HomeMy WebLinkAbout1/13/2009 - RegularRoanoke County
Board of Supervisors
Agenda
January 73, 2009
NOTE: The Board of Supervisors will hold its annual organizational meeting at
2:00 p.m. in the Board meeting room prior to the regularly scheduled Board
meeting.
Good afternoon and welcome to our meeting for January 13, 2009. Regular meetings
are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings
are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this
schedule will be announced. The meetings are broadcast live on RVTV, Channel 3,
and meetings will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00
p.m. Our meetings are now closed-captioned, so it is important that anyone addressing
the Board speak directly into the microphones at the podium. Individuals who require
assistance or special arrangements to participate in or attend Board of Supervisors
meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in
advance.
A. ORGANIZATIONAL MEETING (2:00 p.m.)
1. Roll Call
2. Organization of County Board
(a) Election of Officers:
(1) Chairman
(2) Vice Chairman
3. Length of Term for Chairman and Vice Chairman
1
B. REGULAR MEETING -OPENING CEREMONIES (3:00 p.m.)
1. Invocation: Reverend Brian Clingenpeel
Fire and Rescue Departmental Chaplain
2. Pledge of Allegiance to the United States Flag
C. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
D. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Resolution of appreciation to Richard C. Flora for his service as Chairman of
the Roanoke County Board of Supervisors in 2008
2. Recognition of the Purchasing Division for receiving the Achievement of
Excellence in Procurement Award from the National Purchasing Institute
E. BRIEFINGS
1. Briefing from Roanoke Valley Convention and Visitors Bureau. (David
Kjolhede, Executive Director)
F. NEW BUSINESS
1. Request to approve Contract Amendment for the Architectural and
Engineering Services for the South County Library. (Diane Hyatt, Chief
Financial Officer; Diane Rosapepe, Director of Libraries; Joe Obenshain,
Senior Assistant County Attorney)
2. Request for additional funding of $81,376 for replacement of Bent Mountain
Fire and Rescue Station Parking Lot. (Anne Marie Green, Director of General
Services)
3. Resolution establishing a Policy for the Appointment of Planning
Commissioners. (Paul Mahoney, County Attorney)
G. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING
ORDINANCES -CONSENT AGENDA: Approval of these items does not
indicate support for, or judge the merits of, the requested zoning actions but
satisfies procedural requirements and schedules the Public Hearings which will
be held after recommendation by the Planning Commission.
2
H. FIRST READING OF ORDINANCES
1. First reading of an ordinance to accept the conveyance of two parcels of
unimproved real estate for the extension of Chestnut Mountain Circle, Rte
1034, and authorize the addition thereof to the State Secondary System of
Highways, Vinton Magisterial District. (Paul Mahoney, County Attorney).
SECOND READING OF ORDINANCES
J. APPOINTMENTS
1. Library Board (appointed by district)
2. Social Services Advisory Board (appointed by district)
K. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Resolutions of appreciation to the following employees who retired on
January 1, 2009:
(a) Larry L. Greene, Parks, Recreation and Tourism Department, after more
than thirty-five years of service
(b) Lawrence J. Onan, Parks, Recreation and Tourism Department, after
more than twenty-nine years of service
(c) Sharon K. Pollard, Social Services Department, after ten years of service
2. Request from the schools to accept and appropriate funds in the amount of
$84,659.54 for fiscal year 2008-2009
3. Request from the Police Department to accept and appropriate an
amendment to a Division of Motor Vehicle Grant for an additional $36,500,
and a grant administered by the U.S. Department of Justice's Bulletproof Vest
Partnership in the amount of $21,602.50
4. Request from the Sheriff's Office to accept and appropriate a Federal Grant
from the Department of Criminal Justice Services under the Criminal Justice
Record System Improvement Program in the amount of $109,294
L. REQUESTS FOR WORK SESSIONS
3
M. REQUESTS FOR PUBLIC HEARINGS
N. CITIZENS' COMMENTS AND COMMUNICATIONS
O. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Treasurer's Statement of Accountability per Investment and Portfolio Policy
as of December 31, 2008
5. Telecommunications Tax Comparison Report
P. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Charlotte A. Moore
2. Joseph B. "Butch" Church
3. Richard C. Flora
4. Joseph P. McNamara
5. Michael W. Altizer
Q CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A.1.
