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Home My WebLink About7/26/2005 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 26, 2005 RESOLUTION 072605-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF LOUISE R. EAKIN, REAL ESTATE VALUATION, AFTER TWENTY-FOUR YEARS OF SERVICE WHEREAS, Louise R. Eakin was first employed by Roanoke County on February 1, 1981, as an Account Clerk and also served as a Real Estate Clerk in the Real Estate Valuation Office; and WHEREAS, Ms. Eakin retired as a Customer Service Representative on July 1, 2005, after twenty-four years and four months of service; and WHEREAS, Ms. Eakin was an outstanding and extremely dependable employee who provided dedicated customer service and was able to provide information and answers to many questions relating to splits, transfers, land use and building permits; and WHEREAS, Ms. Eakin served as the liaison for the Real Estate Valuation Office with the Commissioner of Revenue and the Treasurer and her knowledge of the many procedures and processes was an important asset; and WHEREAS, Ms. Eakin was a member of the Virginia Association of Assessing Officers; and WHEREAS, Ms. Eakin, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens because of her ability to provide excellent customer service and coordinate work between the Real Estate Valuation Office and other County departments concerning any aspect of real estate valuation. 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 LOUISE R. EAKIN for more than twenty-four years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 26, 2005 RESOLUTION 072605-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MARSHA L. BEVERLEY, REAL ESTATE VALUATION, AFTER SEVEN YEARS OF SERVICE WHEREAS, Marsha L. Beverley was first employed by Roanoke County on July 13, 1998, as a Customer Service Representative in the Real Estate Valuation Office; and WHEREAS, Ms. Beverley retired as the Land Use Compliance Coordinator on July 1, 2005, after seven years of service; and WHEREAS, Ms. Beverley served for several years as the Secretary to the Board of Equalization; and WHEREAS, Ms. Beverley assisted in the development of the first Land Use Brochure, redesigned the land use forms, and updated the Open Space Agreement; and WHEREAS, Ms. Beverley was a member of the Virginia Association of Assessing Officers and served on the Association's Land Use Committee; and WHEREAS, Ms. Beverley attended several appraisal classes and due to her efforts, the position of Land Use Coordinator has been improved and expanded; and WHEREAS, Ms. Beverley, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens because of her ability to provide excellent customer service and coordinate work between the Real Estate Valuation Office and other County departments concerning land use issues. 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 MARSHA L. BEVERLEY for seven years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: 1 Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File 2 ACTION NO. A-072605-3 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 26, 2005 AGENDA ITEM: Request to appropriate an amount up to $117,000 additional funding for the construction of a new school warehouse SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In July 2004, the School Board transferred title to ten (10) acres of property at the site of the School Administration Center to the County for the construction of the new Public Safety Building. In exchange, the County Board agreed to replace the school warehouse that was on that site. The original project budget for the Public Safety Building included $500,000 for the construction of this warehouse. At a joint meeting on January 24, 2005, the cost was estimated to be around $800,000. At that time, both boards agreed that they would come up with an extra $150,000 each to cover the overage. On June 24, 2005, the School Operations Department received six sealed bids from qualified contractors for the construction of a 20,000 square feet warehouse for Roanoke County Public Schools. The low bid for the project was disqualified because the contractor's bid did not include information which was required in the bid request. The next low bidder was unable to get a performance bond. The third low bidder was Avis Construction. Avis bid $688,000 and agreed to complete all work on or before December 1, 2005. The final cost breakdown of the project is as follows: FISCAL IMPACT: The Public Safety Building budget already includes $500,000 towards the total County cost of $617,000. An additional appropriation of $117,000 is needed at this time. These funds are available in the Minor County Capital Fund. STAFF RECOMMENDATION: Staff recommends approving the school warehouse project total budget of $734,000, and appropriating an additional $117,000 from the Minor County Capital to the school warehouse. