a Governance Agreement among the Participating Agencies regarding the sharing of cost and data among the parties of this Memorandum for the project known generally as the Roanoke Area Criminal Justice Network project (hereinafter "R.A.C.J.I.N. Project"). This Memorandum is also intended to outline the management of the R.A.C.J.I.N. Project and the ability of the Charter Members to allow participation by other localities and governmental entities. ARTTCT,F TT DEFINITIONS "Charter Member" -Charter Members shall be defined as the founding jurisdictions for the R.A.C.J.I.N. project. The original founding jurisdictions are the City of Roanoke, Roanoke County, the City of Salem and the Town of Vinton. "Executive Board" - The Executive Board shall be defined as the governing board for the R.A.C.J.I.N. Project. The Executive Board shall consist of a maximum of seven (7) members. Members of the Executive Board will include the chief executive or their designee from each of the four (4) Charter Members and up to three (3) representatives from the other Originating Agencies participating in the R.A.C.J.I.N. Project. The initial Executive Board will be comprised of the chief executive or their designee from each of the four (4) Charter Members. Only one (1) member from each Participating Agency may serve on the Executive Board at a time. For example, a representative from the police department and sheriff's office from the same locality may not serve on the Executive Board at the same time. "Governance Agreement" -The Governance Agreement shall be defined as the agreement entered into by all Originating Agencies that details the operation and management of the R.A.C.J.I.N. Project including but not limited to the maintaining and sharing of electronic data and records between Participating Agencies as well as determining the allocation of cost among those same Participating Agencies. "Host Agency" -The Host Agency shall be defined as the entity which hosts and collects the electronic data and records for the R.A.C.J.I.N. Project. The Host Agency shall also serve as the fiscal agent for the R.A.C.J.I.N. Project including any grants intended to benefit the R.A.C.J.I.N. Project. The Host Agency of the R.A.C.J.I.N. Project is the City of Roanoke. "Originating Agency" - An Originating Agency shall be defined as a governmental or law enforcement entity that provides or originates electronic data or records to the R.A.C.J.I.N. Project. Each of the four (4) Charter Members are also Originating Agencies. "Participating Agency" -Any agency that participates in or provides data to the R.A.C.J.I.N. Project. "User Agency" - A User Agency shall be defined as a governmental or law enforcement entity that accesses or utilizes electronic data or records from the R.A.C.J.I.N. Project as a view only user. ARTICLE III GOVERNANCE AGREEMENT The parties to this Memorandum agree that they will enter into a Governance Agreement that will detail the operation and management of the R.A.C.J.I.N. Project including but not limited to the maintaining and sharing of electronic data and records between Originating Agencies as well as determining the allocation of cost among those same Originating Agencies and to establish the fees to be charged to any User or Originating Agency. A draft of the initial Governance Agreement is attached to this Memorandum as an Exhibit. This Governance Agreement maybe modified by the Executive Board with the approval of the chief executive for each Participating Agency which is a party to the Governance Agreement. A R TTCT ,F, TV ORGANIZATIONAL STRUCTURE Executive Board -The Executive Board shall act to oversee the management and operation of the R.A.C.J.I.N. Project. The Executive Board shall have the following duties: A. The Executive Board may act to authorize other local governments or entities to participate in the R.A.C.J.I.N. Project as an Originating Agency. B. The Executive Board may authorize User Agencies to view data in the system as supplied by the Originating Agencies and may establish the fees for such use. C. The Executive Board shall prepare and submit a proposed annual budget to each Originating Agency prior to the first day of February of each year. D. The Executive Board shall review and approve all cost submitted by the Host Agency for reimbursement under the Cost Sharing Formula and the Governance Agreement. E. The Executive Board shall verify and allocate the shared cost for the R.A.C.J.I.N. Project in accordance with the Cost Sharing Formula set forth in this Memorandum. F. The Executive Board may remove any Originating Agency from participation in the R.A.C.J.I.N. Project for just cause and with due notice to the Originating Agency. The Executive Board shall be the sole determinant of what constitutes just cause. G. The Executive Board may remove any User Agency from the R.A.C.J.I.N. Project for any reason upon a majority vote of the Executive Board. H. The Executive Board may apply for and receive grant funds on behalf of the R.A.C.J.I.N. Project. However, prior to applying for any grant, the Executive Board shall notify each Originating Agency prior to filing the application for the grant. Additional Originating Agencies -The Executive Board may approve the inclusion of additional Originating Agencies to the R.A.C.J.I.N. Project by a majority vote. Daily Administration -The Host Agency shall be responsible for the daily administration and coordination of the sharing and use of electronic data and records under the R.A.C.J.I.N. Project in accordance with the terms of the Governance Agreement. A R TTf T ,F, V PROJECT COST AND ALLOCATION Annual Budget - Prior to the first day of February each year, the Executive Board shall prepare a projected and anticipated annual operating and maintenance budget of the R.A.C.J.I.N. Project for consideration, review, and approval of each of the respective Participating Agencies. Annual Appropriation -The anticipated annual expenses shall be appropriated annually and paid quarterly to the Host Agency in accordance with the approved budget and the Cost Sharing Formula set forth in this Memorandum. The Host Agency shall utilize these funds to coordinate and pay for the annual operating costs, maintenance and other such routine, necessary expenses to maintain and operate the R.A.C.J.I.N. Project. Cost Sharing Formula -The Cost Sharing Formula for the R.A.C.J.I.N. Project for capital contributions and the annual fee or fees to be assessed against each Participating Agency for the initial term of this Memorandum shall be determined proportionately based on the number of Sworn Officers for each Originating Agency as documented in "Crime in Virginia" compiled in the Uniform Crime Reporting Section of the Virginia State Police annual report. In the fiscal first year of this Memorandum and as among the four (4) Charter Members the initial Cost Sharing Formula and/or percentages for all capital investment and annual fees shall be allocated as follows: City of Roanoke 52% Roanoke County 29% City of Salem 14% Town of Vinton 5% The Cost Sharing Formula shall be re-evaluated after the initial term of this Memorandum to consider the implementation of a usage based Cost Sharing Formula. ARTTCT,F VT TERM AND EXTENSION OF MEMORANDUM Term. The initial term of this Memorandum shall be from Marchl, 2010 until June 30, 2012, subject to the termination rights of the parties as set forth in this Memorandum. Extension of Term. This Memorandum will be extended for an additional one (1) year term each