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HomeMy WebLinkAbout12/5/2006 - Adopted Board RecordsACTION NO. A-120506-1 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: December 5, 2006 AGENDA ITEM: Request to approve funding in the amount of $184,775 for renovations to the Roanoke County Courthouse SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Some of this area has previously been remodeled; however due to the need for expansion of the offices, additional renovations are needed which include removal of a wall and realignment of the hallway and elevator. In addition, the area previously occupied by the Court Services Unit has not been renovated since the courthouse initially opened in 1985. Staff looked for ways to absorb these costs within the General Services operating budget but were unable to do so. It is recommended that the funding be taken from the County Minor Capital Fund. SUMMARY OF INFORMATION: The Roanoke County Courthouse was built in 1985. Since that time, various renovations have been needed to keep pace with technology and to adjust to increasing workloads. As with any 20 year old building, funding has also been needed for repair and replacement of major equipment. Since 2001, the County has been working to renovate the facility and replace old and worn out equipment. Within the past five years, most of the furniture and carpet has been reupholstered or replaced, and technology has been upgraded in the Circuit Court areas. Additionally, the HVAC system in the Commonwealth's Attorney's office has been replaced, and some of the area vacated by the Court Services Unit has been renovated for the Sheriff's office. Several areas are still in need of upgrading or renovation: Juvenile & Domestic Relations Court Clerk's Office renovations: The Clerk's Office is cramped and lacks sufficient storage area for the current caseload. Space is available for expansion into some of the area vacated by the Court Services Unit two years ago. Proposed renovations include removal of a wall, rearrangement of work stations, moving an office, and realigning a secure elevator. This will also provide small office areas for the judges who preside in this court but may have their main offices in other courthouses in the Valley. ADA accessibility: The double doors into the courtrooms are not wide enough to allow wheelchair access. When someone in a wheelchair needs to be in court, the deputies must lift the person out of the chair and carry him or her into the courtroom, which is not only demeaning, but also dangerous. The proposed retrofit would remove the middle bar between the two doors, making the opening more than wide enough for accessibility. Renovation of break areas in iury rooms: The original equipment provided in the jury rooms consisted of one piece metal cabinets which included a sink, a small stove, and storage area. None of these work properly and are impractical in a modern setting. The proposal includes replacing these one-piece units with cabinets, space for a microwave, a sink and a small refrigerator to allow the workers and juror's access to a snack area. Carpet replacement in Clerk of the Circuit Court Office: Some of the carpet in the Clerk's Office has worn out and become unglued, presenting a safety hazard. There have been several instances of people tripping and it is possible in the future that someone may be seriously injured. The carpet is old and stained, and will be replaced with darker material that won't show as much wear and tear. Upholstery in Juvenile and Domestic Relations Court area: The upholstery in the waiting areas outside of the J&DR courtrooms and in the judges' offices is original to the building. It is old and severely worn, and needs to be replaced in a manner similar to that in the Circuit Court wing of the building. Staff does not anticipate any other major repairs or renovations in the near future. There should not be another major issue until the replacement of HVAC components, which will take place sometime within the next ten years. FISCAL IMPACT: Juvenile and Domestic Relations Clerk's Office Renovations ADA Doors Break areas CC Clerk Carpet Upholstery for J&DR Court Contingency Total Funding is available in the County Minor Capital Fund. 2 $108,000 19,000 15,775 4,000 22,000 $168,775 16,000 $184,775 STAFF RECOMMENDATION: Staff recommends approval of the request for funding for renovations to the Roanoke County Courthouse to improve working conditions and service levels for employees and users of the facility. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Anne Marie Green, Director, General Services Rebecca Owens, Director, Finance Steven McGraw, Clerk, Circuit Court Ruth Johnson, Clerk, Juvenile and Domestic Relations Court 3 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Anne Marie Green, Director, General Services Rebecca Owens, Director, Finance Steven McGraw, Clerk, Circuit Court Ruth Johnson, Clerk, Juvenile and Domestic Relations Court 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 ORDINANCE 120506-2 ADOPTING, AMENDING AND REENACTING AND REPEALING VARIOUS SECTIONS OF CHAPTER 5. ANIMALS AND FOWL OF THE ROANOKE COUNTY CODE TO CONFORM TO THE CODE OF VIRGINIA WHEREAS, the General Assembly for the Commonwealth of Virginia has adopted various amendments to the Comprehensive Animal Laws, which are the enabling legislation for local governments to address problems with dogs, cats and other animals; and WHEREAS, it is necessary to amend Chapter 5, ANIMALS AND FOWL of the Roanoke County Code to incorporate these amendments and to bring the County Code into conformity with the enabling legislation; and WHEREAS, the first reading of this ordinance was held on November 14, 2006 and the second reading was held on December 5, 2006. