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HomeMy WebLinkAbout9/26/2006 - Adopted Board RecordsA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2006 ORDINANCE 092606-1 AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE FROM LEN DESHANO AND DOROTHY DESHANO CONSISTING OF APPROXIMATELY 8 ACRES (TAX MAP NO. 38.16-1-7) FOR FUTURE COUNTY USE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on September 12, 2006, and the second reading was held on September 26, 2006. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of 8 acres of real estate (Tax Map No. 38.16-1-7) located off John Richardson Road and Hershberger Road owned by Len DeShano and Dorothy DeShano for the sum of Four Hundred Fifteen Thousand Dollars ($415,000) is hereby authorized and approved. 2. That an additional sum of Ten Thousand Dollars ($10,000) is hereby appropriated to pay ancillary costs of this transaction including a Phase 1 environmental study and geotechnical work, surveying costs, title insurance and other closing costs. 3. That funds were previously appropriated into the Garage Account in the Major County Capital Fund to pay all of the costs of this acquisition. 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of S J Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A OPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Anne Marie Green, Director, General Services Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2 w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2006 RESOLUTION 092606-2 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 September 26, 2006, 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 of minutes —September 12, 2006 2. Request from the Police Department to accept a United States Department of Justice grant in the amount of $21,677 3. Request from the Community Development Department to accept a Virginia Department of Conservation and Recreation grant in the amount of $148,000 for the Mudlick Creek urban stream restoration at Garst Mill Park 4. Resolution amending and readopting guidelines for the implementation of the Public -Private Education Facilities and Infrastructure Act of 2002 5. Request to accept and appropriate reimbursement in the amount of $32,909.28 for time/resources as part of the 800MHz rebanding project 6. Confirmation of committee appointments 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. 1 On motion of Supervisor Altizer to adopt the consent resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A OPY TESTE: aAv) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance George W. Simpson, 111, P. E., Community Development Paul M. Mahoney, County Attorney Dan O'Donnell, Assistant County Attorney Pat Chockley, Purchasing Elaine Carver, Director, Information Technology 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2006 RESOLUTION 092606-2.c AMENDING AND READOPTING GUIDELINES FOR THE IMPLEMENTATION OF THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Board of Supervisors of Roanoke County determined that it is in the best interest of the County to adopt procedures for the implementation of the Public - Private Education Facilities and Infrastructure Act of 2002 pursuant to the provisions of Section 56-575.16.4 of the 1950 Code of Virginia, as amended; and WHEREAS, on May 13, 2003, the Board of Supervisors of Roanoke County adopted Resolution 051303-4 which adopted procedures for the implementation of the Public -Private Education Facilities and Infrastructure Act of 2002; and WHEREAS, on April 25, 2006, the Board adopted Resolution 042506-3b amending and readopting the PPEA Guidelines; and WHEREAS, the Board has determined that it is in the best interests of the County to amend these previously adopted procedures to incorporate recent amendments to the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that Board of Supervisors of Roanoke County, Virginia, hereby adopts the following amendments to the Guidelines for the Implementation of the Public -Private Education Facilities and Infrastructure Act of 2002 as amended. 1. That the Guidelines are hereby amended as follows: 1 D. Freedom of Information Act Generally, proposal documents submitted by private entities are subject to the Virginia Freedom of Information Act ("FOIA"). In accordance with § 2.2-3705.6 of the Code, such documents may be released if requested, except to the extent that they relate to (i) confidential proprietary information submitted to the County under a promise of confidentiality or (ii) memoranda, working papers or other records related to proposals if making public such records would adversely affect the financial interest of the Commonwealth or the private entity or the bargaining position of either party by following the procedures under subdivision 11 of Section 2.2-3705.6. Subsection 56-575.4 G of the PPEA imposes an obligation on the County to protect confidential proprietary information submitted by a private entity or operator. When the private entity requests that the County not disclose information, the private entity must (i) invoke the exclusion when the data or materials are submitted to the County or before such submission, (ii) identify the data