June 30th unless a Participating Agency provides written notice to all other Originating Agencies of its intent to withdraw from participating in the R.A.C.J.I.N. Project at least ninety (90) days prior to the end of the then current term. ARTICLE VII TERMINATION Termination. Any Charter Member may voluntarily terminate its relationship with the R.A.C.J.I.N. Project and withdraw from this Memorandum for any cause, or no cause, at the end of the then current term upon ninety (90) days written notice to all other Originating Agencies of its intent to withdraw from participating in the R.A.C.J.I.N. Project. ARTICLE VIII NOTICE Notice. Any notice, request, or demand given or required to be given under this Memorandum shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To City of Roanoke: To Roanoke County: To City of Salem: To Town of Vinton: Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. ARTTCT,F, X MEETINGS Meetin s. The parties agree that the Executive Board will meet at least two (2) times per fiscal year in order to evaluate the progress of the R.A.C.J.I.N. Project and to discuss the cost allocation for the services being provided by the R.A.C.J.I.N. Project to the Originating Agencies. The Executive Board may meet such other times as it deems necessary or beneficial to the R.A.C.J.I.N. Project ARTICLE XII MISCELLANEOUS Compliance with the Law. The parties to this Memorandum agree to comply with all local, state and federal laws as the law currently exists or may exist in the future during the term of this Memorandum. Appropriation of Funds. All obligations or funding due by any participating agency or locality under this Agreement are subject to the availability of funds and the appropriation of such funds by the governing body of each participating agency. If such funds are not appropriated by the governing body of a participating agency, then such participating agency must comply with the termination provisions set forth in the Governance Agreement. Assi n.~. The provisions of this Memorandum are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. Severability. The invalidity, illegality or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver. No failure of any party to insist upon strict observance of any provision of this Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Memorandum in any instance. Governing. This Memorandum shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Entire A reement: This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum shall not be amended or modified except by written instrument signed by the parties. IN WITNESS WHEREOF the governing bodies of each locality listed below have duly authorized this Agreement to be signed on their behalf. CITY OF ROANOKE, VIRGINIA By City Manager ROANOKE COUNTY, VIRGINIA By County Administrator CITY OF SALEM, VIRGINIA By City Manager TOWN OF VINTON, VIRGINIA By Town 1Vlanager Roanoke Area Criminal Justice Information Network R.A. C.J.I.N. GOVERNANCE AGREEMENT 1.0 Purpose I.I The general purpose of this Governance Agreement ("Agreement") is to facilitate the Participating Agencies desire to cooperate in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records. This Agreement shall formalize the organization, composition and nature of the relationships among Participating Agencies. This Agreement outlines the conditions under which the Participating Agencies will share and use the information obtainable from the. R.A.C.J.I.N. Project. I.2 All Participating Agencies, as well as all individuals who operate or use the R.A.C.J.I.N. Project, agree to adhere to the guidelines specified in this Agreement and to support the public benefit derived from the electronic sharing of public safety information. 2.0 Definitions "Charter Member" -Charter Members shall be defined as the founding jurisdictions for the R.A.C.J.I.N. project. These original founding jurisdictions are The City of Roanoke, Roanoke County, the City of Salem and the Town of Vinton. "Executive Board" - The Executive Board shall be defined as the governing board for the R.A.C.J.I.N. Project. The Executive Board shall consist of a maximum of seven (7) members. Members of the Executive Board will include the chief executive or their designee from each of the four (4) Charter Members and up to three (3) representatives from the other Originating Agencies participating in the R.A.C.J.I.N. Project. The initial Executive Board will be comprised of the chief executive or their designee from each of the four (4) Charter Members. Only one (I) member from each Participating Agency may serve on the Executive Board at a time. For example, a representative from a police department and sheriff's office from the same locality may not serve on the Executive Board at the same time. "Governance Agreement" -The Governance Agreement shall be defined as the agreement entered into by all Originating Agencies that details the operation and management of the R.A.C.J.I.N. Project including but not limited to the maintaining and sharing of electronic data and records between Participating Agencies as well as determining the allocation of cost among those same Participating Agencies. "Host Agency" -The Host Agency shall be defined as the entity who hosts and collects the electronic data and records for the R.A.C.J.I.N. Project. The Host Agency shall also serve as the fiscal agent for the R.A.C.J.I.N. Project including any grants intended to Roanoke Area Criminal Justice Information Network Governance Agreement Pagelofll benefit the R.A.C.J.I.N. Project. The Host Agency of the R.A.C.J.I.N. Project is the City of Roanoke. "O~iginating Agency" - An Originating Agency shall be defined as a governmental or law enforcement entity that provides or originates electronic data or records to the R.A.C.J.I.N. Project. Each of the four (4) Charter Members are also Originating Agencies. "Participating Agency" -Any agency that participates in or provides data to the R.A.C.J.I.N. Project. "User Agency" - A User Agency shall be defined as a governmental or law enforcement entity that accesses or utilizes electronic data or records from the R.A.C.J.I.N. Project as a view only user. 3.0 Organizational Structure 3.1 The R.A.C.J.I.N. Project will be governed by an Executive Board. The Executive Board will be comprised of up to seven (7) members that will include the chief executive or their designee from each of the four (4) Charter Members and up to three (3) representatives from the other Originating Agencies participating in the R.A.C.J.I.N. Project. Only one (1) member from each participating locality may serve on the Executive Board at a time. For example, a police department and sheriff? s office from the same locality may not serve on the Executive Board at the same time. The initial Executive Board will be comprised of the chief executive or their designee from each of the Charter Members. The directorship of tle governing board shall rotate on a yearly basis between the chief executives on the Executive Board. Each representative of an agency on the Executive Board must have completed their one year term of directorship prior to the representative of any agency serving an additional year as director. Members on the Executive Board may not defer their directorship to any other agency. The Executive Board shall act by a majority vote. Tie votes on the Executive Board will be decided by the director. The Executive Board shall meet as determined necessary by the Executive Board, but at least twice annually during the months of March and September, to perform the functions and duties required by this Agreement. The times, dates and subject matter shall be fixed by the Executive Board. The Executive Board shall use Roberts Rules of Order for the proper conduct of its business. The Executive Board shall comply with all existing and applicable state laws, federal laws, rules and regulations. 