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved Yes County Schools Construction $688,000 594,000 94,000 A&E $25,000 12,500 12,500 Contingency $21,000 10,500 10,500 Total Project Cost $734,000 617,000 117,000 FISCAL IMPACT: The Public Safety Building budget already includes $500,000 towards the total County cost of $617,000. An additional appropriation of $117,000 is needed at this time. These funds are available in the Minor County Capital Fund. STAFF RECOMMENDATION: Staff recommends approving the school warehouse project total budget of $734,000, and appropriating an additional $117,000 from the Minor County Capital to the school warehouse. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Dr. Linda Weber, School Superintendent Penny Hodge, Director, Budget & Finance Brenda Chastain, Clerk, School Board 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Dr. Linda Weber, School Superintendent Penny Hodge, Director, Budget & Finance Brenda Chastain, Clerk, School Board 2 ACTION NO. A-072605-4 ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 26, 2005 AGENDA ITEM: Request to accept and appropriate additional state revenues in the amount of $75,000 to the Sheriff's Office for fiscal year 2004-2005 budget SUBMITTED BY: APPROVED BY: Brent Robertson Director of Management and Budget Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: During fiscal year 2004-2005, as in previous years, the inmate population at the Roanoke County jail has remained above capacity. In addition, the average daily inmate population increased from 259 to 268 through FY 2005, an increase of 3.5% over the prior fiscal year. The average population for the final quarter for FY 2005 was approximately 266. As a result, operational costs such as food, utilities, medical costs, etc. continue to consume a substantial portion of the jail's budget. Due to the increased inmate population, the Sheriff is projecting expenditures related to inmate care to exceed original budget allocations by $75,000 for FY 2004-2005. For comparative purposes, the year-end adjustment approved by the Board for FY 2003-2004 was $98,000. Roanoke County is reimbursed by the state for salaries, mileage, office expenses, and for housing state prisoners. The reimbursement for state responsible inmates varies between a rate of $6 and $8 per day. In addition, the City of Salem reimburses the County for housing its prisoners on a per diem basis. State reimbursement for commonwealth responsible prisoners is subject to state prisoner population, general assembly appropriations, and political factors, variables difficult to consider in revenue projections. During previous fiscal years, state revenue receipts have exceeded the conservative state budget projections by an amount that would cover increased jail expenditures caused by higher than normal inmate populations. Based on the revenue estimates versus the projected revenues anticipated to be collected from the state for the Sheriff's Department for FY 2004-2005, revenues in excess of budget for these categories should total approximately $300,000. In addition, reimbursement revenue by the City of Salem for city - responsible prisoners in the jail exceeded budget projections by $130,000. FISCAL IMPACT: There is no fiscal impact — 100% state funds. STAFF RECOMMENDATION: Staff recommends an appropriation adjustment to recognize an additional $75,000 of revenue for FY 2004-2005 for personnel and operations reimbursement and increasing the FY 2004-2005 care and confinement budget within the Sheriffs department by $75,000 to cover increased operational costs of the jail caused by increased inmate population, staffing requirements, and capital reimbursements. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Brent Robertson, Director, Management & Budget Rebecca Owens, Director, Finance Sheriff Gerald Holt 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Brent Robertson, Director, Management & Budget Rebecca Owens, Director, Finance Sheriff Gerald Holt 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 26, 2005 RESOLUTION 072605-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for July 26, 2005, 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 5, inclusive, as follows: 1. Approval of minutes — July 12, 2005 2. Ratification and confirmation of appointments to the Community Policy and Management Team (CPMT) and the Social Services Advisory Board 3. Resolution of appreciation following the retirement of William Bowling, Sheriffs Office, following 23 years of service. 