and materials for which protection from disclosure is sought, and (iii) state why the exclusion from disclosure is necessary. A private entity may request and receive a determination from the County as to the anticipated scope of protection prior to submitting the proposal. The County is authorized and obligated to protect only confidential proprietary information, and thus will not protect any portion of a proposal from disclosure if the entire proposal has been designated confidential by the proposer without reasonably differentiating between the proprietary and non-proprietary information contained therein. Upon receipt of a request that designated portions of a proposal be protected from disclosure as confidential and proprietary, the County shall determine whether such protection is appropriate under applicable law and, if appropriate, the scope of such appropriate protection, and shall communicate its determination to the proposer. If the determination regarding protection or the scope thereof differs from the proposer's request, then the County will accord the proposer a reasonable opportunity to clarify and justify its request. Upon a final determination by the County to accord less protection than requested by the proposer, the proposer will be accorded an opportunity to withdraw its proposal. A proposal so withdrawn should be treated in the same manner as a proposal not accepted for publication and conceptual -phase consideration as provided in section IV.A.2 below. IV. Unsolicited Proposals The PPEA permits the County to receive, evaluate and select for negotiations unsolicited proposals from private entities to develop or operate a qualifying project. From time to time the County may publicize its needs and may encourage interested parties to submit unsolicited proposals subject to the terms and conditions of the PPEA. When such proposals are received without issuance of an RFP, the proposal shall be treated as an unsolicited proposal. Unsolicited proposals should be 2 submitted to the County Administrator by delivering six complete copies, together with the required review fee. A working group may be designated by the County Administrator to review and evaluate all unsolicited proposals. A. Decision to Accept and Consider Unsolicited Proposal; Notice 1. The County reserves the right to reject any and all proposals at any time. 2. Upon receipt of any unsolicited proposal, or group of proposals, and payment of the required fee by the proposer or proposers, the County should determine whether to accept the unsolicited proposal for publication and conceptual -phase consideration. If the County determines not to accept the proposal, it shall return the proposal, together with all fees and accompanying documentation, to the proposer. 3. a. If the County chooses to accept an unsolicited proposal for conceptual - phase consideration, within 10 working days after acceptance of such proposal, it shall post a notice on the County's electronic procurement website, and in such other public area(s) as may be regularly used for posting of public notices, for a period of not less than 45 days. The County shall also publish, at least once, the same notice in the Roanoke Times and World News, a newspaper of general circulation in the County, providing notice of pending or potential action in not less than 45 days. In addition the notice shall also be advertised in Virginia Business Opportunities and on the Commonwealth's electronic procurement website. At least one copy of the proposals shall be made available for public inspection. The County may provide for more than 45 days in situations where the scope or complexity of the original proposal warrants additional time for potential competitors to prepare proposals. b. The notice shall state that the County (i) has received and accepted an unsolicited proposal under the PPEA, (ii) intends to evaluate the proposal, (iii) may negotiate a comprehensive agreement with the proposer based on the proposal, and (iv) will accept for simultaneous consideration any competing proposals that comply with the procedures adopted by the County and the provisions of the PPEA. The notice will summarize the proposed qualifying project or projects, and identify their proposed locations. Copies of unsolicited proposals shall be available upon request, subject to the provisions of FOIA and § 56-575.4 G of the PPEA. C. Prior to posting of the notices provided for in this subsection the County shall receive from the private partner or partners the balance due, if any, of the required project proposal review fee. d. In addition to the posting requirements in sub -section a., for thirty (30) days prior to entering into a comprehensive agreement, the County shall provide an opportunity for public comment on the proposals. This public comment period may include a public hearing in the sole discretion of the 3 Board of Supervisors. At the end of the public comment period, no additional posting shall be required. 