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HomeMy WebLinkAbout4/23/2013 - Adopted Board RecordsACTION NO. A -042 313 -1 ITEM NO. E -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 2013 AGENDA ITEM: Request for approval of fiscal year 2013 -2014 Cable Television Budget SUBMITTED BY: Elaine Bays- Murphy Director of Cable Access APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke Valley Television, RVTV -3, serves Roanoke County, the City of Roanoke, the Town of Vinton and their respective school systems. RVTV -3 was created in 1992 as an agreement between the three localities to form a Government and Educational Access Station. The station is located at the Jefferson Center, and is staffed by five (5) full -time staff members. RVTV -3 produces original video productions, monthly television show and covers live government meetings. Programming is cablecast on Cox Communications, Channel 3 and Comcast, Channel 3 in the West County area. RVTV -3 is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the County, the City and the Town. Mr. Altizer is your Board Representative, and Mr. David Jones is the Member at Large. The operational budget for RVTV is provided by the three local governments, and it is funded through the Virginia Communications Sales and Use Tax paid by Cox Communications. In 2012, Cox Communications paid the Commonwealth a total of $2,461,352, and the County's appropriate share was $1,112,341. This amount represents the contributions made by Cox Communications to the Commonwealth on behalf of each locality, but does not represent the adjusted amount paid by the Commonwealth back to the localities. The budget amount paid by each locality is based on the proportion of Cox customers located in each jurisdiction. Roanoke County's share of the cable budget is forty -four percent (44 %). Page 1 of 3 The RVTV -3 Staff is carried on the County's payroll and benefit system. Last year, Roanoke Valley Television produced a total of 104 Video Productions for the three localities and their school systems. RVTV produced the following for the County: (32) Half Hour Television Shows, (16) Original Video Productions and RVTV covered (22) Live Board Meetings. An entire list of video productions is included the Budget Packet. RVTV monthly television shows include: "Roanoke County Today," and "Accent Excellence." RVTV also produces two quarterly TV shows, "Roanoke County Business Partners," & "Recreation Television." RVTV -3 was awarded a Gold AVA Award for the New RVTV -3 Website Design www.rvtv.org and a Gold PRSA Summit Award for Website Development. RVTV utilizes Social Media through the RVTV Facebook Page & the RVTV YouTube Channel. RVTV Capital Equipment improvements include the purchase and installation of Two Complete Robotic Camera Systems for the Roanoke County Board of Supervisors Room and Roanoke City Council Chambers. FISCAL IMPACT: The fiscal year 2013 -2014 Total Operating Budget request is $382,917. Roanoke County's share (44 %) of the RVTV budget request is $168,483. The RVTV Operational Budget has been supplemented from the RVTV Operating Surplus Account for the past four (4) years for a total of $150,324 in funds used. The fiscal year 2013 -2014 budget request does not include partial funding from the RVTV Surplus Account. ALTERNATIVES: Alternative 1: Adopt the fiscal year 2013 -2014 RVTV Operating Budget. Alternative 2: Do not adopt the fiscal year 2013 -2014 RVTV Operating Budget. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends that the Board adopt Alternative 1, and approve the fiscal year 2013 -2014 RVTV Operating Budget. I would be pleased to answer any questions. Page 2 of 3 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Elaine Bays- Murphy, Cable Access Director Rebecca Owens, Director of Finance Page 3of3 Yes No Absent Ms. Moore � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Altizer � ❑ ❑ cc: Elaine Bays- Murphy, Cable Access Director Rebecca Owens, Director of Finance Page 3of3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 2013 RESOLUTION 042313 -2 OF THE ROANOKE COUNTY BOARD OF SUPERVISORS CONCURRING WITH THE ISSUANCE OF AN AMOUNT NOT TO EXCEED $12,000,000 IN REVENUE BONDS TO BE ISSUED BY THE ECONOMIC DEVELOMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA FOR THE BENEFIT OF KISSITO HEALTHCARE, INC., FOR THE FINANCING OR REFINANCING OF CERTAIN IMPROVEMENTS TO ITS FACILITIES SPECIFICIALLY KNOWN AS KISSITO VILLAGE OF ROANOKE, HAWTHORNE FACILITY, 1884 HOUSE FACILITY AND KISSITO PACE II FACILITY, TWO OF WHICH ARE IN THE COUNTY OF ROANOKE, VIRGINIA WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia ( "Authority ") has considered the application of Kissito Healthcare, Inc., an Illinois non - profit corporation (the "Borrower "), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $12,000,000 (the "Bonds ") to be issued at one time or from time to time to assist the Borrower in financing or refinancing the acquisition, construction and equipping of facilities (such facilities being referred to herein as the "Facilities ") and the acquisition, construction and equipping thereof, to be located in the City of Roanoke and Roanoke County, Virginia and to be used for: (a) paying the costs of the acquisition and renovation, by Kissito Village of Roanoke, Inc. located at 5300 Hawthorne Road, in Roanoke County, Virginia 24012, a 144 -unit affordable housing facility for the elderly, on an approximately 5.03 acre tract of land (the "Hawthorne Facility "); (b) repaying the temporary financing by means of which Kissito 1884 House, Inc., acquired 1884 House, a ten (10) -unit affordable housing facility for the elderly, located on an approximately 0.149 