4. Request from schools to appropriate funds in the amount of $10,000 from Bedford County Schools for joint funding of the R. E. Cook Alternative School 5. Request to authorize an amendment to the contract with the City of Roanoke and the Roanoke Regional Airport Commission 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Rebecca Owens, Director, Finance Paul Mahoney, County Attorney Rick Burch, Chief, Fire & Rescue Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board 2 ACTION NO. A -072605-5.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 26, 2005 AGENDA ITEM: Ratification and confirmation of appointments to the Community Policy and Management Team (CPMT) and the Social Services Advisory Board SUBMITTED BY: APPROVED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Community Policy and Management Team (CPMT) Roanoke County Schools have requested that Dr. Linda Weber be appointed as the school division representative to the Community Policy and Management Team. Becky Roe, who is current serving in this capacity, will serve as the alternate representative. There is no term limit for this appointment. It has been requested that confirmation of this appointment be placed on the consent agenda. 2. Social Services Advisory Board (Appointed by District) Supervisor Flora has requested that Ms. Dorothy "Dot" Hayes, Hollins Magisterial District representative, be appointed to serve an additional four-year term that will expire on August 1, 2009. He requested that confirmation of this appointment be placed on the consent agenda. Supervisor Church requested that Ms. Dorothy Barr, Catawba Magisterial District representative, be appointed to serve an additional four-year term that will expire on August 1, 2009. He requested that confirmation of this appointment be placed on the consent agenda. Supervisor Wray requested that Ms. Natalie Norris, Cave Spring Magisterial District representative, be appointed to serve an additional four-year term that will expire on August 1, 2009. He requested that confirmation of this appointment be placed on the consent agenda. STAFF RECOMMENDATION: It is recommended that the above ratification and confirmation of appointments to the Community Policy and Management Team (CPMT) and the Social Services Advisory Board be confirmed. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Community Policy & Management Team File Social Services Advisory Board File Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Community Policy & Management Team File Social Services Advisory Board File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 26, 2005 RESOLUTION 072605-5.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF WILLIAM S. BOWLING, SHERIFF'S OFFICE, FOLLOWING TWENTY-THREE YEARS OF SERVICE WHEREAS, William S. Bowling was first employed by Roanoke County in the Sheriffs Office as a Deputy Sheriff on June 16, 1982, and attained the rank of Deputy Sheriff -Sergeant; and WHEREAS, Sergeant Bowling, while serving in the military reserves, was called up to active duty and deployed to Iraq during the Gulf Conflict and to Bosnia; and WHEREAS, Sergeant Bowling retired from Roanoke County on July 1, 2005, following twenty-three years of service; and WHEREAS, Sergeant Bowling, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens through his work as a Deputy Sheriff and his military service. 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 WILLIAM S. BOWLING following twenty-three years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File 2 ACTION NO. A -072605-5.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 26, 2005 AGENDA ITEM: Request from schools to appropriate funds in the amount of $10,000 from Bedford County Schools for joint funding of the R. E. Cook Alternative School SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Bedford County and Roanoke County school systems jointly fund the R. E. Cook Alternative School located in Vinton. The Student Assistance Program (SAP) position at the school is part-time and there is a need to increase the position to full-time status. Through reorganization of SAP positions, Roanoke County Schools can contribute 50 percent funding along with 50 percent funding from Bedford County Schools so that the SAP position at R. E. Cook can become full-time. This is a one-year position extension and its future viability depends upon both Bedford and Roanoke County schools having available fund to continue. FISCAL IMPACT: $10,000 from Bedford County Schools will be added to the R. E. Cook program. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the $10,000 from Bedford County be appropriated to account 000825-0593 to partially fund the SAP position at the R. E. Cook Alternative School. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Penny Hodge, Director, Budget & Finance Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Penny Hodge, Director, Budget & Finance Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. A -072605-5.d ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 26, 2005 AGENDA ITEM: Request to authorize an amendment to the contract with the City of Roanoke and the Roanoke Regional Airport Commission SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On January 28, 1987, Roanoke County entered into a contract with the City of Roanoke and the Roanoke Regional Airport Commission for the management and operation of the Roanoke Regional Airport. Sections 5 and 21(b) of the 1987 contract address Fire Station No. 10. The City has agreed to convey Fire Station No. 10 to the Commission, and the City and the Commission have agreed to certain changes in the operation and funding for the operation of this station. These changes require an amendment to the 1987 contract. The amendment provides that the Commission shall be reimbursed by the City for all of its operation costs, as well as all costs of utilities, equipment, materials and supplies utilized at Fire -EMS Station No. 10 on a 50/50 percentage basis. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors approve this contract amendment and that the County Administrator be authorized to execute this contract amendment on behalf of Roanoke County. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Paul Mahoney, County Attorney Rick Burch, Chief, Fire & Rescue Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Paul Mahoney, County Attorney Rick Burch, Chief, Fire & Rescue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 26, 2005 RESOLUTION 072605-6 AMENDING AND RESTATING THE ARTICLES OF INCORPORATION FOR THE WESTERN VIRGINIA WATER AUTHORITY (THE "AUTHORITY") WHEREAS, the Board of Supervisors of Roanoke County, Virginia ( the "County") and the City Council of the City of Roanoke, Virginia (the "City") have jointly determined that it is in the best interests of the Authority to amend and restate the Authority's Articles of Incorporation pursuant to the applicable provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended (the "Act"), and desire to do so by the adoption of concurrent resolutions; and WHEREAS, a public hearing has been held in accordance with the requirements of § 15.2-5104 of the Act. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The Articles of Incorporation of the Authority are hereby amended and restated as follows: AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY The Board of Supervisors of Roanoke County and the Council of the City of Roanoke have by concurrent resolution adopted the following Articles of Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended) ARTICLE I The name of the Authority shall be the Western Virginia Water Authority and the address of its principal office is 600 South Jefferson Street, Suite 200, Roanoke, Virginia 24011. ARTICLE II The names of the incorporating political subdivisions are the County of Roanoke, Virginia and the City of Roanoke, Virginia. The County of Roanoke and the City of Roanoke, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the members from each incorporating political subdivision of the Board of the Authority: (1) The inclusion of additional political subdivisions on the Authority; (2) Additional agreement with other political subdivisions, entities, or persons, for the bulk sale of surplus water or the acceptance and treatment of waste water. (3) The recommendation to the governing bodies for the appointment of the seventh member of the Board of the Authority. r� ARTICLE III The Board of the Authority shall consist of seven members. The names, addresses, and terms of office of the initial members of the Board of the Western Virginia Water Authority ("Authority") are as follows: 1. Elmer C. Hodge, County Administrator — 3 year term Roanoke County Administration Center 5204 Bernard Drive P. O. Box 29800 Roanoke, VA 24018 2. Michael W. Altizer, Board of Supervisors — 2 year term 3108 Valley Stream Drive Roanoke, VA 24014 3. H. Odell "Fuzzy" Minnix , Citizen — 4 year term 3314 Kenwick Trail, SW Roanoke, VA 24018 4. Darlene L. Burcham, City Manager — 3 year term Noel C. Taylor Municipal Building City Manager's Office 215 Church Avenue, Room 364 Roanoke, VA 24011 5. M. Rupert Cutler, City Council —2 year term 8 North Jefferson Street, #503 Roanoke, VA 24016 6. Robert C. Lawson, Jr., Citizen — 4 year term Suntrust Bank, Suntrust Plaza 10 Franklin Road, SE, 9th Floor Roanoke, VA 24001 P. O. Box 2867 Roanoke, VA 24001 7. George W. Logan, Citizen — 4 year term 2217 Crystal Spring Ave., SW, Suite 200 Roanoke, VA 24014 P. O. Box 1190 Salem, VA 24153 3 Mr. Logan resigned from the Board effective May 19, 2005 and the following director has been appointed to fulfill the unexpired portion of his term: John B. Williamson, III Roanoke Gas Company 519 Kimball Ave, N. E. Roanoke, Virginia 24016 The terms of office of each of the initial members shall begin on the date of issuance of a certificate of incorporation or charter for the Authority by the State Corporation Commission. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke - three City of Roanoke — three A seventh member shall be appointed jointly by the City of Roanoke and County of Roanoke. The six members of the Authority Board shall recommend to the City and the County the appointment of the seventh member. The City and the County shall ratify and confirm the appointment of the seventh member. If the City and the County fail to act or are unable to act within 60 days of the receipt of this recommendation, then the appointment of the seventh member shall be made by the judges of the Circuit Court for the 23rd Judicial Circuit. Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member for a three-year term, and one member for a two-year term. Initially, the governing body of the City of Roanoke shall appoint one member for a four-year term, one member for a three-year term, and one member for a two-year term. Ell After the initial terms, each member shall be appointed for a four-year term or until a successor is appointed and qualified, which four-year term shall begin on July 1 of the year in which the previous, initial term expires. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member shall be reimbursed by the Authority for the amount of actual expenses incurred in the performance of Authority duties. ARTICLE IV The purposes for which the Authority is to be formed are to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a water, waste water, sewage disposal and storm water control system and related facilities pursuant to the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended ("Act"). The Authority shall have all of the rights, powers, and duties of an authority under the Act. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for the proposed projects. ARTICLE V The Authority shall serve the County of Roanoke, the City of Roanoke, and to the extent permitted by the Act and by the terms of these Articles and the Western Virginia Water Authority Operating Agreement, such other public or private entities as the 4 Authority may determine upon the terms and conditions established pursuant to such contracts. ARTICLE VI The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the political subdivisions. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Elmer C. Hodge, County Administrator and Incorporator CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA By Darlene L. Burcham, City Manager and Incorporator 2. This resolution shall take effect immediately upon its adoption. On motion of Supervisor McNamara to adopt the resolution with an amendment on page 1, paragraph 3, changing "Council of the City of Roanoke" to "Board of Supervisors of Roanoke County", and carried by the following recorded vote: 2 AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A cppy TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Sam Vance, Legal Council, WMA Bruce Grant, Director, Finance & Administration, WMA Mary Parker, Clerk, Roanoke City Council William Hackworth, City Attorney 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 26, 2005 ORDINANCE 072605-7 AMENDING APPENDIX A. ZONING ORDINANCE OF THE ROANOKE COUNTY CODE AND CHAPTER 5. ANIMALS AND FOWL PERTAINING TO MULTIPLE DOG PERMITS WHEREAS, the Board of Supervisors of Roanoke County has requested certain amendments to the County Code pertaining to multiple dog permits; and WHEREAS, the first reading of this ordinance was held on June 28, 2005, and the second reading and public hearing were held July 26, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 5, 2005; and law. WHEREAS, legal notice and advertisement has been provided as required by BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following sections of the County Zoning Ordinance be amended to read and provide as follows: SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-2. Residential Use Types. Kernel pr4vate Multiple dog permit: The keeping, breeding, raising, showing or training of three (3) four 4 or more dogs over four (4) months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. SEC. 30-32. AG -3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. **** 2. Residential Uses KeARel PFivate Multiple Dog Permit * SEC. 30-33. AG -1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT. Sec. 30-33-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. **** 2. Residential Uses Kennel PFiy to Multiple Dog Permit * SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. **** 1. Residential Uses KeRRel Private Multiple Dog Permit **** 2 §. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT. §. 30-36-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. **** 2. Residential Uses Kennels PFay to Multiple Doq Permit * §. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. §. 30-41-2. Permitted Uses. **** (B) The following uses are allowed only by Special Use Permit pursuant to Section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. **** 2. Residential Uses Kennel Private Multiple Dog Permit * SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30-42-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 2. Residential Uses Kennel, PFffiyate * * * * (B) The following uses are allowed only by Special Use Permit pursuant to Section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 3 1. Residential Uses Home Beauty/Barber Salon'` Multiple Dog Permit Townhouse * Sec. 30-82-4. KeRRel, ori . Multiple Dog Permit. (A) General standards: 1. Minimum lot size: One (1) acre. 2. A ,ivate keR multiple doq permit shall be permitted only when accessory to a single family dwelling. 3. Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty-five (25) feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area. SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING. Sec. 30-91-9. Minimum Parking Required. **** Use Type Parking Required KeRRel, PFivate Multiple Dog Permit No Requirement 2. That the following sections of Chapter 5. Animals and Fowl be amended to read and provide as follows: Article II. Dogs, Cats and Other Animals Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: **** Kennel: An enclosure or structure used to house, shelter, restrain, exercise, board, breed, handle or otherwise keep or care for more than two (2) three 3 dogs four (4) months of age or older, from which they cannot escape. The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line. For purposes of this Chapter and the license tax, the term "kennel" shall also include "multiple dog permit." **** 4 Sec. 5-24. Limitation on number kept per dwelling unit. (a) The harboring or keeping of more than hve-(2) three 3 dogs over four (4) months of age per dwelling shall be unlawful, unless a p ffiyate keRRel IiGeR a multiple dog permit has been issued pursuant to this article. The harboring or keeping of more than six (6) cats over four (4) months of age, of which no more than two (2) may be fertile, per dwelling shall be unlawful. The requirements of this section shall not apply to any dwelling which is part of an active agricultural operation or usage as defined by the zoning ordinance for the county. (b) As of July 26, 2005, allow a 60 -day period to register four dogs if the dogs are owned currently and upon the death of one of the four dogs, the homeowner would be allowed to maintain three dogs from that point forward. 3. That this ordinance shall be in full force and effect from and after its adoption. 5 CWTA ■ _ , _ , .. W. TMZ ... !it". IWMMMIZI�I the 138Refit of this SLJbE;eGteOR. (b) As of July 26, 2005, allow a 60 -day period to register four dogs if the dogs are owned currently and upon the death of one of the four dogs, the homeowner would be allowed to maintain three dogs from that point forward. 3. That this ordinance shall be in full force and effect from and after its adoption. 5 On motion of Supervisor McNamara to adopt the ordinance with the amendment to retain the one acre minimum lot size and to allow a 60 -day period to register four dogs if the dogs are owned currently and upon the death of one of the four dogs; the homeowner would be allowed to maintain three dogs from that point forward; and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors n. cc: File Circuit Court Clifford R. Weckstein, Judge William Broadhurst, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Charles N. Dorsey, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Francis W. Burkart, III, Judge Theresa A. Childress, Clerk Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Kozuo Webb Main Library, Diana Rosapepe Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 26, 2005 ORDINANCE 072605-8 AMENDING AND GRANTING A SPECIAL USE PERMIT TO THE CHURCH OF THE HOLY SPIRIT TO EXPAND A RELIGIOUS ASSEMBLY FACILITY ON 15.24 ACRES LOCATED AT 6011 MERRIMAN ROAD (TAX MAP NO. 87.17-6-11.2) CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Church of the Holy Spirit was granted a special use permit on March 22, 1994 by Ordinance #32294-8; and WHEREAS, the Church of the Holy Spirit has filed a petition for a special use permit to expand a religious assembly facility on 15.24 acres located at 6011 Merriman Road (Tax Map No. 87.17-6-11.2) in the Cave Spring Magisterial District; and WHEREAS, the existing special use permit will be amended by deleting certain conditions