discussion or consideration of the employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation of specific
public officers; and Code of Virginia Section 2.2-3711.A.7. consultation with legal
counsel and briefings by staff members regarding specific legal matters, namely,
the firing range agreement, requiring the provision of legal advice by such
counsel
R. CERTIFICATION RESOLUTION
S. CONFIRMATION OF BOARD MEMBER COMMITTEE APPOINTMENTS
1. Confirmation of Board member appointments to committees, commissions,
and boards for 2009
4
T. WORK SESSIONS (4th Floor Conference Room)
1. Work session to discuss fiscal year 2009-2010 budget development. (John
Chambliss, County Administrator; Bent Robertson, Director of Management
and Budget)
2. Work session on amending the Noise Ordinance. (Paul Mahoney, County
Attorney)
U. ADJOURNMENT TO WEDNESDAY, JANUARY 21, 2009, 5:30 P.M. FOR THE
PURPOSE OF A JOINT MEETING WITH THE ROANOKE COUNTY SCHOOL
BOARD, ROANOKE COUNTY SCHOOL ADMINISTRATION BUILDING, 5937
COVE ROAD, ROANOKE, VIRGINIA
5
ACTION NO.
ITEM NO. ~- I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
APPROVED BY:
January 13, 2009
Resolution of appreciation to Richard C. Flora for his service
as Chairman of the Roanoke County Board of Supervisors in
2008
John M. Chambliss, Jr.
County Administrator <~~
COUNTY ADMINISTRATOR'S COMMENTS:
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SUMMARY OF INFORMATION:
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This time has been set aside to recognize Supervisor Flora for his service as Chairman of
the Board of Supervisors during 2008.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT -fHE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 13, 2009
RESOLUTION OF APPRECIATION TO RICHARD C. FLORA FOR HIS
SERVICE AS CHAIRMAN OF THE BOARD OF SUPERVISORS IN 2008
WHEREAS, Richard C. Flora served as Chairman of the Roanoke County Board of
Supervisors during 2008; and
WHEREAS, during Mr. Flora's term as Chairman, the following noteworthy
achievements took place:
> Approval of the construction of the multi-generational recreation center, the fleet
service center, the North County fire and rescue station, the South County library
and the installation of the County's new digital emergency radio system;
> Ground breaking for a water line extension along Route 220 into Franklin County, a
sjgnificant regional initiative undertaken in partnership with the Western Virginia
Water Authority and Franklin County;
> Relocation of Toshiba Mitsubishi Electric GE's headquarters to the County, the
grand openings of Gander Mountain, Camping World, and Tractor Supply, the
expansion of several local companies including Synchirony, Inc., and Kroger, and
the announcement of a new Department of Motor Vehicles Customer Service
Center to be located in North County;
> Continued development of the Center for Research and Technology and the
formation of apublic-private partnership to locate a new 200-acre bi.asiness park at
the intersection of I-581 and I-81;
> Successful containment of the Green Ridge Mountain fire without foss of fife or
property which required the Fire and Rescue Department to respond to 84 calls for
assistance within a 24-hour period;
> Opening of Read Mountain Preserve, the newest addition to the Coi.inty's park
system, and the completion of the County's first segment of the Roanoke River
Greenway at Green Hill Park;
> Amending the Roanoke Co~.inty Comprehensive Plan to include the Mount Pleasant
and Hollins Area Community Plans;
> Continued progress on School capital projects including funding forthe renovations
of multiple elementary schools;
> Designation of the main football field at Darrell Shell Park in memory of Jesse
Glowers, Sr. and his son Jesse Glowers, Jr., who was killed in action while serving
in Afghanistan; and
WHEREAS, Chairman Flora worked diligently throughout the year to represent the
citizens of Roanoke County by emphasizing sound financial strategies and practices to
benefit all of the residents of the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, does hereby extend its deepest appreciation to RICHARD C. FLORA for
his service as Chairman during 2008 and for his belief in democracy and championing of
citizen participation in local government.
