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Home My WebLink About8/23/2011 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION BUILDING ON TUESDAY, AUGUST 23, 2011 ORDINANCE 082311 -1 AMENDING CHAPTER 13 — "OFFENSES - MISCELLANEOUS" ARTICLE I — "IN GENERAL" OF THE ROANOKE COUNTY CODE TO PROVIDE FOR REGULATION OF PNEUMATIC GUNS IN ROANOKE COUNTY WHERAS, the 2011 session of the Virginia General Assembly adopted SB757 which bans any locality from adopting an ordinance that prohibits the shooting of pneumatic guns on private property, with permission of the owner of the property, if reasonable care is taken to prevent a projectile from crossing the bounds of the property; and WHEREAS, this legislation also invalidates any local ordinances that conflict with it; and WHEREAS, it is necessary to amend the Roanoke County Code in order to bring it into compliance with this mandate from the General Assembly; and WHEREAS, the first reading of this ordinance was held on July 26, 2011; and the second reading was held on August 9, 2011. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 13 — "Offenses- Miscellaneous" Article 1 — "In General" be amended to read and provide as follows: Sec. 13 -4. - Discharge of firearms air runs etc or any similar gun or device, generally. g ....... ....... g y (a) It shall be unlawful for any person to shoot or discharge any firearm, air Page 1 of 3 (c) This section shall not apply to federal, state or local law- enforcement officers in the performance of their duties. 2. That a new Section 13 -4.1. — "Pneumatic guns" be adopted to read and provide as follows: Sec. 13 -4.1. - Pneumatic guns. (a) As used in this section, "pneumatic gun" means any implement, designed as a gun that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. (b) Pneumatic guns may be used at facilities approved for shooting ranges, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. "Reasonable care" means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. Minors may use such implements only under the following conditions: (1) Minors under the age of 16 must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof. (2) Minors 16 years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations and restrictions governing the use thereof. (3) Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, junior reserve officers training corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, Page 2of3 any service of the Department of Defense and similar groups approved by the chief of police, or any person authorized by these authorities to certify ranges and instructors. (4) Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in areas where such facilities are permitted by the county's zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use. (c) A violation of this section shall constitute class 3 misdemeanor. 3. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney Page 3 of 3 ACTION NO. A- 082311 -2.a ITEM NO. 1 -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 2011 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $130,000 for grant number WV -001 /06 -11 from the Virginia Department of Health SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grant: The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a fifty percent (50 %) matching grant number WV- 001/06 -11 totaling $130,000 for a four -wheel drive ambulance. The Virginia Department of Health will fund fifty percent (50 %) of the ambulance amount which equates to $65, 000. The remaining $65,000 will be funded by Fire and Rescue's existing budget in 487100- 8502. FISCAL IMPACT: The Roanoke County Fire and Rescue Department has budgeted $65,000 from 487100- 8502 for the 50% match that the State requires for the grant to purchase the Ambulance. ALTERNATIVES: The department will not be able to purchase the new ambulance without the matching funds from the State. (Grant #WV- C01/06 -11) Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grant funds in the amount of $65,000 and matching funds in the amount of $65,000 into the Fire and Rescue Department's budget. The total amount of the ambulance purchase is $130,000. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION ATION CENTER ON TUESDAY, AUGUST 23, 2011 RESOLUTION 082311-2.b EXPRESSING THE APPRECIATION of THE BOARD of SUPERVISORS of ROANOKE COUNTY TO JOY A. JENF INS, ELIGIBILITY WORKER EF — SOCIAL SERVICES, UPON HER RETIREMENT AFTER FIVE YEARS OF SERVICE WHEREAS, .boy A. Jerkins was hired on July 10, 2006 in the Social Service Department as an Eligibility Worker; and WHEREAS, Ms. Jenkins retired on August 1, 2011, after fire years of devoted, faithful and expert service with the County; and WH E R EAS during h er tir serving Roanoke County's Social Services D parrtm nt Nis. Jenkins functioned as ar policy resource for the eligibility unit and was known throughout the State for her profound