4. Once the negotiation of a comprehensive agreement under VIII of these Guidelines is complete, but before a comprehensive agreement is entered into, the County shall make available the proposed agreement for public inspection at least 7 days before any proposed action by the Board of Supervisors. B. Initial Review by the County at the Conceptual Stage (Part 1) After reviewing the original proposal, and any competing proposals submitted during the notice period, the County Administrator may recommend to the Board of Supervisors: (i) not to proceed further with any proposal, (ii) to proceed to the detailed (Part 2) phase of review with the original proposal, (iii) to proceed to the detailed (Part 2) phase with a competing proposal, or (iv) to proceed to the detailed (Part 2) phase with multiple proposals. In the event that more than one proposal will be considered in the detailed (Part 2) phase of review, the County Administrator shall recommend to the Board of Supervisors whether the unsuccessful private entity, or entities, shall be reimbursed, in whole or in part, for costs incurred in the detailed phase of review. In such case reasonable costs may be assessed to the successful proposer as part of any ensuing comprehensive agreement. VIII. Comprehensive Agreement The Board of Supervisors shall approve any comprehensive agreement entered into pursuant to the PPEA between the County and a private entity. The County shall accept no liability for developing or operating the qualifying project prior to entering into a properly executed comprehensive agreement. Each comprehensive agreement shall define the rights and obligations of the responsible public entity and the selected proposer with regard to the project. Once the negotiation of a comprehensive agreement under VIII of these Guidelines is complete, but before a comprehensive agreement is entered into, the County shall make available the proposed agreement for public inspection at least 7 days before any proposed action by the Board of Supervisors. C! The scope of the comprehensive agreement shall include but not be limited to: 1. The delivery of maintenance, performance and payment bonds or letters of credit in connection with any acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, development or operation of the qualifying project, in the forms and amounts satisfactory to the County; 2. The review and approval of plans and specifications for the qualifying project by the County; 3. The rights of the County to inspect the qualifying project to ensure compliance with the comprehensive agreement; 4. The maintenance of a policy or policies of liability insurance or self-insurance, each in form and amount satisfactory to the County reasonably sufficient to insure coverage of the project and the tort liability to the public and employees and to enable the continued operation of the qualifying project; 5. The monitoring of the practices of the operator by the County to ensure proper maintenance; 6. The terms under which the private entity will reimburse the County for services provided; 7. The policy and procedures that will govern the rights and responsibilities of the County and the operator in the event that the comprehensive agreement is terminated or there is a material default by the private entity including the conditions governing assumption of the duties and responsibilities of the private entity by the County and the transfer or purchase of property or other interests of the private entity by the County; 8. The terms under which the private entity will file appropriate financial statements on a periodic basis; 9. The mechanism by which user fees, lease payments, or service payments, if any, may be established from time to time upon agreement of the parties. Any payments or fees shall be set at a level that is the same for persons using the facility under like conditions and that will not materially discourage use for the qualifying project; a. A copy of any service contract shall be filed with the County. b. A schedule of the current user fees or lease payments shall be made available by the private entity to any member of the public upon request. 5 c. Classifications according to reasonable categories for assessment of user fees may be made. 10. The terms and conditions under which the County may contribute financial resources, if any, for the qualifying project; 11. A periodic reporting procedure that incorporates a description of the impact of the project on the Commonwealth and the County; and 12. Such other terms as the County may find necessary and convenient, that are agreed to by the private partner(s). Any changes in the terms of the comprehensive agreement as may be agreed upon by the parties from time to time shall be added to the comprehensive agreement only by written amendment. Parties submitting proposals understand that representations, information and data supplied in support of, or in connection with proposals play a critical role in the competitive evaluation process and in the ultimate selection of a proposal by the Commonwealth. Accordingly, as part of the Comprehensive Agreement, the private entity and its team members shall certify that all material representations, information and data provided in support of, or in connection with, a proposal is true and correct. Such certifications shall be made by authorized individuals who have knowledge of the information provided in the proposal. In the event that material changes occur with respect to any representations, information or data provided for a proposal, the prospective operator shall immediately notify the County of same. Any violation of this section of the Comprehensive Agreement shall give the County the right to terminate the Agreement, withhold payment or other consideration due, and seek any other remedy available under the law. A copy of the Comprehensive Agreement shall be submitted to the Auditor of Public Accounts within 30 days of its execution. 