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That various sections of Chapter 5, ANIMALS AND FOWL, of the Roanoke County Code be amended and reenacted as follows: ARTICLE I. IN GENERAL Sec. 5-1. Animal control officer generally. (a) There is hereby created the position of community service officers for the county. Such officers shall be appointed by the chief of police. (b) The community service officers are sworn police officers who shall enforce the provisions of this chapter relating to dogs and other domestic animals, all other ordinances of the county, the laws of the Commonwealth of Virginia and perform such other duties as prescribed by the chief of police. (c) Such number of community service officers as are authorized by the board of supervisors shall be appointed by the chief of police. (d) The community service officers shall be deemed to be the county's animal control officer wafden, within the meaning of section 3.1-796.104. of the Code of Virginia. ARTICLE II. DOG, 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: Adequate care or care means the responsible practice of good animal husbandry, handling production management confinement feeding watering, protection, shelter, transportation treatment and when necessary euthanasia appropriate for the age species condition size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. Adequate exercise or exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age species size, and condition of the animal. Adequate feed means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health: is accessible to each animal, is prepared so as to permit ease of consumption for the age species, condition, size and type of each animal-, is provided in a clean and sanitary manner is placed so as to minimize contamination by excrement and pests and is provided at suitable intervals for the species age and condition of the animal but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Adequate shelter means provision of and access to shelter that is suitable for the species age, condition size and type of each animal: provides adequate space for each animal: is safe and protects each animal from in�u[y, rain, sleet, snow, hail, direct sunlight the adverse effects of heat or cold physical suffering and impairment of health is properly lighted: is properly cleaned: enables each animal to be clean and dry, except when detrimental to the species-, and for dogs and cats provides _a solid surface resting platform pad floormat or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire grid or slat floors (i) permit the animals' feet to pass through the openings (ii) saq under the animals' weight or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. Adequate space means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered ""adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal: is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from iniuryand prevent the animal or tether from becoming entangled with other objects or animals or from extending over an obiect or edge that could result in the strangulation or injury of the animal: and is at least three times the length of the animal as measured from the tip of its nose to the base of its tail except when the animal is being walked on a leash or is attached by a tether to a lead line When freedom of movement would endanger the animal temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Adequate water means provision of and access to clean fresh potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals but at least once every 12 hours to maintain normal hydration for the age species condition size and type of each animal except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species: and is provided in clean durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. Animal nuisance: Is created when any companion animal, dog, cat or other domestic animal unreasonably annoys humans, endangers the life or health of other animals or persons or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. Such acts of nuisance shall include, but are not limited to, the following: (1) Damages property other than that of the animal's owner; (2) Attacks or disturbs other animals, persons or vehicles by chasing, barking or biting, (3) Makes excessive noises including, but not limited to, barking, whining, howling, caterwauling or crying; (4) Creates noxious or offensive odors; (5) Defecates upon any public place or upon premises not owned or controlled by the owner unless promptly removed by the animal's owner; or (6) Creates an unsanitary condition or insect breeding site due to an accumulation of excreta or filth. 