knowledge of the Supplemental Nutrition Assistance Program. She was instrumental in developing numerous case management tools that contributed to the department successfully meeting the State and Federal tim lin and accuracy goals for the processing of benefit program a pplications. She was wonderful mentor to those around her and set the standard for all eligibility workers to follow; and NOW, THEREFORE, E, E IT RESOLVED that th Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roaroa n oke County to JOY A. JENKINS for fire years of capab l , loyarl and dedicated service to Roanoke County; and FURTHER, , the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 2 on motion of Su pervis r Alti er to adopt the resolution, and carried by the folio in recorded vote: AYES Supervisors Moore, Alti er, Flora, Elswic , Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD D F SUPERVISORS OF ROANOKE COUNTY, IRGINIA, HELD AT THE F AN KE COUNTY ADMINISTRATION CENTER N TUESDAY, AUGUST 23, 2011 RESOLUTION 08231 1 - APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH TH THE BOARD OF SUPERVISORS [S F S AGENC A FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED LVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Thant the certain section of th agenda of the Board of Supervisors for August 23, 2011, designated as Item 1 - Consent Ag ndar be, and hereby i , approved and concurred in as to each item separately set forth in said section designated Items 1 through 12 inclusive, as follows: 1. Approval of Minutes — 07-12-2011 07-26-2011 2. Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $130,000 for grant number WV-001/06-11 from the Virginia Department of Health 3. Resolution expressing the appreciation of the Board of Sup of Roanoke County to .Joy A. ,Jenkins, Eligibility Worker — Social Services upon her retirement after five y of service 4. Resolution expressing the appreciation of the Baird of Supervisors of Roanoke County to Anne L. Wagner, Assistant Registrar, upon her retirement after more than seventeen years of service 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Harold (Huck) W. Ewers Police Lieutenant — Vice Unit, upon his retirement after more than twenty-six 2 years of service 6. Request to appropriate funds in the amount of $474 to the Roanoke County Public Schools 7. Confirmation of appointments to the Capital Improvement Program CIP Review Committee (appointed by District); Clean V alley Council; Parks, Recreation and Tourism Advisory Commission; Virginia's First Regional Industrial Facility Authority 8 . Request to accept and appropriate $91,760.26 in contributions from The Town of Vinton toward the shared purchase of a replacement ambulance 9. Request to accept and appropriate $1,617,760 fror the City of Roanoke for radio r im ur ment 16. F o oIution requesting restoration of State funding for Aid to Loca ities 11. Resolution amending Resolution 102610-5 appointing the Authority Board Members for the South Peak Community Development uthorit r 12. request to accept and appropriate a donation in the amount of $6,000 for the Roanoke Counter Public Library n motion of Supervisor Altize to adopt the resolution and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None CPS TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, Ir GINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION N CENTER N TUESDAY, AUGUST 23, 2011 RESOLUTION 082311-2.c EXPRESSING THE APPRECIATION of THE BOARD of SUPERVISORS of ROANOKE COUNTY To ANNE L. WAGNER, ASSISTANT REGISTRAR, UPON HER RETIREMENT AFTER MORE THAN SEVENTEEN YEARS of SERVICE WHEREAS, Anne L. Wagner, was hired on July 5, 1994, a a Permits Clerk in the Engineering Department and held positions as Treasurer Clerk I and Treasurer Clerk II in the Treasurer's office a nd was promoted to Assistant Registrar on M ay 2 0, 2002; and WHEREAS, Ms. Wagner retired on August 1, 2011, as the Assistant Registrar in the Registrar's Office after seventeen years and one month of devoted, faithful and expert s with the County; and WHEREAS, EAS, during her time soaring Roanoke County as Assistant Registrar, the number of registered voters in Roanoke County grew from 58,834 to 66,522; and WHEREAS, Ms. Wagner soared in the Elections department though many changes, including institution of new touch screen voting equipment in 2003, a tremendous advancement in the voting process, and institution of electronic poll books in 2010, expediting the voter check -in process. WHEREAS, during her time serving Roanoke k County as Assistant registrar, ids. Wagner completed courses through The Election Center, Houston, Texas, and the Voter Registrars Association of Virginia, and attained the certification of Virginia Registered Election Official. She is the recipient of the "Extra Mile Club award for providing outstanding customer s ervice to the employees and citizens of Roanoke County; and