2. That this Resolution and these amendments shall be in full force and effect from and after the date of their adoption. N On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: k j /,) j � , � - A /)/� 17 Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Dan O'Donnell, Assistant County Attorney Pat Chockley, Purchasing 7 ACTION NO. A -092606-2.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: September 26, 2006 AGENDA ITEM: Request from the Police Department to accept a United States Department of Justice grant in the amount of $21,677 SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, has awarded the Police Department a grant in the amount of $21,677. The grant was approved for the purchase and installation of four wireless sites for paperless reporting and the wireless cards for Mobile Data Terminals. The grant does not require any matching funds. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance of this United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance grant in the amount of $21,677. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance ACTION NO. A -092606-2.b ITEM NO. J-3 RAN -AR MEETING OF THE BOARD OF SUPERVISORS OF ONO EN OKE TRATI ,R GINIA HELD AT THE ROANOKE COUNTY ADMINIS u_ DATE' September 26, 2006 Request from the Community Development Department to rant in �-DA ITEM: Requ and Re accept a Department of ConseryNludl ck Creek eurban ation s stream the amount t Gas$M�lParkfor he restoration at George W. Simpson, III, P.E. SUBMITTED BY: County Engineer Elmer C. Hodge APPROVED BY: County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: competitive grants to and improving the quality of of Conservation & Recreation f rstorinawards coin A The The Virginia Department ur os WQI ) Im rovement Act of 19ament of Parks, localities and other orgeV rg niasWateeQua Quality p hi with the Dep he state waters under th ment, in partnership rant award in t Department of Community Develop ourism filed an application and has been notified o a g Recreation & T Creek Urban Stream Restoration at Garst Mill Park" in amount of $148,000 for the Mudlic Roanoke County. Mudlick Creek through ural channel" stream restoration techniques. purpose of the project is to address stream bank erosion along stream habitat The pure plantings, restoration of the heavily visited Garst Mill Park using vegetation p e to demonstrate with the These techniques may include native veg eometry. We hop structure, and equilibrium of stream channel g stru sediment loads to Mudlick Creek and to the Roanoke project a significant reduction in River. The Department of Community Development has been conducting stream assessment along Mudlick Creek for several years. The Mudlick Creek watershed has been viewed as the County's "pilot" watershed for looking at urban stream restoration, flooding and stormwater quality issues since construction of the Hidden Valley stormwater management facility at Hidden Valley High School, which was funded with a previous WQIA grant to the County. The Mudlick Creek Urban Stream Restoration Project at Garst Mill Park is a logical extension of stormwater management efforts along this tributary of the Roanoke River. FISCAL IMPACT: No appropriation of funds is being requested. It is anticipated that the $148,000 will be matched with in-kind services from the crews of both departments performing the work and supplemented with current budgets. ALTERNATIVES: Alternative #1 Accept the grant and authorize staff to sign the agreement and begin the project. Alternative #2: Decline the grant at this point in time. STAFF RECOMMENDATION: Staff recommends Alternative #1. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File George W. Simpson, III, P.E., Community Development Arnold Covey, Director, Community Development Rebecca Owens, Director, Finance Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File George W. Simpson, III, P.E., Community Development Arnold Covey, Director, Community Development Rebecca Owens, Director, Finance ACTION NO. A -092606-2.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: September 26, 2006 AGENDA ITEM: Request to accept and appropriate reimbursement in the amount of $32,909.28 for time/resources as part of the 800MHz rebanding project SUBMITTED BY: Elaine Carver Director of Information Technology APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Funds in the amount of $32,909.28 were received from Nextel as reimbursement to the Information Technology Department as per the Frequency Relocation Agreement (FRA) to complete Wave 1(Stage 1) of the 800MHz rebanding project. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends accepting and appropriating funds from Nextel in the amount of $32,909.28 to reimburse Information Technology Department for work on Wave 1 (Stage 1) of the 800MHz Rebanding effort. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Elaine Carver, Director, Information Technology Rebecca Owens, Director, Finance Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Elaine Carver, Director, Information Technology Rebecca Owens, Director, Finance ACTION NO. A -092606-2.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 2006 AGENDA ITEM: Confirmation of committee appointments SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Grievance Panel The three-year terms of Beth Anderson and Jim Garlow, Alternate Members, will expire on October 28, 2006. Ms. Anderson and Mr. Garlow have indicated that they are willing to serve an additional term, and confirmation of these appointments has been added to the consent agenda. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Grievance Panel File Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Grievance Panel File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2006 RESOLUTION 092606-3 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A OPY TESTE: � - (i &' � ) — Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 2006 DENIAL OF ORDINANCE 092606-4 TO REZONE 8.829 ACRES FROM R-1 LOW DENSITY RESIDENTIAL DISTRICT TO PRD, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT, FOR THE DEVELOPMENT OF A RESIDENTIAL COMMUNITY CALLED SUMMER HILL LOCATED AT 5815 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the first reading of this ordinance was held on August 22, 2006, and the second reading and public hearing were held September 26, 2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 5, 2006; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor McNamara to deny approval of the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A OPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 2006 ORDINANCE 092606-5 TO REZONE 1.26 ACRES FROM R-1 LOW DENSITY RESIDENTIAL DISTRICT TO C-1, OFFICE DISTRICT TO CONSTRUCT TWO OFFICE BUILDINGS AT 2404 ELECTRIC ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT. WHEREAS, the first reading of this ordinance was held on August 22, 2006, and the second reading and public hearing were held September 26, 2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 5, 2006; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.26 acre, as described herein, and located at 2404 Electric Road, (Tax Map Number 76.11-01- 17.00) in the Low Density Residential District to the zoning classification C-1, Office District, with conditions. 2. That this action is taken upon the application of R. Fralin Development Corporation. 3. That the owner of the property, William Herbert Liles, II, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: i. The site will be developed in substantial conformance with the Site Plan dated 8-29-06, titled "Wentworth Office Park", prepared by Balzer and Associates, Inc. 1 ii. The building will be developed in general conformance with the Architectural Rendering dated 8-29-06, titled "Wentworth Office Park", prepared by Balzer and Associates, Inc. iii. All parking lot lighting shall be post top fixtures no more than 12' tall with fully concealed fixtures and arranged so glare is not cast onto the adjoining properties. iv. The dumpster shall be serviced between 7 a.m. and 10 p.m. and in accordance with the Roanoke County Noise Ordinance. V. The proposed fencing shall be a minimum of 6 feet tall and the side of the fence facing the adjoining properties shall be finished. vi. The proposed sign shall be a monument style sign and shall be designed to generally match the architecture and materials of the buildings. vii. A minimum of 6 street trees and 35 shrubs will be planted along the Rt. 419 Right of Way. viii. A safety fence shall be installed along the perimeter of the retaining wall. 4. That said real estate is more fully described as follows: Beginning at a point at the southeasterly intersection of the right-of-way line of Electric Road (VA Route 419) and the right-of-way line of Wentworth Road, being the northwesterly corner of a 1.26 acres tract; thence continuing along the southerly right-of- way line of Wentworth Road N 851 04'00" E, 310.65 feet to a point at the most northerly corner of Lot 4, Sugar Loaf East, Section 1, Block 1 (Plat Book 7, Page 20); thence leaving said right—of-way line and continuing along the westerly line of said Lot 4 S 13118'00" E. 131.00 feet to a point at the northeasterly corner of Lot 3 of said Sugar Loaf East; thence along the northerly line of Lot 3, Lot 2 & Lot 1 of said Sugar Loaf East S 640 33' 00" W, 286.64 feet to a point on the easterly right-of-way line of Electric Road; thence leaving the line of Sugar Loaf East and continuing along the easterly right-of-way line of Electric Road N 330 41' 00" W, 27.85 feet to a point; thence N 180 02' 00" W, 211.16 feet to the Point of Beginning, containing 1.26 acres as shown on survey entitled "Plat Showing Property of William Herbert Liles, II & Rose Crocker Liles" dated May 4, 1989 recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia in Deed Book 1304, Page 1364. 