3.2 The Executive Board may establish subject matter committees to ensure the continued success of the R.A.C.J.I.N. Project. These committees may include an Information Technology group, aBusiness /Policy Group and user groups such as a Crime Analysis, Patrol or Criminal Investigations. These subject matter or user committees may be authorized to develop and recommend policies, procedures and business practices to the Executive Board. Roanoke Area Criminal Justice Information Network Governance Agreement Page 2 of 11 3.3 The Executive Board may, as it deems appropriate, create policies, procedures, practices and/or rules affecting the day-to-day operations of the R.A.C.J.I.N. Project. All User Agencies, to the extent applicable to them, shall agree to follow and comply with the policies, procedures, practices and/or rules established by the Executive Board. 3.4 The Executive Board may decide to have the Host Agency apply for grants to aid in funding the R.A.C.J.I.N. Project. However, prior to applying for any grant, the Executive Board will notify each Originating Agency prior to filing the application for the grant. 4.0 Governance of the R.A.C.J.LN. Project 4.1 This Agreement is initially entered into among the Charter Members. Each Charter Member has been authorized by its respective governing body to enter into this Agreement. Charter Members agree to supply data to the R.A.C.J.I.N. Project. 4.2 The R.A.C.J.LN. Project will be governed through the Executive Board. The Executive Board may act to authorize other local governments or law enforcement agencies to participate as Originating Agencies in the providing and sharing of information to the R.A.C.J.I.N. Project. In order to be considered for adm Sion to the R.A.C.J.LN. Project as an Originating Agency, a potential local government or law enforcement agency shall submit a letter of intent to the Executive Board requesting such admission. The Executive Board shall require and determine the initial capital contribution required of any such new Originating Agency, and the annual fee to be paid by such agency for its participation in the R.A.C.J.LN. Project. The capital contribution and annual fee or fees shall be proportional and shall be determined based on the number of Sworn Officers for each Originating Agency as documented in "Crime in Virginia" compiled in the Uniform Crime Reporting Section of the Virginia State Police annual report. The Executive Board shall determine the form, term and content of any agreement to be executed by the new Originating Agency to gain access to the R.A.C.J.I.N. Project. 4.3 The Executive Board may authorize User Agencies to view data in the system as supplied by the Originating Agencies. A fee for access to the system data as a User Agency will be established by the Executive Board. In order to be considered for admission to the R.A.C.J.I.N. Project as a User Agency, a potential local government or law enforcement agency shall submit a letter of intent to the Executive Board requesting such admission. The Executive Board shall Roanoke Area Criminal Justice Information Network Governance Agreement Page 3 of 11 determine the form, term and content of any agreement to be executed by the User Agencies to gain access to view data within the R.A.C.J.I.N. Project. 4.4 Originating Agencies may be removed from participation in the R.A.C.J.I.N. Project for just cause and with due notice provided. Originating Agencies may be removed with a minimum three fourths or 75% vote of the Executive Board. Criteria for removal from participation in the R.A.C.J.I.N. Project shall include, but not be limited to the failure to uphold any financial obligation due the Kost Agency of the R.A.C.J.I.N. Project under this Agreement and any User Agency Agreement approved by the Executive Board. 4.5 User Agencies may be removed from participation in the R.A.C.J.I.N. Project by a majority vote of the Executive Board. Criteria for removal from participation in the R.A.C.J.I.N. Project shall include, but not be limited to failure to uphold all financial agreements or failure to conform to rules as established by this Governance Agreement and any User Agency Agreement approved by the Executive Board. 4.6 Any Charter 1Vlember may voluntarily terminate its relationship with the R.A.C.J.I.N. Project and withdraw from this Agreement for any cause, or no cause, at the end of the then current term of the Memorandum of Understanding upon ninety (90) days written notice to all other Originating Agencies of its intent to withdraw from participating in the R.A.C.J.I.N. Project. 4.7 Each Originating and User Agency shall appoint one agency representative who will act as the R.A.C.J.I.N. Project liaison and will facilitate coordination and com ~~ unication between the agency and any business associated with the R.A.C.J.I.N. Project. The agency representative may approve, deny or revoke individual access for its employees to the information available in the R.A.C.J.LN. Project. 4.8 Any amendments to this Agreement must be approved by a maj ority of the Executive Board prior to execution of such amendment by each Participating Agency. 5.0 Effective Date and Financial Contributions 5.1 This Agreement will become effective on 5.2 Financial contributions in support of and for access to the R.A.C.J.I.N. Project will be due in quarterly installments on August 1st, November 1st, February 1st and 1VIay lst of each year to the fiscal agent of the R.A.C.J.I.N. Project. The City of Roanoke shall serve as the Host Agency and fiscal agent for the R.A.C.J.I.N. Project. The amount of any required financial contribution will be determined by the Cost Sharing Formula set forth in the Memorandum of Understanding and this Agreement. The Cost Sharing Formula will be evaluated after the first three (3) Roanoke Area Criminal Justice Information Network Governance Agreement Page 4 of 11 years of this Agreement to consider the implementation of a useage based cost sharing formula. The Cost Sharing Formula may only be amended by a majority agreement of all Charter Members and such agreement must be consummated by amending the Memorandum of Understanding and this Agreement. However, no one user shall pay more than 52% of the cost of the R.A.C.J.I.N. Project. 5.3 All Originating Agencies and User Agencies agree to pay an annual financial contribution to the Host Agency on a quarterly basis in accordance with the Cost Sharing Formula and under the terms of this Agreement. 