2
ACTION NO.
ITEM NO. ~ -Z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 13, 2009
Recognition of the Purchasing Division for receiving the
Achievement of Excellence in Procurement Award from the
National Purchasing Institute
Rebecca E. Owens
Director of Finance
John M. Chambliss, Jr.
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
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SUMMARY OF INFORMATION:
Roanoke County has received the 2008 Achievement of Excellence in ProcurementAward
from the National Purchasing Institute. This is the third consecutive year in which the
award has been received.
The award was established in 1995 by the National Purchasing Institute and recognizes
organizational excellence in public procurement. The award is earned by organizations
that demonstrate excellence by obtaining a high score based on standardized criteria. The
criteria are designed to measure innovation, professionalism, productivity, e-procurement,
and leadership attributes of the procurement organization.
Accepting the recognition will be Rebecca Owens, Director of Finance; and the team
members of the Purchasing Division to include: Pat Chockley, Dori Karnes, Kay Johnston,
Jan Killgore, Rob Light, Ann Mendes, Ashley Nute, and Marcha Powell.
ACTION NO.
ITEM NO. L' ~
AT A REGULAR MEETING OF "fHE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
January 13, 2009
AGENDA ITEM: Briefing from Roanoke Valley Convention and Visitors Bureau
APPROVED BY: John M. Chambliss, Jr.
County Administrator 1~,~
COUNTY ADMINISTRATOR'S COMMENTS: d~
SUMMARY OF INFORMATION:
David Kjolhede, Executive Director of the Roanoke Valley Convention and Visitors Bureau
has requested time on the agenda to present a report of the Bureau's activities and
successes in 2008 and to give a brief snapshot of what the Bureau has planned for 2009.
Following the presentation, Mr. Kjolhede will be available to answer questions from the
Board.
ACTION NO.
ITEM NO. ~- I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 13, 2009
Request to approve Contract Amendment for the Architectural
and Engineering Services for the South Coi,anty Library
Diane D. Hyatt
Chief Financial Officer
John M. Chambliss, Jr. C~
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
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BACKGROUND:
The New South County Library has a budget of $18,000,000. Of this amount, $16,290,000
was included in the 2008 Lease Revenue Bond Sale. To date we have spent $1,307,824
on the project.
The construction budget for the project was $12,339,990. When the construction bids
were opened on August 21, 2008, they were significantly over budget (with the low bid
being 32% over budget).
SUMMARY OF INFORMATION:
County staff has spent several months evaluating why the construction bids were so far
over budget, with the goal of bringing the project within budget. Even though construction
prices have decreased since the bid date, that alone will not be sufficient without some
redesign of the project.
After careful review and negotiations, staff recommends restructuring the professional
services for the library, so that the architectural firm of Holzheimer Bolek + Meehan (HBM),
and their affiliated local firm of OWPR, will be responsible for 'the following services:
1. Redesign of the project within budget
2. Providing construction estimates
3. Coordinating the Clerk of the Works forthe on-site review during construction
4. Coordinating the Commissioning needed for the project
This contract amendment will provide an additional $250,000 to HBM for their services.
These funds will be available from reallocating other professional services lines within the
budget. The total project budget will not change.
The redesign will begin immediately. Our goal will be to maintain the program functionality
of the building. The project will be ready to rebid in May 2009.