5. 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 to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: kid' 10 ) � , 31 1&4 1� Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 2006 ORDINANCE 092606-6 TO VACATE, QUIT -CLAIM AND RELEASE A FIFTEEN FOOT WIDTH DRAINAGE EASEMENT AND A VARIABLE WIDTH WATERLINE EASEMENT DEDICATED IN PLAT BOOK 28, PAGE 128, AND TO ACCEPT DEDICATION OF A NEW FIFTEEN FOOT WIDTH DRAINAGE EASEMENT AND NEW VARIABLE WIDTH WATERLINE EASEMENT OVER PROPERTY CURRENTLY OWNED BY R. FRALIN DEVELOPMENT CORPORATION (TAX MAP NUMBERS 035.00-00-01-27.01 AND 35.04-07-15.00), LOCATED IN HANGING ROCK TERRANCE SUBDIVISION IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, by an approved subdivision plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 28, page 128, R. Fralin Development Corporation, as owner of the property designated on the Roanoke County Land Records as Tax Map No. 35.04-07-15.00, conveyed to the Board of Supervisors of Roanoke County, Virginia, a fifteen (15) foot width drainage easement and a variable width waterline easement as depicted on Exhibits "A-1" & "A-2", "EASEMENT VACATION SKETCH FOR R. FRALIN DEVELOPMENT CORPORATION SHOWING THE VACATION OF PUBLIC WATER LINE EASEMENTS AND A 15' PUBLIC DRAINAGE EASEMENT ON "REVISED STORMWATER MANAGEMENT AREA" HANGING ROCK TERRACE, SECTION 2, PLAT BOOK 30, PAGE 120, CATAWBA MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA", prepared by Balzer and Associates, dated August 30, 2006. WHEREAS, R. Fralin Development Corporation is the current owner of Section 1 and Section 2, Hanging Rock Terrace Subdivision, and the subject property is located adjacent to Conners Run, a dedicated public right-of-way in the Catawba Magisterial District, and is now designated upon the Roanoke County Land Records as Tax Map Nos. 35.04-07-15 and 35.00-01-27; and, WHEREAS, the Petitioner, R. Fralin Development Corporation, as the current owner of these properties, has requested that the Board of Supervisors vacate, quit- claim and release the above-described existing fifteen (15') foot width drainage easement and variable width waterline easement and accept the dedication of a new fifteen (15') foot width drainage easement and variable width waterline easement (as shown on Exhibits A-1, A-2, B-1 and B-2 attached hereto); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, NOW, 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, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 12, 2006, and a second reading and public hearing were held on September 26, 2006. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portions of public drainage easement and waterline easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That subject to the following conditions, the vacation, quit -claim and release of an existing fifteen (15') foot width drainage easement and variable width 2 waterline easement across property of R. Fralin Development Corporation in Section 1 and Section 2, Hanging Rock Terrace subdivision, located adjacent to Conners Run right-of-way in the Catawba Magisterial District of the County of Roanoke, designated as "EXISTING 15' PUBLIC D.E. AS SHOWN ON `HANGING ROCK TERRACE' SECTION 1, P.B. 28, PG.128 TO BE VACATED and EXISTING 13.5 PUBLIC W.L.E. & PORTION OF 20' PUBLIC W.L.E. AS SHOWN ON `HANGING ROCK TERRACE' SECTION 1, P.B. 28, PG. 128, TO BE VACATED" on Exhibits A-1 & A-2 attached hereto, is hereby authorized and approved. 4. That, subject to the following conditions, the acceptance of a new fifteen (15') foot drainage easement and variable width water line easement across property of R. Fralin Development Corporation, Sections 1 & 2, Hanging Rock Terrace subdivision, located adjacent to Conners Run public right-of-way in the Catawba Magisterial District of the County of Roanoke, designated as "NEW 15' PUBLIC D.E. AS SHOWN ON `HANGING ROCK TERRACE' SECTION 2, P.B. 30, PG. 120 and NEW 13.5 PUBLIC W.L.E. & PORTION OF 20' PUBLIC W.L.E. AS SHOWN ON `HANGING ROCK TERRACE' SECTION 2, P.B. 30, PG 120" on Exhibits B-1 & B-2, attached hereto, is hereby authorized and approved. 5. That Petitioner, R. Fralin Development Corporation shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an easements, alternative drainage system, surveys, publication, and recordation of documents; and, 3 6. 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 this vacation, quit -claim, and release, and dedication of new easements, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272(2) of the Code of Virginia, 1950, as amended. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: k 0 fi- I ti I � - d, /&�) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney I hereby certify that the foregoing is a true and correct copy of Ordinance 092606-6 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 26, 2006. Brenda J. Holton, Deputy Clerk 0 1 W or �l ^�o O to N Z 0= u �� — �9 pQ =a- O c w, as �� °fid oZ Q� `D�o� Ute" W Ow 0 Nco ¢ U W r-� p t o qQz {1 M W O� J�w()oc)5 CN ¢? 