3 "Companion animal" means any domestic or feral dog domestic or feral cat, _nonhuman primate, guinea piq, hamster, rabbit not raised for human food or fiber, exotic or native animal reptile exotic or native bird or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought sold traded, or bartered by any person Agricultural animals game species or anv animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. "Dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat or killed a companion animal that is a dog or cat, however, when a dog attacks or bites a companion animal that is a dog or cat another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite, (ii) both animals are owned by the same person, (iii) if such attack occurs on the property of the owner or custodian of the attacking or biting dog, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat anotheF dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Owner. Any person having a right of property in a companion animal, dog or cat, and any person who keeps or harbors a companion animal, dog or cat or has the companion animal, dog or cat in his care or who acts as its custodian, and any person who permits a companion animal, dog or cat to remain on or about any premises occupied by him. To run at large: A domestic or feral dog exotic or poisonous animal or exotic bird or oult dog shall be deemed to run at large while roaming, running or self -hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. IMM MM�S; MM MR 11 _ - - - "Dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat or killed a companion animal that is a dog or cat, however, when a dog attacks or bites a companion animal that is a dog or cat another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite, (ii) both animals are owned by the same person, (iii) if such attack occurs on the property of the owner or custodian of the attacking or biting dog, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat anotheF dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Owner. Any person having a right of property in a companion animal, dog or cat, and any person who keeps or harbors a companion animal, dog or cat or has the companion animal, dog or cat in his care or who acts as its custodian, and any person who permits a companion animal, dog or cat to remain on or about any premises occupied by him. To run at large: A domestic or feral dog exotic or poisonous animal or exotic bird or oult dog shall be deemed to run at large while roaming, running or self -hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. 0 CC 0 "Vicious dog" means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person including multiple bites serious disfigurement, serious impairment of health or serious impairment of a bodily function; or ►►► continued to exhibit the behavior that resulted in a previous finding by a court or on or before July 1 2006 by an animal control officer as authorized by local ordinance that it is a dangerous dog, provided that its owner has been given notice of that f►ndrng. Sec. 5-22. Violations of article. — REPEALED. Sec. 5-26.1. Dangerous dogs; vicious dog; penalties; procedures. (a) Dangerous dog. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a dangerous dog, as defined by section 5-21, except in strict compliance with section 5-26.3 of this Code. if after heaFiRg dog's If any dog previously declared to be a dangerous dog bites a human being or attacks a human being causing bodily injury, such owner shall be guilty of a Class 1 misdemeanor. (b) Vicious dog. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a vicious dog, as defined by section 5-21. If, after hearing evidence, the court finds any dog to be a vicious dog, the court shall, in addition to any other penalties imposed, order the community service officer to euthanize the dog. if any GWReF knew eF reaSORably should have kReWR any 0 (c) Procedures. (1) Any community service and/or police officer who has reason to believe that a canine or canine crossbreed within the county is a dangerous dog or vicious dog shall apply to a magistrate within the county for the issuance of a summons OF waffan requiring the owner or custodian, if known, to appear before the county general district court at a specified time. The summons ef- shall advise the owner or custodian of the nature of the proceeding and the matters at issue. When a waFFaRt has been a summons issued pursuant to this section, the community service officer and/or police officer may, in his discretion, confine the dog until such time as evidence shall be heard and a verdict rendered. Otherwise, the owner or custodian shall confine the dog until the evidence shall be heard and a verdict rendered. The court may, through its contempt power, compel the owner, custodian or harborer of any dog to produce it for the community service officer and/or police officer. In the event any dog is found to be a dangerous dog or a vicious dog, the owner or custodian of such dog shall be responsible for payment to the county of any expenses of impounding and keeping the dog pending disposition of the case at the rate prescribed by the county board of supervisors. 26.3 of this eede. if the animal's GWReF E)F oustedian disagFees with the GE)MMUnit di triGt GGUr+ fnr a trial on the merit (2) If, after hearing the evidence the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with Sections 5-26.2 and 5.26.3 of the county code If, after hearing the evidence the court finds that the animal is a vicious dog the court shall order the animal euthanized in accordance with state law. (d) If the owner or custodian of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this chapter. (e) All fees collected pursuant to this section, less the costs incurred by the county in producing and distributing the licenses and tags required by ordinance, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training courses required by community service officers under § 3.1 796. 