Page 1 of 2 NOW, THE REFORE , BE IT RESOLVE D that the Board of Supervisors of Roanoke e County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke county to ALIVE L. WAGNER for more than seventeen gears of capable, loyal and dedicated service to Roanoke County; and FURTHER, , the Board of Supervisors does express its best wishes fora happen and productive retirement. On motion of Supervisor Alti erto adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Alti er, Flora, El vick, Church COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD D F SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION N CENTER N TUESDAY, AUGUST 23, 2011 RESOLUTION 082311-2.d EXPRESSING THE APPRECIATION N F THE BOARD of SUPERVISORS ISORS F ROANOKE COUNTY TO HAROLD "HUGE " W. EWERS, S, POLICE LIEUTENANT — VICE UNIT, UPON HIS RETIREMENT EMENT AFTER MORE THAN TWENTY-SIX YEARS of SERVICE WHEREAS, Harold "Huck" W. Ewers r era employed by Roanoke County on December 11 , 1 984, as a Deputy Sheriff in the Sheriff's office; and WHEREAS, Lieutenant Ewers continued his law enforcement se rvice bytransferring to the newly established Police Department in 1990 where he served as Police officer, Criminal Investigator, Police Officer - Sergeant in the Uniform Patrol Division, Criminal Investigation Unit, and the Vice Unit, and Police Officer - Lieutenant in the Vice Unit; and WHEREAS, EAS, Lieutenant Ewers retired on June 1, 2011, from the Police Department after twenty -six years and five months of dutiful, faithful, and ex pert service w ith the County; and WHEREAS, during his time serving Roanoke County, Lieutenant Ewers performed a crucial role in protecting the life and property of citizens by honorably serving as a Police Officer; and WHEF EAS, Lieutenant Ewers, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens OW, THEREFORE, F E, EE IT RESOLVED than the Board of Supervisors of Roanoke County, Virginia ex presses its deepest appreciation and the appreciation of the citizens of Roanoke County to HAROLD "HUC " EWERS for more than twenty-six years of capable, loyal, and dedicated service to Roanoke County; and Page 1 of 2 FU RTH E IS, the Board of Supervisors does express its best wishes for a happy and p roductive retirement. n rn otion of Supervisor Altize r to adopt the resolution, and carried by the foIIowing recorded Grote: ES: Supervisors Moore, Altizer, Flora Elswick, Church N None CO TESTE Deborah C. Jac s Clerk to the Board of Supervisors Ig2of2 ACTION NO. A- 082311 -2.e ITEM NO. 1 -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 2011 AGENDA ITEM: Request to appropriate funds in the amount of $474 to the Roanoke County Public Schools SUBMITTED BY : Brenda Chastain Clerk, Roanoke County School Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On June 30, 2011, the Roanoke County School System received reimbursement from the Virginia Department of Education in the amount of $474. The funds are to be used to pay Advanced Placement (College Board) for AP tests taken by six (6) Roanoke County students. The students took an AP course through Virtual Virginia. The money originates from a federal grant that the Commonwealth receives. Funds will be used to pay Advanced Placement. The appropriation is for the 2010 -2011 fiscal year since the funds were received as of June 30, 2011, and were for expenditures incurred in 2010 -2011. FISCAL IMPACT: The Instructional Budget will be increased by $474. ALTERNATIVES: None STAFF RECOMMENDATION: Appropriation of funds in the amount of $474.00. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Brenda Chastain, Clerk to the Roanoke County School Board Diane Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Brenda Chastain, Clerk to the Roanoke County School Board Diane Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 082311 -2.f ITEM NO. 1 -7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 2011 AGENDA ITEM: Confirmation of appointments to the Capital Improvement Program (CIP) Review Committee; Clean Valley Council; Parks, Recreation and Tourism Advisory Commission; Virginia's First Regional Industrial Facility Authority SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District) Supervisor Elswick has appointed James Gray to represent the Windsor Hills Magisterial District to a one -year term that will expire August 31, 2012. Supervisor Moore has reappointed Gene Marrano to represent the Cave Spring Magisterial District for an additional one -year term that will expire August 31, 2012. 2. Clean Valley Council Supervisor Moore has reappointed Adam Cohen as the County appointee for an additional two -year term that will expire June 30, 2013. 