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"SAME - IMPOUNDMENT" OF ARTICLE II. "DOGS, CATS AND OTHER ANIMALS" OF CHAPTER 5. "ANIMALS AND FOWL" TO INCREASE THE DAILY IMPOUNDMENT FEE CHARGED BY ROANOKE COUNTY FROM $8.75 TO $10.00 PER DAY PER ANIMAL AND TO INCREASE THE PICKUP FEE FOR THE FIRST OFFENSE FROM $20.00 TO $25.00 WHEREAS, the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. provides housing, care, disposal, and adoption services for animals for several local governments in the Roanoke Valley; and WHEREAS, operating costs for the RVSPCA are offset by charging the participating localities a per animal per diem fee to provide these services; and WHEREAS, the RVSPCA has increased its fee from $8.75 to $10.00 per day per animal causing a deficit in the amount budgeted by the Police Department to cover costs associated with its use of the RVSPCA facilities. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: 1. That Section 5-29. Same -Impoundment be, and hereby is, amended to read and provide as follows: Article 11. Dogs, Cats and Other Animals. Sec. 5-29. Same --Impoundment. (a) It shall be the duty of the community service officer or other officer to cause any dog found running at large in violation of section 5-28 or any dog or cat creating an animal nuisance in the presence of the officer as defined by section 5-21 to be caught and confined in the county animal shelter. Every reasonable effort shall be made on the part of the community service officer or other officer to determine the ownership of an animal so confined if the animal has an identifying collar, tag, license or tattooed 1 identification or electronic implant and to notify the owner of its whereabouts. Such officer shall make a reasonable effort within forty-eight (48) hours of the animal's confinement to notify any owner who may be readily identified of such confinement. (b) A dog or cat or other domestic animal confined under this section or other lawful authority may be claimed by the rightful owner after displaying proof of ownership, a current dog or cat license and proof of current rabies inoculation of the animal. No dog or cat shall be released to any person claiming ownership, unless such license and proof have been displayed. (c) An owner claiming his animal pursuant to subsection (b) above shall be required to pay the actual expense incurred by the county in keeping the animal confined. Such payment shall be made to the custodial officer at the time of the release of the animal. It shall be the duty of the custodial officer to furnish the owner with a written receipt for such payment, in a form and manner approved by the board of supervisors. Such officer shall keep a carbon copy of all such receipts in a bound book, which shall be turned over to the county treasurer when the book is filled and shall be subject to audit by representatives of the board of supervisors whenever requested. In the event any domestic animal confined at county expense is sold, an amount equal to the actual expense incurred by the county in keeping the animal confined shall be deducted from the sale proceeds as funds payable pursuant to this subsection. Any funds collected pursuant to this subsection shall be remitted to the police department's animal impoundment account. No payment made under this subsection shall relieve the owner from prosecution for violating section 5-28. (d) Any animal confined pursuant to this section shall be kept for a period of not less than five (5) days, commencing on the day immediately following the day such animal is initially confined, unless sooner claimed by its rightful owner or such owner has surrendered all property rights in such animal, before it may be disposed of. Any animal whose identity may be readily identified shall be kept for an additional period of five (5) days or a total of ten (10) days, before it may be disposed of or delivered to an individual for adoption and payment of all required fees. (e) A pickup fee of twenty-five dollars ($25.00) for the first offense, thirty-five dollars ($35.00) for the second offense, and fifty dollars ($50.00) for the third offense shall be imposed in addition to the normal board fee of ten dollars 10.00 per day when any dog or cat or domestic animal is claimed by its owner or custodian. All such fees shall constitute a civil debt owning to the county and may be enforced against such owner or custodian by civil warrant, suit or action at law or other legal proceeding. (f) Feral dogs or cats not bearing identification which exhibits behavior that poses a risk of physical injury to any person confining the animal will be confined for a period of not less than three (3) day before being euthanized in accordance with Section 3.1- 796.96 of the Code of Virginia, 1950, as amended. 2 n s 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A C PY TESTE: / /7 1 ti ) ( � . 31 Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court Doris J. Johnson, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) 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 3 Tarek Moneir, Deputy Director, Development Services Philip Thompson, Deputy Director, Planning 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 0