3.1-796.104 of the Code of Virginia or its successor. lei Sec. 5-26.2. Licensure of dangerous dog. (a) The owner or custodian of any dog found by a court to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate or license from the treasurer by paying the fee required by section 5-44 of this Code. The treasurer shall provide the owner or custodian with a uniformly designed tag which identifies the dog as a dangerous dog. The owner or custodian shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All certificates or licenses issued pursuant to this section shall be renewed annually as required by section 5-44 of this Code. The community service officer shall provide a copy of the dangerous dog registration certificate or license and verification of the owner's compliance with the requirements of this article to the State Veterinarian. (b) No dangerous dog license shall be issued until the applicant has filed with the treasurer the insurance certificate required by section 5-26.3(c). The treasurer shall immediately forward a copy of such certificate to the police department and the county's risk manager for review and filing. The risk manager shall immediately notify the community service and/or police officer of any noncompliance with the provisions of section 5-26.3(c) of which the risk manager becomes aware. (c) Any license or renewal required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (1) of the dog's current rabies vaccination, (2) that the provisions of subsections (a), (b) and (d) of section 5-26.3 have been complied with, and (3) that the animal has been neutered or spayed. Sec. 5-26.3. Keeping dangerous dogs; conditions. It shall be unlawful for any owner of any dangerous dog to own, keep, or harbor any such dog within the county except in compliance with each of the following conditions and specifications: (c) The owner of any dangerous dog shall procure and maintain public liability insurance in the amount of one hundred thousand dollars ($100,000) insuring the owner for any injury or damage caused by such dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by this subsection at the premises where such dog is kept and shall, upon request, display such policy and certificate to any community service officer or police officer. 7 Sec. 5-28. Running at large --Prohibited. (a) It shall be unlawful for the owner of any domestic or feral dog, exotic or poisonous animal or exotic bird or poultry deg to permit such domestic or feral dog, exotic or poisonous animal or exotic bird or poultry deg to run at large in the county at any time during any month of the year. (b) This section shall not apply to a dog companion animal engaged in lawful hunting in open season or when being trained or exercised and accompanied by its owner or custodian or under the immediate control of its owner or custodian. Sec. 5-29. Same --Impoundment. (a) It shall be the duty of the community service officer or other officer to cause any dog or animal 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 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 or companion 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, of cat, or companion animal shall be released to any person claiming ownership, unless such license and proof have been displayed. Sec. 5-33. Disposal of dead dogs. companion animal. The owner of any dog companion animal which has died from disease or other cause shall forthwith cremate or bury the same. If, after notice, the owner fails to do so, the community service officer or other officer shall bury or cremate the deg companion animal and he may recover, on behalf of the county, from the owner his cost for this service. All sums recovered under this section shall be deposited to the community service animal impoundment account. E Sec. 5-34. Penalties. A violation of any provision of this article and any "animal nuisance" as defined in sections 5-21 may also be corrected, removed or abated through an appropriate action at law or suit in equity by any person suffering injury or or damage therefrom. (a) Except as otherwise specifically provided, the penalties for violations of all sections of this chapter shall be as follows: (1) For the first offense, a fine of not less than twenty dellaFs twenty-five dollars ($25) nor more than one hundred dollars $( 100E (2) For a second offense within a consecutive twelve-month period, a fine of not less than. fifty dollars($50) nor more than one hundred fifty dollars ($150). (3) For a third and all subsequent offenses, a fine of not less than fifty -del . one hundred fifty dollars ($150) nor more than two hundred fifty dollars ($250.00 (4) The judge trying case may order any animal permanently removed from the county within twenty-four (24) hours of such order. Sec. 5-37. Abandonment of animal; penalty. No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency. 2. This ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: 0 AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TE Mary Y/. Brandt