3. Parks, Recreation and Advisory Commission (appointed by District) Chairman Church and Supervisor Flora have appointed Deborah George at the At- Large representative for a three -year term that will expire on June 30, 2014. Page 1 of 2 4. Virginia's First Regional Industrial Facility Authority During the closed meeting on July 26, 2011, the Board of Supervisors appointed Jill Loope to fill the unexpired term of Doug Chittum. Ms. Loope's term will expire on June 30, 2012. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Jill Loope, Acting Director of Economic Development Brent Robertson, Director of Management and Budget Pete Haislip, Director of Parks, Recreation and Tourism Arlain Martin, Secretary, Parks, Recreation and Tourism Advisory Commission Ann Masters, Executive Director, Clean Valley Council James E. Cornwell, Jr., Esquire, Sands Anderson Marks & Miller Dave Rundgreen, New Riber Valley Commerce Park Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Jill Loope, Acting Director of Economic Development Brent Robertson, Director of Management and Budget Pete Haislip, Director of Parks, Recreation and Tourism Arlain Martin, Secretary, Parks, Recreation and Tourism Advisory Commission Ann Masters, Executive Director, Clean Valley Council James E. Cornwell, Jr., Esquire, Sands Anderson Marks & Miller Dave Rundgreen, New Riber Valley Commerce Park Page 2 of 2 ACTION NO. A- 082311 -2.g ITEM NO. 1 -8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 2011 AGENDA ITEM: Request to accept and appropriate $91,700.25 in contributions from the Town of Vinton toward the shared purchase of a replacement ambulance SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Town of Vinton and Roanoke County have entered into an agreement to share in the purchase of a replacement ambulance for the Vinton station. To ensure consistency throughout the County, the Town of Vinton would like for Roanoke County Fire and Rescue to complete the purchase utilizing their existing ambulance contract. The Town of Vinton (utilizing grant funding) will contribute $91,700.25 to fund their portion of the purchase and Roanoke County Fire and Rescue will fund the remainder of the ambulance out of its budget. Roanoke County Fire and Rescue seeks acceptance and appropriation of this $91,700.25 into 487100 -8502. FISCAL IMPACT: The Town of Vinton will contribute $91,700.25 towards the purchase of the ambulance. STAFF RECOMMENDATION: Accept and appropriate $91,700.25 from the Town of Vinton to 487100 -8502. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 082311 -2. h ITEM NO. 1 -9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 2011 AGENDA ITEM: Request to accept and appropriate $1,617,760 from the City of Roanoke for radio reimbursement SUBMITTED BY: Bill Greeves Director of Communications and Information Technology APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 2007, Roanoke County began an upgrade to a digital radio system format, while the City of Roanoke opted to remain on the analog platform. Roanoke County proceeded to fund the infrastructure costs of upgrading to the digital radio platform and negotiated a contract with Motorola for the project services and related equipment. In the fall of 2009, the County completed its transition to the digital platform. During this period of divergence of the two systems, both of the organizations have expended effort and resources to ensure that we continue to inter - operate for the benefit of the public safety agencies and citizens of the County and City. Roanoke County has been working with the City of Roanoke and Motorola to transition the City's public safety radio channels to the digital radio technology. This conversion will restore the City and County to a jointly- owned, public safety radio system, which is to the benefit of the entire Roanoke Valley. The City will then be able utilize the digital components and services that the County has already contracted for and implemented during our digital radio conversion. Staff has evaluated the costs that would be shared by the City upon joining this digital radio system. These costs include technical and administrative support, hardware, software, and access to the "digital backbone" of the radio system. The costs do not cover hand -held units or consoles, which are the responsibility of each locality. Page 1 of 2 On June 21, 2010, the Roanoke City Council approved the issuance of bonds and appropriation of funds for this project in the amount of $6.108 million, out of which funds will be used to reimburse Roanoke County. Staff agrees that the total amount of $1,617,760 should be paid by the City to the County for the City's share of the costs for the conversion to the digital platform infrastructure that we have already incurred during our conversion project. FISCAL IMPACT: The County will receive $1,617,760 from the City of Roanoke for its shared costs for the project. Staff has determined a project timeline and payment schedule for this project. The County received the first of three installments from the City of Roanoke in the amount of $539,254.00 for access to the digital radio system. Other payments are anticipated in December 2011 and May 2012. STAFF RECOMMENDATION: Staff recommends appropriating $1,617,760 to the County's radio Replacement Fund for the purpose of maintaining the digital radio system. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Bill Greeves, Director of Communications and Information Technology Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Bill Greeves, Director of Communications and Information Technology Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR [MEETING OF THE BOARD D F SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION N CENTER ON TUESDAY, AUGUST 23, 2011 RESOLUTION 08231 -2. i REQUESTING F EST F TI C F STATE FUNDING FOR AID TO LOCALITIES WHEREAS, state financial assistance for mandated and high priority programs, including public education, health and human services, public safety and constitutional officers, is $800 million less in fiscal year 2012 than in fiscal year 2009; and IIHEFEA8 cities and counties must balance their budgets during ar time in which future state assistance is unreliable, federal stimulus dollars are dwindling, and real estate a ssessments are declining; and WHEREAS, the Appropriation Act contains $60 million in across - the -board cuts to cities and counties for both fiscal year 2011 and fiscal y 2012, under which localities are required to either elect to take reductions in particular state aid programs, or to send the State ar check for the amounts determined by the Department f Planning and Budget ("Local Aid to the State" ; and WHEREAS, EAS, the reductions are applied to essential services, including law enforcement, jail administration, foster care and child protection services, election administration and social services; and WHEREAS, EAS, the County of Roanoke does not have the authority to unilaterally decide to discontinue providing services such as election administration o to refuse t o house and c are for State prisoners in local and regional jails; and WHEREAS, EAS, the state budget cuts are not accompanied any reductions in state - imposed mandates, standards and service requirements, nor do they provide any administrative flexibility for local agencies; and Page 1 of 3 WHEREAS, S, the County of Roanoke remitted $669,796 in fiscal year 2611 and will be required to remit another $666,680 in fiscal year 2012; and WHEREAS, E S, cities and counties will have provided the State with $220 million by the close of fiscal year 2012 for this "Local Aid to the State" program; and WHEREAS, S, these reductions shift State costs to local taxpayers and artificially increases the amount of state surplus revenue; and WHEREAS, S, State revenues have begun to recover and the State is expecting to have a revenue surplus for the second year in a row; and WHEREAS, revenue collections for the County of Roanoke continue to reflect the struggling housing market; and WHEREAS, S, the State should not shift its share of the costs for mandates and responsibilities to local governments. NOW, THEREFORE, F E, EE IT RESOLVED that the Board of Supervisors of Roanoke e County asks Governor Bob McDonnell to submit a budget amendment to the 2612 session of the General Assembly to reverse the $60 ,million- ar -year reduction for the current year, fiscal year 2612, and to eliminate the aid to localities reduction in the budget submitted for fiscal year 2013 and fiscal year 2014; and FURTHER, be it resolved, that the members of the General Assembly support budget amendment to the 2012 session of the General Assembly to reverse the $60 million -a -year reduction for the current year, fiscal year 2012, and to eliminate the avid to localities reduction in the budget submitted for fiscal year 2013 and fiscal year 2614. Page 2 of 3 On motion of Supervisor Alti or to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Ali r, Flora Elswick, Church NAG'S: None A COPY TESTE: Deborah C. Jacks Cleric to the Board of Supervisors B. Clayton Goodman Ill, County Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, AUGUST 23, 2011 RESOLUTION 082311 -2.j AMENDING RESOLUTION 102610 -5 APPOINTING THE AUTHORITY BOARD MEMBERS FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, Resolution 102610 -5 adopted by the Board of Supervisors on October 26, 2010, appointed five individuals to serve on the authority board for the South Peak Community Development Authority; and WHEREAS, since the appointment one of the appointees, Doug Chittum, has retired from his position at Roanoke County and has indicated he will withdraw from serving on this board; and WHEREAS, the Board of Supervisors may remove at any time, without cause, any member appointed by it and may appoint a successor member to fill the unexpired portion of the removed member's term. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that this Board hereby appoints the following member to the South Peak Community Development Authority to replace Doug Chittum for the remainder of a four (4) year term expiring on October 25, 2014: B. Clayton Goodman III BE IT FURTHER resolved that the Clerk to the Board be, and hereby is, directed to send a copy of this resolution to the individual named herein and the other members of the South Peak Community Development Authority. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, V IRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, AUGUST 23, 2011 RESOLUTION 0823 - AMENDING RESOLUTION '10261 - APPOINTING THE AUTHORITY ITY BOARD MEMBERS FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, Resolution 10261 - adopted by the Board of Supervisors on October 26, 2010, appointed five individuals to serve on the authority board for the South Peak Community Development Authority; and WHEREAS, since the appointment one of the appointees, Doug Chittum, has retired from his position at Roanoke County and has indicated he gill withdraw from serving on this board; and WHEREAS, the Board of Supervisors may remove at any time, without cause, any member appointed by it and may appoint ar successor member to fill the unexpired portion of the removed member's term. NOW, THEREFORE, be it resolved by the Board o Supervisors of Roanoke County that this Board hereby appoints the following member to the South Pearl Community r D r to ment Authority to replace Doug Chittum for the remainder of a four (4) year term expiring on October 25, 2014: B. Clayton Goodman III BE IT FURTHER resolved that the Glory to the Board be, and hereby i , directed to send ar copy of this resolution to the individual named heroin and the other members of the South Peak Community Development Authority. On motion of Supervisor Altizer to adopt the resolution and carried her the following recorded Grote: AYES: Supervisors Moore Altizer, Flora, Elswick Church NAYS: None COPY TESTE: Deborah C. Jack Clerk to the Board of Supervisors : Paul M. Mahoney, Count} Attorney E. Clayton Goodman III, County Administrator Diane D. Hyatt, Assistant Count} Administrator Daniel R. O'Donnell, Assistant County Administrator Susan Mill David 0. Williamson, Esquire ACTION NO. A- 082311 -2.k ITEM NO. 1 -12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 2011 AGENDA ITEM: Request to accept and appropriate a donation in the amount of $5,000 for the Roanoke County Public Library SUBMITTED BY: Diana L Rosapepe Director of Library Services APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Public Library has received a second gift from the Richard G. West Charitable Trust, this time in the amount of $5,000. The Board will recall that Mr. West also donated $7,500 in February 2011. He is a frequent patron of the Headquarters /419 Library and made this donation as a token of his appreciation for the friendly and helpful service he has received during his many visits. He has again placed no restrictions on the funds, other than to ask that they be used to benefit the Library. FISCAL IMPACT: This is an outright gift; no additional or matching funding is required. ALTERNATIVES: None STAFF RECOMMENDATION: Staff requests that money be accepted and appropriated to the Library budget. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Diana L Rosapepe, Director of Library Services Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Diana L Rosapepe, Director of Library Services Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION ATI N CENTER N TUESDAY, AUGUST 23, 2011 RESOLUTION 08231 1 -3 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITHTHE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, irginiar has convened closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions f The Virginia Freedom of Information Act; and WHEREAS, EAS, Section 2.2 -3712 of the Code of Virginia requires a c ertification by the Board of Supervisors o Roanoke k County, V irginia, that such closed meting was conducted in conformity with Virginia law. NOW, THEREFORE, F E, EE IT RESOLVED, thaMt the Board of Supervisors of Roanoke Counter, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only publi business matters lawfully exempted fr open meeting requirement 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 f Roanoke Counter, Virginia. n motion o Supervisor C. hur h to aid opt the resolution, and ca rri d by th e foll wing recorded vote: ACES: Supervisors Moore, Alti er, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors AT A REGULAR MEETING of THE BOARD of SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE I OANOKE COUNTY ADMINISTRATION N CENTER ON TUESDAY, AUGUST 23, 2011 ORDINANCE 082311-4 REMOVING ING THE PROFFERED ED CONDITIONS ON APPROXIMATELY 59.13 ACMES of REAL ESTATE ZONED I -'IC, LOW INTENSITY INDUSTRIAL DISTRICT, LOCATED IN VALLEY GATEWAY PARK AT 4022 & 4050 INTEGRITY DRIVE E (TALC MAP NOS. 50.01-01-5.07 