FISCAL IMPACT:
Triis contract amendment will be funded from within the total project budget. No budget
appropriation is needed.
STAFF RECOMMENDATION:
Staff recommends amending the contract with Holzheimer Bolek + Meehan to provide an
additional $250,000 for their services as outlined above. In addition, payments to the Clerk
of the Works and the Commissioning agent may be paid through HBM. "fhe amended
contract will be in a form approved by the County Attorney.
ACTION NO.
ITEM NO. ~' Z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS"fRA"PION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 13, 2009
Request for additional funding of $81,376 for replacement of
Bent Mountain Fire and Rescue Station Parking Lot
Anne Marie Green
Director of General Services
Jol-in M. Charribliss, Jr.
County Administrator G~
COUNTY ADMINISTRATOR'S COMMENTS:
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SIIMMARY OF INFORMATION:
"fhe parking lot and aprons at the Bent Mountain fire station were originally put in place in
1980 when the station was built. Since that time, weather, weight of veriicles, and snow
melting products have been eroding the asphalt and concrete to the point where the
deterioration was becoming an operational issue. Both the career and volunteer personnel
at the station expressed concerns, and the Facilities Management Division of General
Services had enough funding in its budget last year to meet the estimated replacement
cost of $160,000.
The project was put out to bid in the spring of 2008, and awarded to New River
Construction Company for $158,624, with no contingency. Once the work began, however,
it became apparent that the cost was going to rise due to several factors.
The soil underneath the original asphalt and concrete in the front of the building
wasn't compacted as much as it should have been originally, which may have
contributed to the disintegration over the years. Because of this, the contractor had
to compact it further, making it 1-1/2 feet below the grade of the property. This
required additional stone to bring it up to the level of the building.
• In anticipation of a similar problem at the back of the building, the contractor dug
deeper to allow for more compaction, but encountered a serious problem with water.
"fhe County's independent engineering firm recommended stone and a special
matting material used by Virginia Department of Transportation (VDOT) to keep the
ground water out of the area.
• As the contractor moved away from the building, he encountered massive amounts
of ground water, necessitating additional matting and gravel. To date, almost 2,000
tons of gravel have been used, and the contractor expects to use 1,500 more before
the project is finished.
The water and electrical lines that serve the building from the well house were
original to the facility, and staff decided it would be an appropriate time to replace
those lines, so that the parking lot will not have to dug up in the future if there is a
problem. The lines have been placed in a sleeve so that any repairs can be done
without harming the pavement above. This was not planned at the beginning of the
project, but it became apparent that it would prevent additional expenditures in the
future, and was well worth the cost.
In order to continue paying the contractor for work on the project, funding has been coming
from the General Services/Facilities Capital Maintenance Account, which is used
throughout the year for large capital improvements and repairs to county buildings.
Attached is a list of other expenditures from that account during this fiscal year, which
shows the type of projects it ordinarily covers. While we have covered A&E costs for Bent
Mountain from that account, we are not asking for reimbursement for those sums. If that
account is not reimbursed for the change orders, there will be no funding for the rest of the
year for emergency or routine capital projects, including the planned replacement roof for
the Vinton Library.
FISCAL IMPACT:
"fhe original contract and contingency in the amount of $158,624.00 has been expended.
Funding for the change orders will require an additional $81,376.00, which is available in
the minor capital account.
ALTERNATIVES:
The Board can approve this request and allocate $81,376 from the minor capital
account to cover the additional costs for this project.
2. The Board can direct staff to cover the cost from the General Services Capital
Maintenance Account.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative 1. County buildings are aging and need
continual maintenance and improvement. Repairs not performed now will lead to more
expensive work in the future.