acre tract of land located at 301 Gilmer Avenue, City of Roanoke, Virginia 24016 (the "1884 House Facility "); (c) paying the costs of renovating the 1884 House Facility; (d) paying Kissito PACE of Roanoke, Inc.'s costs of Page 1 of 3 leasehold improvements to, and equipment and furnishings for, its leased premises located at 5251 Concourse Drive, Roanoke County, Virginia 24019 (the "Kissito PACE Facility "), in which it offers its Program of All- Inclusive Care for the Elderly ("PACE "); (e) providing certain initial deposits into the funds and accounts established under the Indenture, including a debt service reserve fund for the Series 2013 Bonds; and (f) paying certain costs of issuance of revenue bonds (the "Series 2013 Bonds ") for such purposes (the "Project "); and other expenses in connection with the issuance of the Bonds. WHEREAS, the Authority held a public hearing on the Borrower's application on March 20, 2013, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), and Sections 15.2 -4905 and 15.2 -4906 of the Code of Virginia of 1950, as amended (the "Virginia Code "). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. WHEREAS, the Authority has the ability to issue bonds to finance facilities in Roanoke County, Virginia (the "County "); two of the facilities comprising the Project are located in the County; and the Board of Supervisors of Roanoke County, Virginia (the "Board ") constitutes the highest elected governmental unit of the County. WHEREAS, the Authority has recommended that the Board of Supervisors concur with the issuance of the Bonds. WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board of Supervisors. Page 2of3 NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: �. The Board of Supervisors concurs with the issuance of the Bonds pursuant thereto by the Authority for the benefit of the Borrower, as required by Section 147(fl of the Code and Sections 15.2 -4905 and 15.2 -4906 of the Virginia Code to permit the Authority to assist the Borrower in financing or refinancing the Project. 2. The concurrence with the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None V ..0 0�f ...1 %.A1 1 V. V%.AVI,v Clerk to the Board o cc: Paul M. Mahoney, County Attorney Jill Loope, Acting Director of Economic Development pervisors Page 3of3 A COPY TESTS: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 2013 RESOLUTION 042313 -3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for April 23, 2013, designated as Item H - 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 — March 26, 2013 2. Confirmation of appointment to the Roanoke Valley Convention and Visitors Bureau Board of Directors 3. Request to accept a donation of $100 by check made payable to the Police Department (This item was removed from the Consent Agenda for separate consideration.) 4. Request to authorize execution of an updated contract with the Unified Human Services Transportation System, Inc. to provide the CORTRAN services for Roanoke County from July 1, 2013, through June 30, 2014 5. Request to amend the scope of services for the A/E contract with Holzheimer, Bolek and Meehan for additional Construction Management and Project Administration Services 6. Request to approve a resolution to authorize the execution of the Virginia Association of Counties Risk Pool (VACORP) Line of Duty Act (CODA) Trust Agreement Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, with the exception of H -3 and carried by the fallowing roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None n PY TESTE: Clerk to the Board o Page 2 of 2 pervisors ACTION NO. A -042 313 -3 . a ITEM NO. H -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 2013 AGENDA ITEM: Confirmation of appointment to the Roanoke Valley Convention and Visitors Bureau Board of Directors 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. Roanoke Valley Convention and Visitors Bureau Board of Directors (appointed At- Large) During the closed session held on April 9, 2013, the Board of Supervisors recommended the reappointment of Doug Blount to an additional two -year term to expire June 30, 2015. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. Page 1 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Altizer � ❑ ❑ Page 1 of 2 cc: Doug Blount, Director of Parks, Recreation and Tourism Landon Howard, Executive Director, Roanoke Valley Convention and Visitors Bureau Page 2 of 2 ACTION NO. A- 042313 -3.b ITEM NO. H -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 2013 AGENDA ITEM: Request to authorize execution of an updated contract with the Unified Human Services Transportation System, Inc. to provide the CORTRAN services for Roanoke County July 1, 2013 through June 30, 2014 SUBMITTED BY: Laurie L. Gearheart Assistant Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Unified Human Services Transportation System, Inc., (RADAR) continues to provide the paratransit services of the County of Roanoke Transportation program ( CORTRAN) on behalf of Roanoke County. This service is offered to County citizens age sixty (60) and over and to citizens who are physically or mentally challenged as defined under the Americans with Disabilities Act (ADA) requirements. This program provides demand - responsive, destination to destination transportation services utilizing wheelchair -lift vans during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. Transportation is provided to any point within the perimeter of Roanoke County including points within the City of Roanoke, City of Salem and Town of Vinton. Citizens use this system to go to medical appointments, shopping, work, socialization or other needs. The current contract with RADAR states the service