AND 50.01-01-5.00), VINTON MAGISTERIAL DISTRICT WHEREAS, on February 27, 1990, the Board of Supervisors adopted ordinance #22790-6 changing the zoning classification of approximately 105 acres of real estate located between Route 11/460 and Carson Road nor known as aI ley Gateway Park) from FEE, Residential Estates, to 11111 C, Manufacturing with conditions, upon the application of the Board of Supervisors of Roanoke County; and WHEREAS, the Applicant, the Roanoke County Economic Development Authority, and the Property Owners, F oanok Gateway, LLCM and Integrity Windows, , Inc., have petitioned the Board to remove the proffered conditions from the 1990 rezoning on the remaining approximately 5 .13 acres; and WHEREAS, the Planning Commission held a public hearing on this ratter on June 7, 2011; and WHEREAS, the first reading of this ordinance was held on July 26, 2011, and the second reading and public hearing was held on August 23, 2011; and WHEREAS, EAS, 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 following proffered conditions on that certain tract of real estate containing approximately 59.13 acres located at the 4022 and 4050 Integrity Drive (Tax Map Nos. 50.01-01-5.07 and 50.01-01-5.00), V inton Magisterial District, are hereby X Mn1 1=n- a. The property will not include permitted uses for: i. Manufacture of potterer and figurines or other s imilar ceramic prod ucts Page 1 of 3 ii. Ve terinary hospital and commercial kennels with ex terior runs and y a rds iii. outside fleas markets, unless a s pecial exception has been granted by the Board of Supervisors b. That all to ational signage [Soo. 21-93(D)] will be aesthetically pleasing and be no more than forty o ) square feet in sign face and no more than eight feet in height. outdoor advertising signs (billboards) will be prohibited. C. That all utilities will be underground. d. That there will be no on- street parking. . That there will be sufficient truck loading spaces designed for each building site, as nary. f. That the Petitioner will evaluate the drainage situation for the subject tracts and implement a design for drainage facilities to either retain or detail the two 2 y storm ( as required by Roanoke Counter) and the retention o detention for a ten (1 0) year storm. g. That primary access to the property will be limited to Route 460. h. Building placement and pawing will be designed to not impede the future widening of one additional land along routes 460 and 758. i. Should out -- parcels be subdivided along Route 460 frontage (Parcel , access will be provided via an internal road network plan utilizing the existing median cut on Route 6o. j. Type E (Option 2 ) buffer and screening requirements gill be provided between Parcel "A" and single family residences. All Roanoke e Counter screening and buffering requirements will be implemented as specific development occurs. k. Existing oak trees on Parcel "A" will be preserved to the extent allowing for feasible development of the subject parcel. 1. All internal thoroughfares will be designed and constructed to VD standards for future dedication. Page 2 of 3 M. dust mitigation controls will be implemented during site excavation activities. n. The developer will cooperate with the Roanoke County Utility Department to provide necessary utility easement(s) for a sanitary sewer submain along Route 758 (Carson Road) at a mutually agreed upon location. 2. That this action is taken upon the application of the Roanoke County Economic development Authority, Roanoke Gateway, LLC and Integrity Windows, Inc. 3. That said real estate contains approximately 59.13 acres and is located in Valley Gateway Park and is further described as Tax Map Nos. 50.01 -01 -5.07 and 50.01 -01 -5.00. 4. That this ordinance shall be in full force and effect thirty 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. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Paul M. Mahoney, county Attorney Jill Loope, Acting Director of Economic development Arnold Covey, director of Community development Philip Thompson, deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Valuation John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING of THE BOARD OF SUPERVISORS of ROAN KE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 23, 201 ORDINANCE 11- AMENDING THE PROFFERED ED CONDITIONS ON APPROXIMATELY 2.6 ACRES OF DEAL ESTATE ZONED CAD, COMMERCIAL DISTRICT WITH CONDITIONS, AND OBTAINING A SPECIAL USE PERMIT FOR RELIGIOUS US ASSEMBLY, LOCATED AT 36040 COLONIAL DRIVE E (TAX MAP NO. 77.18-03-15), CAVE SPRING MAGISTERIAL IAL DISTRICT WHEREAS, on October 26, 200 4, the Board of Supervisors adopted Ordinance #102604 -5 clanging the zoning classification of approximately 2.37 acres and .28 acre of real estate located at 3640 Colonial Drive and 3612 Park r od Drive, respectively, to C --1C, Commercial District with conditions upon the application of the Roanoke Council of Garden Clubs, Inc.; and WHEREAS, the Applicant, the Roanoke Council o Garden Clubs, Inc. has petitioned the Board to amend the proffered conditions from the 2004 rezoning on the 2. 