5.4 The initial financial contribution due from each Charter Member under the Cost Sharing Formula for all capital investment and annual fees shall be allocated as follows City of Roanoke 52% Roanoke County 29% City of Salem 14% Town of Vinton 5% Utilizing the Cost Sharing Formula set forth above, the Host Agency will bill each of the Originating Agencies for their respective share of the annual cost for the acquisition, operation and maintenance of the R.A.C.J.I.N. Project on a quarterly basis as set forth in paragraph 5.2. Such shared costs shall include, but not be limited to include, the cost to acquire the software and any hardware, the cost of software and hardware support, cost of maintenance to both the software and hardware and the administrative costs to operate and maintain the R.A.C.J.I.N. Project. A good faith estimate of the anticipated cost for the next five (5) years of operation for the R.A.C.J.I.N. Project is attached as Exhibit "A". This good faith estimate is merely a tool to assist the Originating Agencies in budgeting for the anticipated cost of the R.A.C.J.I.N. Project. The actual cost of the R.A.C.J.I.N. Project shall govern the amount billed to each Originating Agency under the Cost Sharing Formula. The estimate of 5 year projected costs is made in good faith and will be adhered to within a plus or minus of 15% for costs related to the salary and benefits of the Host Agency project manager. Although the remaining cost projections, not including project management, are made in good faith, the actual prices of these expenses shall not exceed market price at the time of need or purchase. All unforeseen costs related to the efficient operation of the R.A.C.J.I.N. Project not listed in the good faith estimate will be based on the market price of such item or service. All expenditures related to the R.A.C.J.I.N. Project shall be pre approved by the Executive Board with a majority vote. 6.0 System Architecture /Agency Responsibilities Roanoke Area Criminal Justice Information Network Governance Agreement Page 5 of l I 6.1 The R.A.C.J.I.N. Project will be configured with a centralized server housed with the Kost Agency. The server will maintain a real time copy of the data from all Originating Agencies. 7.0 Security 7.1 Originating and User Agencies agree that the law enforcement information and data available in the R.A.C.J.LN. Project shall be used for law enforcement purposes only, and that only currently employed law enforcement agency employees that have been subjected to background screening will be allowed access to the system. Background screenings must be fingerprint-based including checks of both the state and national criminal history repositories. If a felony conviction of any kind is found, access to the R.A.C.J.I.N. Project shall not be granted. 7.2 Originating and User Agencies agree to enforce and maintain security requirements for R.A.C.J.LN. Project systems and networks as specified in the Technical Requirements Section of the Federal Bureau of Investigation's Criminal Justice Information Systems Security Policy. Exceptions to the above policy shall not be implemented by any originating or Participating Agency without the approval of the Executive Board. 7.3 Violation of security agreements may be justification for removal of any Originating or User Agency from access to the system information contained in the R.A.C.J.LN. Project. 7.4 Originating and User Agencies agree to have all individuals, employed by their respective agency, who have access to the information available in the R.A.C.J.I.N. Project sign a security policy that details all responsibilities for using the RACJIN and the restrictions under which information available in the R.A.C.J.I.N. Project may be used or not used. The security policy shall be signed at the conclusion of formal training in system use and prior to the issuance of a system logon and or password. 8.0 Data Access and Data Sharing 8.1 Access to law enforcement information available in the R.A.C.J.LN. Project will be provided utilizing a secure network configuration that is mutually acceptable to the originating agencies. Originating Agencies agree to make the law enforcement information available in the R.A.C.J.L.N. Project available on a 24-hour a day, 7 days a week basis with downtime limited to those hours required for any necessary system maintenance activities. Originating Agencies agree to inform each other in advance, whenever possible, of scheduled system downtimes. 8.2 Data contributed by each Originating Agency will be shared with all Originating and User Agencies that have entered into this Agreement or such User Agency Agreement as approved by the Executive Board. The Originating and User Agencies further agree not to facilitate information sharing between law enforcement entities that have not entered into agreements approved by the Executive Board allowing such sharing or which have executed this Agreement. Roanoke Area Criminal Justice Information Network Governance Agreement Page 6 of 11 8.3 Originating Agencies may opt to limit access and not supply the relevant data of certain specific information regarding internal investigations. Should any Originating Agency withhold any record for any reason, that agency will notify the members of the Executive Board each time a decision is made to exclude data from the R.A.C.J.LN. Project. 8.4 The information available in the R.A.C.J.LN. Project may be used as proofs to acquire accreditation under the State of Virginia Law enforcement Accreditation program or the Commission on Accreditation for law Enforcement Agencies. 9.0 Information Ownership /Information Accuracy 9.1 Originating Agencies shall maintain ownership of all of their information at all times. Any requests for access to information available in the R.A.C.J.LN. Project that are not authorized under current agreements between the requestor and the owner(s) of the information will be referred to the owner(s) of the information being requested. Information shall not be made available to any unauthorized requestor without the approval of its owner or owners. Originating Agencies agree that the restriction established by this provision may not apply when responding to orders of the Court, however all subpoenas for records contained in the R.A.C.J.IN. Project shall be forwarded directly to the agency that supplied the original information. 9.2 Media inquires relating to the information available in the R.A.C.J.LN. Project shall be referred to the Originating Agency who owns the data. The Originating Agency shall be deemed to be the custodian of that record for the purposes of the Freedom of Information Act. All lawful exemptions of the Virginia Freedom of Information Act shall apply to any records maintained or shared under this Agreement. Media inquires relating to the R.A.C.J.LN. Project itself and not any specific information available in the system shall be referred to the current director of the Executive Board. Media releases concerning successful investigations as a result of the use of information available in the R.A.C.J.LN. Project are authorized if only information owned by the agency making the release is used in the release. 9.3 Originating and User Agencies agree that the law enforcement information and data available in the R.A.C.J.LN. Project consists of information that may or may not be accurate. To the extent permitted by law, each Participating Agency agrees to hold the other Participating Agencies blameless for any harm that may arise due to the inaccuracy of any information they have submitted. A disclaimer notice will be posted by the Host Agency on the R.A.C.J.LN. Project for all users to read prior to accessing any data. 9.4 Originating Agencies agree to make every reasonable effort to provide accurate data to the R.A.C.J.LN. Project. Any Originating Agency that discovers that the information it's providing to the R.A.C.J.LN. Project is inaccurate or corrupted, should notify the other Originating and User Agencies of such discovery. Originating Agencies further agree to make a reasonable effort to fix in a timely manner any inaccurate or corrupted data once such inaccuracies are discovered. 