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
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, 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.
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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
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, 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:
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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
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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
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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.
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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
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 26, 2006
ORDINANCE 092606-7 AMENDING SECTION 5-29. "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
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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