2008-09 Expenditures from Facility Management Capital Maintenance Account
Vendor Bldg # Amount
F&R Bent Mountain Fire $2,147.65
F&R Bent Mountain Fire $4,316.00
F&R Bent Mountain Fire $4,269.70
F&R Bent Mountain Fire $4,554.20
Spectrum Design Bent Mountain Fire $1,796.00
Spectrum Design Bent Mountain Fire $2,878.00
Spectrum Design Bent Mountain Fire $718.00
Spectrum Design Bent Mountain Fire $2,983.00
Mountain Roofing -Roof Replacement Catawba Fire $17,205.00
Mountain Roofing -Roof Replacement Catawba Rec $10,375.00
Newcomb -New HVAC Cave Spring Fire $9,704.00
Va A&E Ft Lewis Fire $2,581.00
Va A&E Ft Lewis Fire $760.00
Va A&E Ft Lewis Fire $6,388.00
HT Mechanical -New HVAC System Ft Lewis Fire $49,999.00
Baker Paving Kessler Mill $2,500.00
Beckner -New Boiler Library Headquarters $16,064.00
Rusco -Replacement Windows Read Mountain Fire $1,070.00
Johnson Control -Roof Top Units Vinton Library $29,415.00
Johnson Control -BAS Controls) Vinton Library $3,450.00
Johnson Control -BAS Controls) Vinton Library $2,043.00
Newcomb -New HVAC Vinton Library $9,814.00
$185,030.55
AC"PION NO.
ITEM NO. ~' 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRAI"ION CEN"fER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
January 13, 2009
Resolution establishing a Policy for the Appointment of
Planning Commissioners
Paul M. Mahoney
County Attorney
SUMMARY OF INFORMATION:
On April 8, 2008 the Board received a report from County staff summarizing the various
boards and commissions appointed by the Board. Many citizens interested in serving
their community are often unaware of 'the appointment process and the various
openings available. The Clerk to 'the Board advertises openings on various boards and
commissions on the County's website on the Internet, Roanoke Valley Television, and
by publication on the printed agenda.
The Cave Spring District appointment to the Planning Commission is the only district
appointment that expires at the same time as the Board of Supervisor member's term
from that district. Supervisor Moore suggests that a newly elected supervisor should
have the opportunity to nominate a candidate for consideration for appointment by the
Board. Accordingly it is suggested that the terms of all members of the Planning
Commission expire six months after the supervisor from that district commences his or
her term of office. Further that no re-appointment of a Planning Commission member
occur earlier than thirty days prior to the expiration of his or her term of office.
Currently the terms of office for the Board and Planning Commission expire as follows:
Board Term Planning Commission Term
Vinton 12-31-2009 12-31-2010
Windsor Hills 12-31-2009 12-31-2012
Hollins 12-31-2009 12-31-2011
Cave Spring 12-31-2011 12-31-2011
Catawba 12-31-2011 12-31-2009
Section 15.2-2212 of the Code of Virginia provides in part that the term of office for a
member of a planning commission shall be four years. The term of office of a sitting
member cannot be reduced. "The local governing bodies may establish different terms
of office for initial and subsequent appointments including terms of office that are
concurrent with those of the appointing governing body." Therefore the Board may
appoint members to the Planning Commission for terms of office that expire six months
after the term of office of the corresponding Board member.
STAFF RECOMMENDATION:
The attached resolution is submitted to the Board for its consideration.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 13, 2009
RESOLUTION ESTABLISHING A POLICY FOR THE APPOINTMENT
OF MEMBERS TO THE ROANOKE COUNTY PLANNING COMMISSION
WHEREAS, the Cave Spring District appointment to the Planning Commission is
the only district appointment that expires at the same time as the Board of Supervisor
member's term from that district; and,
WHEREAS, a newly elected supervisor should have the opportunity to nominate
a candidate for consideration for appointment to the Planning Commission by the
Board; and,
WHEREAS, "fhe terms of all members of the Planning Commission shall expire
six months after the supervisor from that district commences his or her term of office;
and,
WHEREAS, no appointment of a Planning Commission member may occur
earlier than thirty days prior to the expiration of his or her term of office; and,
WHEREAS, Section 15.2-2212 of the Code of Virginia provides in part that the
term of o~FFice for a member of a planning commission shall be four years. "fhe local
governing body may establish different terms of office for initial and subsequent
appointments including terms of office that are concurrent with those of the appointing
governing body.