and imposing a new condition; and WHEREAS, the Planning Commission held a public hearing on this matter on July 5, 2005; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 26, 2005; the second reading and public hearing on this matter was held on July 26, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to the Church of the Holy Spirit to expand a religious assembly facility on 15.24 acres located at 6011 Merriman Road in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: review and put into effee+ nrier +e the beginning of nreliminaFy grerlinn (2) Merriman Road will be the only access to the site. (4) A total of 22 parking spaces, shown on (the 2-1/94) concept plan nearest rear yard border of 5959 Barbara Circle, will not be constructed, resulting in a minimum 40 foot buffer. gtl� tial use type.—Where night-time lighting „t S, Gh i� nrenesed Iarge evergreen treed shall be req carer) (3) The parking plan and the development plan shall be in substantial conformity with the Site Plan prepared by Balzer and Associates, Inc. under the date of April 18, 2005. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed 2 to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 26, 2005 ORDINANCE 072605-9 TO VACATE A 15' DRAINAGE EASEMENT DEDICATED ACROSS LOT 11, BLOCK 5, AND A 15' DRAINAGE EASEMENT SHOWN EXTENDING FROM ARROWHEAD DRIVE, BOTH ON PLAT OF SECTION 2, CHEROKEE HILLS, PLAT BOOK 9, PAGE 131, AND TO VACATE TWO 15' DRAINAGE EASEMENTS SHOWN ON PLAT OF SECTION 1 OF CHEROKEE HILLS, PLAT BOOK 9, PAGE 59, LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, by "Map of Section No. 2 of Cherokee Hills" dated 12 March 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 131, a 15' drainage easement was dedicated on Lot 11, Block 5, the subject easement being designated on said plat as °15' D.E.," and a 15' drainage easement was shown extending from Arrowhead Drive, the subject easement being designated on said plat as "15' drainage easement"; and WHEREAS, by "Map of Section No. 1 of Cherokee Hills" dated 8 May 1974, and recorded in the above-mentioned Clerk's Office in Plat Book 9, page 59, two 15' drainage easements were shown and located on the remaining property of Cherokee Hills Associates, the subject easements being designated on said plat as "CL Hollow is CL 15' D.E."; and WHEREAS, the subject easements are further shown on "Map Showing Vacation of Drainage Easements for Townside Construction Co., Inc. situate on 31.499 acre tract being a portion of 84.603 acres (PB 28, page 37) and Lot 11, Block 5, Section 2, Cherokee Hills (PB9, page 131) and Section 1, Cherokee Hills (PB9, PG59) Adjoining Cherokee Hills and Glenvar Heights" and designated as "15' D.E. To Be Vacated"; and WHEREAS, the Petitioner, Townside Construction Co., Inc., is the current owner of the above-mentioned 31.499 acre tract of real estate, said real estate being a portion of Tax Map #54.04-5-1; and WHEREAS, Townside Construction Co., Inc. has generated subdivision plans for Section 4 of Cherokee Hills that will encompass the subject 15' drainage easements and the subject drainage easements are no longer required and Petitioner has requested that said easements be vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended); and WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the 1950 Code of Virginia, as amended, and the first reading of this ordinance was held on July 12, 2005, and the public hearing and second reading of this ordinance was held on July 26, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That drainage easements being designated and shown as "15' D.E. To Be Vacated" on Exhibit A attached hereto, said easements having been shown and dedicated on "Map of Section No. 2 of Cherokee Hills" dated 12 March 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 9, page 131, be, and hereby are, vacated pursuant to § 15.2-2272 of the 1950 Code of Virginia, as amended; and 2. That drainage easements being designated and shown as "15' D.E. To Be Vacated" on Exhibit A attached hereto, said easements having been shown on "Map of 2 Section No. 1 of Cherokee Hills" dated 8 May 1974, and recorded in the above- mentioned Clerk's Office in Plat Book 9, page 59, be, and hereby are, vacated pursuant to § 15.2-2272 of the 1950 Code of Virginia, as amended; and 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the above-mentioned Clerk's Office in accordance with § 15.2-2272 of the 1950 Code of Virginia, as amended. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney I hereby certify that the foregoing is a true and correct copy of Ordinance 072605-9 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, July 26, 2005. Brenda J. Holton, Deputy Clerk Cl TY Exhibit A Pl 011 jot S z Z all Nil Aft lie 3MIA AG I__ ' 9-5 flit L