6 acres o f real estate; and WHEREAS, EAS, the Planning Commission n held a public bearing on this matter on August 2, 2011; and WHEREAS, the first reading of this ordinance was held on July 26, 2011, and the second reading and public hearing was held on August 23, 2011; and WHEREAS, EAS, legal notice and advertisement has been provided as required b law. BE IT ORDAINED by the Board of Supervisors of Roanoke k Counter, Virginia, as follows: 1. That the proffered conditions on than certain tract of real estate containing approximately 2.6 acres located at the 3604 Colonial Avenue (Tax Map No. 77.18 -03- Page 1 of 3 15), Cave Spring Magisterial District, are hereby amended to read and provide as follows: 1.) The subject property has been developed in substantial conformity with the concept plan dated January 14, 2004, and with the architectural rendering dated January 30, 2004, prepared by Fife & Wood Architects. 2. Use of the property is limited to activities of or sponsored by the Roanoke Council of Garden Clubs, Inc. including their offices, meetings as well as rentals of the building for special everts and meetings including e in receptions, parties an d similar priva in_ h a t arse compatible with th e fa ili a 3. Applicable Colonial Avenue Corridor Design Guidelines shall be in effect with the word "shall" replacing the word "should" as determined during the site plan review process. 4.) The proposed building shall be limited to 6,000 s quare feet of gross floor area and twenty -six (26) feet in height. 5.) Exterior building materials are brick and wood. 6.) Total parking including rear and building -side drop -off s hall not exceed seventy -seven (77) spaces and no parking shall be constructed in front of the building. 7.} Monument -style signage at the entrance of the property shall not exceed thirty -Six (36) square feet. Total site signage shall not exceed seventy (70) square feet. Temporary ignarge shall be limited to activities directly related to the Roanoke Council of Garden Clubs, Inc. 2. That the Board finds than the granting of a special use permit to the Roanoke nod e Council of Garden Clubs, Inc. for religious assembly on approximately 2. Image 2 of 3 acres located at 3604 Colonial Avenue (Tax Map No. 77.18- 03 -15) in the Cave Spring Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved. 3. That this action is taken upon the application of the Roanoke Council of Garden Clubs, Inc. 4. 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. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Valuation John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF P AN NE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION ATI N CENTER ON TUESDAY, AUGUST 23, 2011 ORDINANCE 082311-6 AUTHORIZING ING THE PURCHASE of APPROXIMATELY 0.454 ACNE of REAL ESTATE (TALC MAP No. 87.07 -3- ADJACENT To THE ROANOKE COUNTY ADMINISTRATION CENTER FROM FRANKLIN DEAL ESTATE COMPANY, CAVE E SPF I G MAGISTERIAL IAL DISTRICT, AND APPROPRIATING IATING $40,000 FROM THE MINOR CAPITAL FUND WHEREAS, on ,June 22, 2010, Roanoke Counter entered into a right of first refusal agreement with Appalachian Power C o pany APC , a Virginia corporation, a unit of American Electric Poorer, for the purchase of approximately 0.454 acre of real estate adjacent to the Roanoke Counter Administration Center in the Cave Spring Magisterial District; and WHEREAS, EAS, APCo and the County now wish to complete the transfer of this real estate to the Counter for the purchase price of $40,000; 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 was held on July 2, 201'1, and the second reading and public hearing was held on August 23, 2011 and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, V irginia, as follows: 1. That the acquisition from Franklin Real Estate Company (a subsidiary corporation of American Electric Power) of 0.454 acre of real estate (Tax Map No. $7.07 -3 -7) located adjacent to the Roanoke County Administration Center for the purchase price of $40,000 is hereby approved. Page 1 of 2 2. That the sum of $40,000 is available in the Minor Capital Fund to pay all of the costs of this acquisition, and is hereby appropriated for this purpose. This amount is for the purchase price of this real estate. 3. 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 Moore to adopt the ordinance, and carried by - the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Coeor'G C. Jacks Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney B. Clayton Goodman III, County Administrator Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance William Driver, Director of Real Estate Valuation John Murphy, Zoning Administrator Page 2of2