for the CORTRAN program will be provided at $38 an hour with a surcharge for the cost of gas over two dollars and fifty cents ($2.50) per gallon and expires on June 30, 2013. During the term of the contract the County has appointed one member to the advisory committee of the board of directors of Unified Human Services Transportation Systems, Inc. Page 1 of 2 A new contract with RADAR effective for the period July 1, 2013 through June 30, 2014 has been negotiated. The hourly rate and the surcharge for the cost of gas will remain at $38 hour and two dollars and fifty cents ($2.50) per gallon, respectively and the County will continue to have one member appointed to the advisory committee of the board of directors of Unified Human Services Transportation Systems, Inc. FISCAL IMPACT: The proposed fiscal year 2013 -2014 budget includes $420,000 for the CORTRAN program which is projected to be sufficient to cover the net cost of the program. While there is no new appropriation of monies requested at this time, carryover of budgeted funds will be requested at year end to prepare for the uncertainty related to federal and state grants that subsidize the program. STAFF RECOMMENDATION: Staff recommends authorizing the County Administrator to sign the renewal contract for the service of the CORTRAN program to be provided by RADAR based on the $38 hour with the surcharge for the cost of gas over two dollars and fifty cents ($2.50) per gallon for the July 1, 2013 through June 30, 2014, service period. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Laurie L. Gearheart, Assistant Director of Finance Terrie Cochran, Executive Assistant to County Administrator Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Altizer � ❑ ❑ cc: Laurie L. Gearheart, Assistant Director of Finance Terrie Cochran, Executive Assistant to County Administrator Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A -042 313 -3 . c ITEM NO. H -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 2013 AGENDA ITEM: Request to amend the scope of services for the A/E contract with Holzheimer, Bolek and Meehan for additional Construction Management and Project Administration Services SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Staff is requesting authorization to amend and extend the A &E contract with Holzheimer, Bolek and Meehan for the Glenvar Library to ensure that all construction is accomplished successfully. The project is well within budget; however there is an additional month delay from the amended project schedule necessitating the extension of these services. The substantial completion date for the project is now April 26, 2013, with final completion expected by the end of May. We are extending the contract with HBM until the end of June to cover final inspections and contract close out activities. The contractor will be responsible for compensating the County cost of this delay. The cost for this extension of services is $12,405.64 as documented by the attachment to this report. The need for this change was discussed with the Board of Supervisors in a briefing at the April 9, 2013 Board of Supervisors meeting. Normally contract changes of this type are within the oversight of County Administration as no additional funds need to be appropriated to the project budget. However, as we added construction management services to the contract after the A &E contract was approved; combined change orders to the contract totaled in excess of twenty -five percent (25 %) of the original amount. According to County procurement regulations and the Procurement Code of Virginia, change orders exceeding more than twenty -five percent (25 %) must be approved by the Board of Supervisors. This change will bring the total contract amount for Page 1 of 2 A &E and construction management services to $546,844.72 plus reimbursable expenses. FISCAL IMPACT There is no project budget impact as the $12,405.64 will be recovered from the General Contractor under the terms of the construction contract. RECOMMENDATION Staff recommends the approval of a contract modification in the amount of 12,405.64 for the contract with Holzheimer, Bolek and Meehan for aone month extension of construction management and project administration services to ensure the successful completion of the new Glenvar Library. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Daniel R. O'Donnell, Assistant County Administrator Diana Rosapepe, Director of Library Services Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Altizer � ❑ ❑ cc: Daniel R. O'Donnell, Assistant County Administrator Diana Rosapepe, Director of Library Services Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING ON THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 23, 2013 RESOLUTION 042313 -3.d TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE THE VIRGINIA ASSOCIATION OF COUNTIES (VACORP) RISK POOL LINE OF DUTY ACT (CODA) TRUST AGREEMENT WHEREAS, the County became a member of the VACORP Risk Pool in July 1, 2011, with Resolution 061411 -4, in an effort to reduce costs; and WHEREAS, the 2012 Virginia General Assembly enacted changes as to how benefits are administered under the Line of Duty (CODA) Act; and WHEREAS, effective July 1, 2012, non - participating localities are responsible for payment of LODA benefits for their claimants; and WHEREAS, the County must become a member of the VACORP LODA Trust if it has existing LODA claims by executing the VACORP LODA Trust Agreement; NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY that the County of Roanoke hereby authorizes the County Administrator to execute the VACORP LODA Trust Agreement and any other necessary documents. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None A CQPY TESTE: 6eborah C. Jacks Clerk to the Board of upervisors cc: B. Clayton Goodman III, County Administrator Rebecca Owens, Director of Finance Page 2of2 ACTION NO. A -042 313 -4 ITEM NO. H -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 23, 2013 AGENDA ITEM: Request to accept a donation of $100 by check made payable to the Police Department. SUBMITTED BY: Howard H. Hall Chief of Police APPROVED BY: B. Clay Goodman County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. John Snyder of Southwest Roanoke County has submitted a check made payable to the Roanoke County Police Department in the amount of $100. This donation was made to support the Department's Project Lifesaver Program, which provides tracking bracelets for persons with Alzheimer, Dementia or other special needs. Project Lifesaver is a non funded program that depends on donations from citizens and businesses in order to provide continuous service to the public. FISCAL IMPACT: None. ALTERNATIVES: None. STAFF RECOMMENDATION: Staff recommends acceptance of the donation in the amount of $100. Page 1 of 1 VOTE: Supervisor Moore moved to approve the staff recommendation. Motion approved. cc: Howard H. Hall, Chief of Police Rebecca Owens, Director of Finance Page 2 of 1 Yes No Absent Ms. Moore � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Altizer � ❑ ❑ cc: Howard H. Hall, Chief of Police Rebecca Owens, Director of Finance Page 2 of 1 AT REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 2013 RESOLuTiON 042313 -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 member's 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 Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Aitizer NAYS: None Deborah C. Jacks ` Clerk to the Board of upervisors Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 2013 ORDINANCE 042313 -6 GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF A FAMILY DAY CARE HOME LOCATED AT 5629 COVE ROAD (TAX MAP NO. 36.20- 01 -37) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF APRIL CAUDLE WHEREAS, April Caudle has filed a petition for a special use permit for the operation of a family day care home at 5629 Cove Road (Tax Map No. 36.20- 01 -37) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 2, 2013; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 26, 2013; the second reading and public hearing on this matter was held on April 23, 2013. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to April Caudle for the operation of a family day care home located at 5629 Cove Road in the Catawba 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. Page 1 of 2 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and - the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. 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 church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None A COPY TESTS: Clerk to the Board of cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator pervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 23, 2013 ORDINANCE 042313 -7 AMENDING SECTION 5 -44. "TAX IMPOSED" OF THE ROANOKE COUNTY CODE TO PROVIDE FOR AN INCREASE IN FEES FOR DANGEROUS DOGS WHEREAS, Chapter 5. "Animals and Fowl" of the Roanoke County Code establishes procedures for the identification, keeping, and licensure of dangerous dogs; and WHEREAS, the 2012 Session of the Virginia General Assembly amended Section 3.2 -6540 of the Code of Virginia to increase the fees for dangerous dogs; and WHEREAS, it is necessary to amend the County Code in order to bring it into compliance with the Commonwealth's enabling legislation for dangerous dogs; and WHEREAS, first reading of this ordinance was held on April 9, 2013, and the second reading and public hearing was held on April 23, 2013. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 5 -44 of the Roanoke County Code be amended to read and provided as follows: Sec. 5 -44. - Tax imposed. (a) An annual license tax is hereby imposed on dogs or cats required to be licensed under this division in the following amounts: (1) Male dog or cat: Ten dollars ($10.00). (2) Female dog or cat: Ten dollars ($10.00). (3) Neutered or spayed dog or cat: Five dollars ($5.00) with a veterinarian's certificate that the dog or cat has been neutered or spayed. Page 1 of 3 (4) Kennel for up to twenty (20) dogs: Twenty -five dollars ($25.00). (5) Kennel for up to fifty (50) dogs: Thirty -five dollars ($35.00). (6) Dangerous dog, as declared by any general district court or circuit court of this commonwealth or by a community service officer pursuant to section 5- 26.1(c)(2) above: One Hundred and Fifty dollars ($750.00) (in addition to the other applicable fees herein). All certificates shall be updated and renewed for a fee of Eighty -Five dollars ($85.00) and in the same manner as the initial certificate was obtained (in addition to the other applicable fees herein). (b) A three-year license tax is hereby imposed on dogs or cats required to be licensed under this division in the following amounts: Three (3) times the rate specified in (a)(1), (2) and (3) above, less ten (10) percent. (c) No license tax shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person. As used herein, the term "hearing dog" means a dog trained to alert its owner, by touch, to sounds of danger and sounds to which the owner shoe .,ild respond. (d) In no event shall the treasurer pay any refund of the license tax imposed by this section. 2. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None A COPY TESTS: ueboran u. jacks Clerk to the Board of S Page 2 of 3 cc: Paul M. Mahoney, County Attorney F. Kevin Hutchins, Treasurer Howard H. Hall, Chief of Police Page 3 of 3