10.0 System Information /Data Management Roanoke Area Criminal Justice Information Network Governance Agreement Page 7 of 11 lo.l The benefits to public health, safety and welfare derived from the R.A.C.J.I.N. Project are dependant on the quality and comprehensiveness of the Originating Agency's data that is supplied for system use. Therefore, the Originating Agencies agree that the quality and precision of the data that is entered or available for sharing is the responsibility of each Originating Agency and each Originating Agency agrees to make all reasonable efforts to have its respective information gatherers complete their reports and other paperwork in a manner consistent with this Agreement. 10.2 Originating Agencies agree to make every reasonable effort to have information gatherers collect and provide the following information fields in an accurate manner to any agency database that provides available information to the R.A.C.J.I.N. Project: 1 All personal identifying information 2 Alias information 3 Scars, marks and tattoo information 4 Unique method of operation (MO) information 5 Vehicle information /traffic summons data 6 Address information 7 Associations and relationship information 8 Active warrant information 9 Any other information agreed to by the Executive Board 10.3 Originating Agencies agree to conform to a common means of data representation and terminology for all data that is made available to the R.A.C.J.I.N. Project. 11.0 Audits 11.1 Each Originating and User Agency system administrator must perform a system audit at least twice annually. The audit shall be completed during the month prior to the Executive Board meeting. Results of the audit shall be presented during the Executive Board meeting along with the actions of the agency in regard to any violations identified during the audit. 11.2 The twice annual audit shall examine the audit trail that is automatically created by the R.A.C.J.I.N. Project. The audit shall examine: 1 A minimum of l o% of the agencies permitted users 2 Unauthorized searches of system information 3 Searches that may not be related to official law enforcement business or reasons 4 Breaches of security Roanoke Area Criminal Justice Information Network Governance Agreement Page8of11 12.0 Miscellaneous Provisions 12.1 Nothing in this Agreement is intended to confer or does confer any rights, duties or obligations on any person other than the agencies participating in this Agreement. There shall be no third party rights as a result of acceptance of this Agreement. 12.2 Disagreements and disputes among Originating and/or User Agencies arising under or relating to this Agreement shall be resolved by consultation by and between the affected agencies or, in the event an agreement cannot be reached, through the Executive Board. Disagreements and disputes will not be referred to any court or to any other person or entity for settlement. 12.3 This Agreement maybe executed simultaneously in several counterparts, each of which shall be deemed to be an original and all of which shall constitute but one and the same instrument. 12.4 The paragraph headings and numbering in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of the terms of this Agreement. 12.5 The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. 12.6 No failure of any party to insist on strict observance of any provision of this Agreement; and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. 12.7 All obligations or funding due by any participating agency or locality under this Agreement are subject to the availability of funds and the appropriation of such funds by the governing body of each participating agency. If such funds are not appropriated by the governing body of a participating agency, then such participating agency must comply with the termination provisions set forth in this Agreement. 12.7 This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 12.8 This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument approved by a majority of the Executive Board and signed by the chief executive officer of each Originating Agency. Roanoke Area Criminal Justice Information Network Governance Agreement Page 9 of 11 (Signature Page to Follow) IN WITNESS WHEREOF the governing bodies of each locality listed below have duly authorized this Agreement to be signed on their behalf, by its chief executive officer. CITY OF ROANOKE, VIRGINIA By Darlene Burcham, City Manager ROANOKE COUNTY, VIRGINIA By County Administrator CITY OF SALEM, VIRGINIA By Roanoke Area Criminal Justice Information Network Governance Agreement Page 10 of 11 ,City Manager TOWN OF VINTON, VIRGINIA By Town Manager Roanoke Area Criminal Justice Information Network Governance Agreement Page 11 of 11 w a Q N _ W m ~ N ~ ~ W V Z 7 V a oc \° O ~ O N N `~ L 0 0~ N~ ~ ~ . O N O 0 0 N t~ ~ ~ N ~ ~ ~ N N ~ N >,~, O~ O>'X~ON ~ N A, 0 ~ L ~ ~ ~ ~ AA'' ^^`` L ~ W ~ ~ ^` ~ ~ p ~ O`~ ~ ~ ~ ~ ~ O ~ ~ ~ L ~ C~(D ~ ~-- NO , ~~- X ~~ ~,(6 C ~ 00 N ~~ C~ ~ ~ ~ Q N N C O 0 0 0 Q. ~ ~ ~ O ~~ N ~ ~ N ~ Q O ~ C N 0 Z ~ t~ C (6 ~ ._ ~ o O (6 N N U ~ ~ N . O ~~ >, ~~~ ~ ~ ~ o c N O ~ _ ~ ~ ~ oc~o~ 0 ~ c ago oo ~~~-~a~ ~ ~~~.>_ No 0 ~~oo ~~o~ c ~ cn~ ~ oNQ~ ~ o ~ o o U ~~~ ~ ~~~~ o~ ~ U ~ ~ O~,c ~ a~ U '- ~, ~ N J Q O o O O O O O o ~ ~ o 0 0 ~ ~ ~ (D N ~ ~ ~ L ~ L a--~ AA`` '~ ~ N~ U W >, ~ N ~ W U O N ~ W .~ ~ ~ O ~' L ~ ~ N O ~ O O O °ocN Q ~~U~ o0 0 ~ ~ ~ o _ c~ ~ c~oc~ ~ rn O~ a (~ ~ N O N~ N C ~ 0/ (A L N ~ b~} N U ~ N ?~ t6 N + ~ N N U L C L N~ C C N ~ W O U A L N N O~ ~ (n +~ '~ N O N 0 0 ~, N ~ U ~ N C O O) ~ ~ N ~ ~ U ~ p•- ~ O (~ ~•-+~ Q ~ ~ ~ ~~ ~ N }' ~ Q ~ W ~ O W 0 Q N ~ O ~ ~ ~ ~ U ~ O L ~ ~ ~ U ~ uJ ~ N >, O ~ ~ ~ ~ N N >, O ~ ~ ~ ~ N ~ ~ Q 0 ~ U~ 0 0 c\ ~ ~ U~ 0 0 c\ ~ O N O N O ~ O O O ~ 0 ~ O D ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ o c c~ a~c~o 0 ~ o ~ , ~~ a~c~o o 0 ~ ~ ~o~~~a o ~ hoc ~a ~~~ ~ ~ N +~ U C (6 O S O N N ~'~ L N +~ U C (6 O B O O ~~~ Q N N _ ~ Q~ ~ C ~ ~ ~~ ~ ~ V ~(n}' c~0}' ~(/~}' c~0}' (n (0 a ~ N O~ ~~~~o~ ~ N O~ ~~~~o~ 2 .o.~~o~c~ .o.~~o~c~ ~ U~ N O N ~ U~ N O N ~ Q ~ N ~ Q ~ N ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2010 AGENDA ITEM: Appointments to committees, commissions and boards SUBMITTED BY: Becky R. Meador Clerk to the Board APPROVED BY: B. Clayton Goodman III .. ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Parks, Recreation and Tourism Advisory Board (appointed by District) Supervisor Flora appointed Max Beyer to represent the Hollins Magisterial District. Mr. Beyer's term will expire June 30, 2012. Confirmation of the appointment was placed on the Consent Agenda. J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2010 RESOLUTION APPROVINGAND 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 March 9, 2010, 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 6 inclusive, as follows: 1. Approval ofminutes -October 13, 2009; November 5, 2009; December 23, 2009 2. Accept and appropriate $317,251 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for fiscal year 2009-2010 3. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $7,500 from the Virginia Department of Health Grant WV- C02/12-09 4. Resolution accepting the employees of the Roanoke County Sheriff's office into the pay and classification plan and the personnel system of the County of Roanoke 5. Confirmation of appointments to the Parks, Recreation and Tourism Advisory Commission and the Roanoke Valley-Allegheny Regional Commission - Metropolitan Planning Organization 6. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Dale C. Oakey, Senior Appraiser, Real Estate Division, upon his retirement after more than thirteen years of service ACTION N0. 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: March 9, 2010 Accept and appropriate $317,251 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for fiscal year 2009-2010 Daniel R. O'Donnell Assistant County Administrator B. Clayton Goodman III ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has participated in the VJCCCA program for a number of years. This program provides direct services, treatment programs, substance abuse services and probation activities associated with the Juvenile Court. Through the Life Skills Mentoring Program of Roanoke County Court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services. This grant saves the County local dollars as it prevents more expensive placements in the Roanoke Valley Regional Detention Center. On October28, 2008, the Board approved a resolution authorizing the participation in and conditions of the VJCCCA grant. Historically, this grant was included in the County's annual fiscal plan that is approved by the Board. For fiscal year 2009-2010, this grant was not included in the County's annual fiscal plan and now needs to be appropriated accordingly. This grant also required the County contribute $24,644 as our maintenance of effort. This amount was included in the Court Service Unit budget or 2009-2010 and no additional local dollars are required. Page 1 of 2 The County Administration recently formalized grant procedures that provide guidance to departments regarding the grant process. In accordance with the procedures, all future grant appropriation requests related to the VJCCCA grant will be handled through a board report and will not be part of the annual fiscal plan. FISCAL IMPACT: No additional local funds are required for this grant. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the VJCCCA grant from the Department of Juvenile Justice in the amount of $317,251. Page2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER fu~e~~ ror~ ~ ~~~ raid ~~~ ~~~~nr~ ~e~t '~~~~ ~~~k~~~t v~" H+ll~ ~~r~t'"'-~~~~ ~~ ~ ~urw, fir. ~~~~ ~r r~ B. Clayton Goodman III County Administrator ~~~A~ ~~IP"~fi. Tip ~~t gill uut ~ ~ ~~~ i~r~~rr~~~~~ ira ~~ul~~ ~~ ~ ~ has +dc~~ ~r ~~ r~~h c~~ 1,~~ i ~~~~r urr~~ fi~l ~rr~. T~~ ~~r~rr~ ~r~-ul ~~~ urn ~/~ tai ~h ~~ ~~ ~~~~rti+~~ ~f this ~~~~~ i~ p~r~-~~~~~~ ~~~~ut ~r~ gad, ~h~ ir~l~n~r~ta~i~n f i~ ~~~~r ~~~~ b ~~ ~ ~car~l~d' due ~ ~~d~~ ~~n~~tri~t~~ 1 oaf ^ ~ ~ ~ ... ~~ ~~~rr~~en~ h~ ~p~t~n~ r~~ rvpii+~ ~ ~rr~ ui~ rr~ t~ ~n~r~ ~~"~~~! Mm~~ ~ ~~i~~~ rid ~s~~ pw~ur~n'~ u~d~~~R Pa ITEM NO. ~ '~ t'3cn-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ~i~J!~N~~-Y F ~~~F~1~~4~'~~!N'~ ~~~~ir~ ~~~!~ t ~r~~k ~~u~ ~h~tr vies ~ ~r~~l ~~~e Thy ~~rr~~l ~~~~ i~~I~! I ~if~-tir~ ~i r service, ~ eta vIl~n~ plan, iri lar~ aid pr~ra far rslvir~~ ri~vanes r ar~pl~aya~s ~- tie Bv~a~ ~plas ~r~st~~uti~ial Biers a parr~cpate n la pa~sr~r~~l ~st+~r~ "at is~ai ~ l~~ ar and p~r~ ~-n~urra~ l~ ~r~stt~ial +~iar~~' Ire ~ h~ gar ~~~ r~sl~uir~s a~pr~~~ ~~a ~~~~~ ~a sawaral r~~lt~ui-r~al +~~ar~ ir~t ~~ ~~~~~ par~r~r~al~ ss~e ~i~uilar a%r~ '~ ~ ~up~~ ~~ ele~~i~w~ ~-~~ ~a ~e r~~iui+er~al ~ficers l~r. ~~r~cart are fir. I'a'ar~a~ll"~i~ I'r~ ~~, tl~e ~ar+~ ap~a r~,sluti~ns a+epir~~ the +er~~l~~e~es la ~~ari°~ ar~~ tea filar ~~~ fir ~~r~ ~ lea ala~i+-r~ I'r~ NI ,~ llr I'~ra. Ire ~~, la ar adp+~ ras~l~u~ir~ a~pir~~ t~~ ~r~plaa ~ ~h~a ~~r~rr~issinar th ~avaa up~-~ ~a alatir~ ~f Na~~ rr~. l~ ala~ti~n are ass~r~ptir~ ~ ~`ia ~a ~r~stituiir~al i-a~r rav~e~c~es ~~ fc~rar ~r~sitr~al ear's +daisir~ t~~ par~iu~lipa~e Ire tl~a ~u~~t prs~~r~r~~~al s~~~~ r~rir~l, a~islr~ ~~ f~ raw v~r~~sti~°~~i~n~~ul ~'i~ar pari~ipa~ ire tl~~~ persn~ual s~~ ~~ naas~a~r~ Pala Based upon Section 6.02 of the Charter and historical precedent from 1980, each new constitutional officer has been requested to indicate his or her concurrence in participating in the County's personnel system. Roanoke County Sheriff Mike Winston has indicated his willingness for his office to participate in the County personnel system. The proposed resolution accepts the employees of the Sheriff s office into the personnel system, provides for an exemption for the elected official and his chief deputy (the chief deputy is deemed to be a confidential, policy-making position}, as well as a revocation procedure and effective date. ALTERNATIVES: 1) Adopt the proposed resolution and accept the employees of the Sheriff s office into the Roanoke County personnel system. 2) Refuse to accept the employees of this constitutional officer into the Roanoke County personnel system. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the proposed Resolution. Page2of2 AT A REGULR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2010 RESOLUTION ACCEPTING THE EMPLOYEES OF THE ROANOKE COUNTY SHERIFF'S OFFICE INTO THE PAY AND CLASSIFICATION PLAN AND THE PERSONNEL SYSTEM OF THE COUNTY OF ROANOKE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the employees of the Roanoke County Sherifi~'s Office, said constitutional officer having heretofore agreed in writing that his employees be accepted into the pay and classification plan and the personnel system of the County of Roanoke as authorized in Chapter 6 of the Charter of the County of Roanoke, be and such employees hereby are accepted into the pay and classification plan and the personnel system of the County of Roanoke; and 2. That all of the terms, provisions and conditions of the pay and classification plan and the personnel system of the County of Roanoke as fully set forth in the Roanoke County Employee Handbook shall from and after the adoption hereof be applicable to each of the employees of the Sheriff's office; and 3. That the SherifiEshall be exempt from the terms, provisions and conditions of the County personnel system. The Chief Deputy of the Sheriff shall be exempt from the terms, provisions and conditions of the County personnel system relating to the application, qualification, appointment, disciplining, dismissal and grievance procedure provisions of the Roanoke County Employee Handbook. The Chief Deputy is deemed to be a confidential, policy-making position. This position shall remain subject to the express provisions of Section 15.2-1603 of the State Code; and Page 1 of 2 4. That the participation of the employees of the Sheriff's office in the County personnel system shall continue until revoked by the Sheriff, either by written notice to the Chairman of the Board of Supervisors, or by the election, qualification and assumption of office by a new individual; and 5. That the effective date of this resolution is March 1, 2010. 6. That an attested copy of this resolution be forthwith transmitted to the Sheriff of Roanoke County. Page2of2 ~~~~ . ~~e~~ ~~~ t~ ~h B. Clayton Goodman III County Administrator ate"" ~upervisar ~~ar,~ ~r~t~d ~~ ~~~ r~~~esent the H~~~~ins ~I~i~t~~l ~~~ri. N~~ ~ ~~II e~~ir~ ~~~ ~~ ~°1~. ~n~~t~n tie ppa~~nr~~ ~~~ Ie~d n ~~ ~n~en~ ,~r~. ~r~ "~II~I1~h~~ ~nl ~~ri~~ .. ~Irpw~~r~ ~Inw~ ~~~~~ t~ ~`e~~~~ ~~, ~~~, I~~ ~~~, i ~ ~ ~n~n~~ ~~ the ~~ ~~~i~n~ ~~er~i~r ~~s~vi ~s ~ Ir~t~ r ~~u~-~~ui I~r~ ~ ~~~ r~~ri~si, ACTION N0. 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: March 9, 2010 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Dale C. Oakey, Senior Appraiser, Real Estate Division upon his retirementaftermore than thirteen years of service Deborah C. Jacks Deputy Clerk to the Board B. Clayton Goodman III ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Dale C. Oakey, Senior Appraiser, Real Estate Division, retired on March 1, 2010, after more than thirteen of service to Roanoke County. He will not be attending the meeting. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2010 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DALE C. OAKEY, SENIOR APPRAISER, REAL ESTATE VALUATION UPON HIS RETIREMENT AFTER MORE THAN THIRTEEN YEARS OF SERVICE WHEREAS, Dale C. Oakeywas hired on August5,1996 as a SeniorAppraiserand WH EREAS, Mr. Oakey retired on March 1, 2010, as Senior Appraiser, from the Real Estate Valuation office after more than thirteen years of devoted, faithful and expertservice with the County; and WHEREAS, during his time as a Senior Appraiser, Mr. Oakey was a member of the Virginia Association of Assessing Officers.; and WHEREAS, during his time as Senior Appraiser, Mr. Oakey contributed greatly to this office for his customer service skills both to internal and external customers, his analytical skills within the appraisal process and his general knowledge of the real estate field. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DALE C. OAKEY for more than thirteen 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. Page 1 of 1 N-/ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Prior ~prt bl~ ~~~~t ~1,4~, u~it~ ~n~ t,~r~~ 3D, ~~~~ 1,~~5,~1 ~,~a ~~,~~~ ~~~~ ~.~~~~ ~ote~ c~rr~~r ~~ , ~4, ~ ~~~ ~ ~uperv~r~s ~~o~t~ , ~l~ tc~ ur~r~ae Ise ~r~+or~ ~ r~~p~r~-~priat~ ~I~r~o~ ~rr~e~~Nl' ~-~er ~~~rrl y~ar~. 1 two/~ ~ ~~n~rl F~r~ ~rr~~~ ~~ ,~I ~~,~ ~~-1 ~er~~ral Fred ~rnu~ 'I ~~?~, T~ r~~pr~rvat ~"n~ B~Ia~~c~ ~ t~~ ~+~ rat ~ ~rr~itl r~~ir~tir~+~~d t ~1 !,1 % ~~~ i~ riti~ t rr~~ f ~r al ~~r ~~-~ ~ T~~ ~u~tt~,~ Baal t ~r~r~+~ th~~ Ire +o~r tir~~ t 1 ~ ~~°/~. ~rt~r f "ice A~p~r~ov~e~ By B~ ~at~i ~c~~~~ I~~I aur~~ erm~~ii~~rtr is/ z COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount Audited balance at June 30, 2009 $1,932,871.20 Addition of 2008-2009 operations $1,138,786.00 July 14, 2009 Appropriate funds to compensate the City of Roanoke for the fair value (195,204.00) of the firing range and driving range Balance at March 9, 2010 $2,876,453.20 Mayor County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2009 $2,339,030.00 Balance at March 9, 2010 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III .. County Administrator $2,339,030.00 /b 3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2009-2010 Original Budget $100,000.00 May 26, 2009 Appropriation of funds for the lease of property for the temporary (15,600.00) location of the Mt. Pleasant Library June 9, 2009 Appropriation for Legislative Liaison (24,000.00) August 25, 2009 Appropriation for Interstate-81 Corridor Coalition (1,000.00) December 15, 2009 Appropriation for assessment of Appalachian Power Company negotiations (3,094.00) January 12, 2010 Appropriation to William Byrd High School Drama Club (2,500.00) Balance at March 9, 2010 $ 53,806.00 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator ~~ ~A+~TV' . IT~~11' IN~''E ,~~~~~~ ~T ~~~~ I~~T ~ T~ ~ F LIP'~I~-~ F t3~,~ C~IJIT, I~INIA~ ~. ~-T TNT CAF I~T~" ~~NI~TI-T~~V ~ENT~~. E~TI~ ~T~: Ia~c~ ~~, ~q1 ~. A~~A I~T~I~~ ~~~t~men~ vfi the Tr~a~u~~er" c~v~ntabili per Inve~n~ent and P~~f~~ P'c~~i~y" as ~ Fer~~~' 2" ~~1~!. ~~4~i IF~~T~E~IT~ ~ ~ 1 ~I~T~ ~AF~Y ~tT,A ~,+4,~' ~IIT AF~EY ~,~~,~2.~ ~UJTU~T ~EUIT~~~ ~ ~,~ ~I~TRI~T ~~~J~T~~~ ~~TR~, ~~~,~~~.'~ ~~~,'~'~ ~~~~ ~'1rI'~ 1 ~Y~~ 1 ~ 1 ~1ri/~« 1 ~~N~ ~~~~~J~ T~~'~T ~,~!',~~8. M~~~, ~TANL~` ~ J~11L ,~,~', ~N~IT~I ~~ ,~`~,~~.1 ~~''TU~T ~~U~IT~~~ ~~~~'~. ~T~f1 ~ ~ ~~r.~~ ~~~ ~M~aT~~ 1 EMIT B,~~ ',+~~!~.~ ~,4a.~~ TT~ ~ ~~ y ~~1~ ~ ~ r~ t ~~~~ ACTION NO. ITEM NO. ~~ ~ ~CG ~~~~~ ~~~ ~~N~~'~fiT"'E~ ~" ~~ ~, ~1 rir~ Paul M~. Mahoney County Attorney ~~ ~J'~r "~~~ ~!, tie ~~~ ,~ur~~~~~ ~e~ ~ ~~ es~~ ~~i ~~r~~°~ Noise in~~ ,il II, Sher ~ ~a the ~c~ke ~~ ~~~. .t hr~~ t~~, a ~~~ r~i~~r~ ~~I~r~ ~~ ~e~ p~~b~i~~~ i~ ~ ~u~n ~a ~~~ ~r~ ~+d~e ~~~ ~u~ ~i~ ee~ ~~irw~~. ~~ phis r sssir~ ~h ~~er ~ ~, ~~~~ ~~~ ~~r+~ ~~~~c~ u~r r ~~essr~, ~ ~~~i~~ it er~~~ ~ gar r~pla t~ ~i~~~rac ~~ a~rir~r~~ ~i ~i ~r re~~r~ es~ +~r~~r~~. ~'~ ~~' fir' ~i ~~ ~e~ ~c~ ~~r~ ~e~r~nt~ t ~es~ ~ judicial ~+~r~~rr~~~ ~u~ r~~~r~ t~~ ~isi~~ e~~~r+e~ s~r~ur~ ~asd u+r~ s~~ii ~r~~ii°ir~ns. Thy L~~ ~~rr~r~~r~t ttrr~~s ~r~r~ ~ r~te~ ~ ~-rr~itt~~ ~o~lp~ a r~~l r~~i~e rdir~r~~e that v~aul~ stis~ the r~~~r~s ~a Otis raised ire ~~ 'irir~ia rah disi~-n~ It has.. iss!~d ~~~ re~p~rt ~r~d rcvided ir~-~aiuahi~ r+~~rh r~ this ti. It has also ra~nr~end~d nth a deia, r~~eter-based rdinan~+ and "spi~i rhibitie~" rdir~arce as leis yr ~~sideratic~r~~ asad erg this stud, ~ar~ Ic~aliies have ar~e~ded their rdi~r~ar~s t~ ree~+~ re~erenes a ~`reasenable ~erser~" standard and h~ar~a relied u~~er~ s~ei~i~ rehibitir~s ire their ~ardir~ar~s. ~'h ~r,~s~d ama~~udn~er~ts~ ~r~tim~u~ '~~ a~prc~a~h. ~ur~r staff has re~ied thr~ bread categerias ~ni~~ ~r~lar~ts. the first in~eles ar~~lified r~usi { eth at r~i~ht ar~d during the ~a~, ache se~er~d ir~eles Heise fre~i la~ul cammerial ar~d industrial ~e~ratiens abuttr~~ residar°Mtia~ ~~~~ aid the last is rise frer~ crnrerial trash celle~ctier~~ Tha ~r+~~wsed arnend~ents are ire fear ateries ~1 irn~rirt and larif~ir~ ~rtair~ dafi~tirs, e~p-andir~ r c~larifin rtairw ecetir~s, ir~ludir~~ are e~c+~ep~tier~ f+~r ~ar~airw +~r~r~cial ar~d industrial atirrities false ~~~~~~~+ bel-~, ~~ ex~ar~dir~ ertair~ prc-hibitir~s ~~r~t it dies na~t addr+ass ~certair~ eiti~er~ ernlair~ts ab+~ut the ~lai~n f rusi+ durir~ da~rliht heurs~ and ~~~ har~i~r~ they ar~alt prvis~r~s~ Hera are ~e~eral fasters to ~+~r~sider in decidr~~ this iss~ua: tta~hed is~ draft am~endrer~t t+a the eur~t~s Noise rdir~ar~e Frith e+~rnr~er~ts ar~d exlar~atir~~ inserted v~ith each amer~dmer~t. This draft has b~eenr rw~iarad' b the P~li~~ aartrn~r~t, ~r~rnar~realth~s tterne ar~d ~~+~r~r~i~ ~e~relep~rr~e~r~t ~artr~ant. P"ae ~~v~ ~ ~~-~~~ ~~ rite di~ia~~ r~ h~-~ ~r~~ ~n ~ir~ ~~~~~ ~+~+ has ~ ~~ ~~~d r~. Sec. 13-18. Definitions. The following words and phrases, when used in this article shall have the meaning assigned to them in this section. Emergency work shall mean work made necessary to restore property, public or private, to a safe condition following a state of emergency or a local emergency as defined by the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or property from immediate exposure to danger, including work performed by the ! ~ ~ I ~" i ~~~ ,,,,,,,,,, ~i ~ ~i ~ ~ ~ ~ ~ , or by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. I ~ ~ ~ ~ I I I ~ ~ I I I II L. ~~ ~~ ~ ~~~ ~~ i s r ~~~~ I ~ I I I I Motor vehicle shall mean aself-propelled vehicle including passenger cars, trucks, truck-trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but not limited to, motor scooters, mini-bikes, all-terrain vehicles and three-wheelers} as defined in section 46.2-100 of the Code of Virginia. Noise disturbance means any sound which ~a} endangers or injures the safety or health a ~ ~ ~~ ~~ of any person; (b} ~ ~~ M IIN~ IIM~ "III II"~,, IIN'a' A" i III, III I I ~ ~ ~~ II I I I ~ ~ ~ I I II ~I ~ I ; or (c} endangers or injures personal or real property. Person shall mean any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative, agent or agency thereof. II ill, I ~~ ~~ I ili i'. ili ni ~ ~ I i ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~W~~ II I~~~~~~~~~~~~~~~~~~~~~i! I , i ~, M ~ m ~~~ ~~ ~~~ a ~~ ~~~ ~ ~~ ~~ i i ~i I I I I~ I i I i i II'.. m ' III II'.."' III m ,~ II II. ~ I III I