Assistant Deputy Clerk 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 Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Janet Scheid, Chief Planner Rebecca Owens, Director, Finance David Davis, Court Services 10 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 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 ORDINANCE 120506-3 TO ACCEPT THE CONVEYANCE OF 152.274 ACRES OF REAL ESTATE (PORTIONS OF TAX MAP NO. 39.00-1-1.3 AND 39.02-4-27.02) LOCATED ON READ MOUNTAIN FROM FRALIN & WALDRON, INC. TO THE BOARD OF SUPERVISORS WHEREAS, Fralin and Waldron, Inc. wishes to donate to the County a parcel of real estate consisting of 152.274 acres located on Read Mountain; and WHEREAS, this parcel is encumbered with a conservation easement in favor of the Virginia Outdoors Foundation (VOF) and the Read Mountain Alliance is awaiting grant approval for funding to improve access and trailhead parking for this property; and WHEREAS, Fralin & Waldron will convey this property without cost to the County of Roanoke to protect this portion of Read Mountain for the benefit of the citizens of and visitors to the Roanoke Valley; and WHEREAS, the acceptance of this conveyance is consistent with the adopted Community Plan, and it will support the open space and viewshed protection policies and goals of the County and provide enhanced opportunities for passive recreational uses; and 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 will be held on November 14, 2006, and the second reading will be held on December 5, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition by donation from Fralin & Waldron, Inc. of a 152.274 acre parcel of real estate located on Read Mountain (portions of Tax Map No. 39.00-1- 1.3 and 39.02-4-27.02), is hereby authorized and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of 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 Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TE MaryBrandt Assis ant Deputy Clerk 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 1► AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 RESOLUTION 120506-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - 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 December 5, 2006, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Approval of minutes — November 12, 2006 and November 14, 2006 2. Resolution amending resolution 111406-3.c establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2007 3. 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. 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 TES Mary W Brandt Assist/ant Deputy Clerk cc: File Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 RESOLUTION 120506-4.a AMENDING RESOLUTION 111406-3.c ESTABLISHING AN ORGANIZATIONAL MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2007 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2007, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 9, 2007 at 3 pm Tuesday, January 23, 2007 at 3 pm and 7 pm Tuesday, February 13, 2007 at 3 pm Tuesday, February 27, 2007 at 3 pm and 7 pm Tuesday, March 13, 2007 at 3 pm Tuesday, March 27, 2007 at 3 pm and 7 pm Tuesday, April 10, 2007 at 3 pm Tuesday, April 24, 2007 at 3 pm and 7 pm Tuesday, May 8, 2007 at 3 pm Tuesday, May 22, 2007 at 3 pm and 7 pm Tuesday, June 12, 2007 at 3 pm Tuesday, June 26, 2007 at 3 pm and 7 pm Tuesday, July 10, 2007 at 3 pm Tuesday, July 24, 2007 at 3 pm and 7 pm Tuesday, August 14, 2007 at 3 pm Tuesday, August 28, 2007 at 3 pm and 7 pm Tuesday, September 11, 2007 at 3 pm Tuesday, September 25, 2007 at 3 pm and 7 pm Tuesday, October 9, 2007 at 3 pm Tuesday, October 23, 2007 at 3 pm and 7 pm Tuesday, November 13, 2007 at 3 pm and 7 pm Tuesday, December 4, 2007 at 3 pm Tuesday, December 18, 2007 at 3 pm and 7 pm 2. That the organizational meeting for 2008 shall be held on Wednesday Tuesday, januaFy 9, January 8, 2008 at 2:00 p.m. 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 TE aVtant . Brandt Ass Deputy Clerk cc: File Paul Mahoney, County Attorney 2 ACTION NO. 120506-4.b ITEM NO. 1-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 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. Western Virginia Regional Jail Authority The one-year terms of Joseph P. McNamara, elected representative, and Richard C. Flora, alternate elected representative, will expire on December 31, 2006. Based on the rotation schedule established by the Board, Supervisor Flora is scheduled to move to the elected representative position and Supervisor Altizer is scheduled to become the alternate elected representative. It was the consensus of the Board to appoint Richard C. Flora to serve as the elected representative and Michael W. Altizer to serve as the alternate elected representative. These one-year terms will expire on December 31, 2007, and confirmation of these appointments was added to the consent agenda. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Western Virginia Regional Jail Authority File Yes No Absent Mr. McNamara ® F1 El Mr. Church ® F -I El Mr. Altizer ® F -I El Mr. Flora ® 0 El [Mr. Wray ® 0 El cc: File Western Virginia Regional Jail Authority File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2006 RESOLUTION 120506-5 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, Wray NAYS: None ABSENT: Supervisor Flora AC PYTE Mary . Brandt Assistant Deputy Clerk cc: File