u. III ~~~~~~~~~~~~~~~~ ~~~~~~~n~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~m~~ The recommended amendments to Section 13-18 "Definitions" are designed to correct certain references, add additional explanatory definitions, and to improve or clarify other definitions. The key change to this section is the definition of "noise disturbance". In the recent Virginia Supreme Court decision striking down the Virginia Beach noise ordinance, the Court decided that the "reasonable person" standard was unenforceable. This amendment deletes the "reasonable person" standard and substitutes "annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans" in order to comply with this judicial decision. Sec. 13-19. Exceptions from this article. The provisions of this article shall not apply to: (1} The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work; (2} Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship; (3} Sound generated from school or county sponsored athletic or recreational events„~,,, ~~~C~~~~~~~~~~I°~~~~~~~ ~~~~ ~~ ~~ i u ~~~~~~~~~N~~~ ~ ~ ~~ ~ ~ ~ ~~ i i, ' i II a i~ ~ ~ u ~ i i ~I (,,, } Sound generated by activities which are an official or approved part of any county ~r state approved or licensed ~ ..,,,,,,,,,festival or activity, provided such exemption shall ~~~~~~~~ terminate at 10:00 p.m.; )Sound enerated in commercial and industrial zonin districts " '' (~ ,,,,,,,,,,,,, g g III n ~ n i n ~ i u i in III ~~~which are necessary and incidental to the uses permitted therein; and (~ )Sound for which a waiver has been granted in accordance with section 13-23 of this article,,,N,,,,, ,~,,, ~, , II ~ i i i i ii i i t i I i I ~ I The recommended amendments to Section 13-19 "Exceptions" expand or clarify the various exceptions to the noise ordinance. The most significant and controversial recommendation is to sub-section 8 "noise generated in commercial and industrial zoning districts". The recommendation is to delete the day of the week and time limitations to reflect the changes in our economy. Many businesses are now operating 24 hours a day, 7 days a week. If the governing body has zoned property for commercial or industrial uses, then that business should be able to operate and generate sounds which are "necessary and incidental" to those legitimate business uses. The recommended amendment deletes Section 13-20 "General Prohibition" in its entirety. This recommendation is consistent with the Virginia Supreme Court's decision (referenced above). The amended noise ordinance focuses exclusively on specific acts that are determined to be noise disturbances. This approach will simplify and clarify enforcement of this ordinance. Sec. 13-21. Specific acts as noise disturbances. The following acts are declared to be noise disturbances in violation of this article. ~~ I , (1 } Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day. (2} Repairing, rebuilding or modifying any motor vehicle or other mechanical equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in a manner so as to be plainly audible ~ ~ ~~, ~~~„ii~,,,,~~„ (3} Loading or unloading trucks outdoors within one hundred (100} yards of a resides i ° ""'~~ between the hours of 10:00 p.m. and 7:00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. (} p g p g p y ~~~ ,,,,,,,,,,,,,,,, 5 0 eratin or ermittin the use or o eration of an ~ ~~ ~, ~~ instrument, ~ " ~~ ~~ ~ ; ' ~~ ~~,,~,,,,,,,,, ~ ~~ „or any other device for the production of sound, between the hours of 10:00 p.m. and 7:00 a.m. the following day, at a volume sufficient to be plainly audible ~ , through partitions common to two (2} residences within a building or plainly audible at fifty (50) feet ~ ~ „from such device (6} Using or operating a loudspeaker or other sound amplification devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. (7) Using or operating any motor vehicle without factory installed mufflers or their equivalent, on any public street or road in the county or on private property within a residential zoning district. (8} Using a radio receiving set, an audio cassette player, a compact disc player, or other device for the production of sound in a motor vehicle at a volume sufficient to be plainly audible atfifty (50) feet. ~ I ,,,,,,from such vehicle. (9) Failure to deactivate an alarm system plainly audible at fifty (50) feet .. ~ from such alarm within such reasonable time as is established by section 16-23 of this Code. ~ ~ ~~;~ _®-,,'- I `/,®e`~~r~' e ~i®~arl - _ ~~1 I ~ ~~i ~~~ -®~im~®~I®~ =. . ~~1 I ~~~I®~ =.~ i ~ '~ ®~ it . r i r r m The recommended amendments to Section 13-21 "Specific acts as noise disturbances" accomplish several purposes: (1) implementation of the Virginia Supreme Court decision, (2) application of the revised definitions (see above), and (3) elimination of a reference to property boundaries, and clarification of distance limitations in order to simplify enforcement. The most significant and controversial recommendation is not to amend sub-section (5). You will recall that several citizens have complained about a neighbor on Starlight Lane playing music during the day, not in violation of the current time limits. The complaining citizens want the County to amend the noise ordinance to prohibit such activity at all times of day, not just after 10 p.m. and before 7 a.m. If it is the pleasure of the Board to amend this sub-section to prohibit such activity, then the amendment would strike out the time of day limitations. Sec. 13-22. Penalties. ~~ ,,,,,,,,,,,,,,A violation of any provisions of this article shall constitute a Class ~~~, misdemeanor. Each separate act on the part of the person violating this article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. I ~ ~ '"' ~~~ '' ~~~ ~~ ~ I III I" ~ " ~~ , ~ . ~~~ ~~~ ~~ m I I I~ I I I i u .I II~ ~~~I I ~~ III'~~' II I I I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ I ~~ I ~ii~ II ~ ~ I ~ II " ~ i ° ~~' ICI ~ i I I ~~ ~ ~ I ~ I I i ~ II In addition, recommendation to include other enforcement opportunities such as injunction in sub-section (c) or citizen self-help in sub-section (d) expands enforcement opportunities. ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2010 AGENDA ITEM: Work session to discuss fiscal year 2010-2011 budget development SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman III ~,, County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to provide an update on the FY2010-2011 budget development process. 1 ~ ~r~'. L ~~ 1 ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ~~~~ ~~'~~~ ~~~~~ r "~~~C ~~,~~~~ t ~~~~ ~~ four ~~~r~til ~~r~t I~Iu~i l~~r~~ ~rl~+~l pw~~r~ ~r~~ ~rr~lr~i~rt~~ P'Rt~"~E~ ": . ~Ir~ ~n III ~ ~ - , ,, ~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2010 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA '~NM~~~~, the ~c~ar - ~u~~rsar~ r~~ ~~un, ~iri~~iiiaa b s ~+~~~ve~' a ~N~~+a ire ~ this ~ r~~aant ~ ~ ~ra~r rr~~ r~ ~ ~~r ~~b tb r~~vi!~~sur~s ~~~ T~'~r~i' "re~i +~ Ir~r ; at~d "J~I~~~~ ~eir~~ ~~~-~~'~ ~ +~ ~~ ~ ~ "rir~~a r~,~u~i~~res ~~~i~i by Ord a~ ~upn~ir~ f ~~~ ~-~~r~~~ lirir~i, ~b~ ~~~~ ~I~ ~r~t~r~~ ~~~ ~ru~ ire ~r~r rb ~'~ir~~~ la°. ~~~i~l~ 1~~ir~r~~au, I~~rb ~~r~~~~ ghat, ~ b~s~ ~~ ~~rr~ber'a r~v~~e: '~ . r~i p~bl bu~ir~~~ r~~trs ~a~~~ rn~~~ ~ru ~~~r~ rn~~ir~~! r~,~i~rrne b~~ ~'rinia Iav ~r ~is~~uss~~ ire the ~las+~ ~~r~ ~Ii tNi ~~rt~ain r~s~lur~ ~~is, ar~d . ~~'~~~~b b~~bs~~r~~s~ r~tara asrr~ i~d+ar~~~i~ ir~~h~ r~ir~ cvr~~~r~i~b ~a~~ ~i~~~n r+a hear, i~~~~~~ r ~si~~r~ b ~b ~c~r~ f -~a~~~rvi~r ~ar~ ~~a~ 'ir~ir~a~