NOW THEREFORE BE IT RESOLVED, By the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That from and after the date of the adoption of this Resolution, the appointment
or re-appointment of mernbers to the Roanoke County Planning Commission
shall be for a term of office to coincide with the term of office of the member of
the board of supervisors from the district which he or she represents, plus six
months.
2. "f hat no Planning Commission member shall be appointed or re-appointed earlier
than thirty days prior to the expiration of his or her term of office.
3. "that this Resolution shall take effect immediately upon its adoption.
2
AC"PION NO.
ITEM NO. ~ - I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 13, 2009
AGENDA ITEM: First reading of an ordinance to accept the conveyance of
two parcels of unimproved real estate for the extension of
Chestnut Mountain Circle, Rte 1034, and authorize the
addition thereof to the State Secondary System of Highways,
Vinton Magisterial District
SIIBMITTED BY: Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SIIMMARY OF INFORMATION:
This item involves the acceptance of the following real estate, being conveyed to the
Board of Supervisors of Roanoke County, Virginia, for roadway improvements,
specifically the construction of an adequate turn-around at the end of state
maintenance, to Chestnut Mountain Circle, Rte 1034, in the Vinton Magisterial District:
(1) Donation of 0.0155 acre of Roanoke County Tax Map No. 61.04-02-78.00 as
shown on the plat attached hereto as "Exhibit A"; being a portion of the
property conveyed to Patricia R. Williamson by deed dated February, 1998 of
record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia,
Will Book 55, page 493.
(2) Donation of 0.0155 acre of Roanoke County Tax Map No. 61.04-02-80 as
shown on the plat attached hereto as "Exhibit B"; being a portion of the
property conveyed to Jeffrey W. & Rhonda L. Thomas by deed dated
December 15, 2008 of record in the Clerk's Office, Circuit Court for the
County of Roanoke, Virginia, Deed Book 1388, page 1584.
1
Acceptance of the aforementioned property is a necessary step in the process to get
the extension of Chestnut Mountain Circle, Rte 1034, accepted by the VDOT into its
secondary system of State highways as a Rural Addition roadway. Assuming this
real estate donation is favorably accepted by the Board, this action will be followed
by future efforts by the Board of Supervisors and VDOT under the Rural Addition
Program framework.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Approve the first reading of an ordinance accepting the donation of real estate to the
Board of Supervisors.
2. Take no action at this time.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative 1. The second reading of the ordinance and
the public hearing will be held on January 27, 2009.
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT "fHE ROANOKE COUNTY ADMINISTRATION
CENTER ON l"UESDAY, JANUARY 13, 2009
ORDINANCE TO ACCEPT THE CONVEYANCE OF TWO PARCELS OF
UNIMPROVED REAL ESTATE FOR THE EXTENSION OF CHESTNUT
MOUNTAIN CIRCLE, ROUTE 1034, TO THE BOARD OF SUPERVISORS AND
TO AUTHORIZE THE ADDITION THEREOF TO THE STATE SECONDARY
SYSTEM OF HIGHWAYS
WHEREAS, as part of the extension of Chestnut Mountain Circle, State Route
1034, as part of a Roanoke County's Rural Addition project funded in partnership with
the Virginia Department of Transportation (VDOT), two adjacent land owners desired to
donate portions of their property in fee simple to Roanoke for right-of-way pi~irposes to
permit the construction of a cul-de-sac at the terminus of Chestnut Mountain Circle; and
WHEREAS, Jeffrey W. "fhomas and Rhonda L. Thomas and Patricia Rush
Williamson have freely and voluntarily entered into deeds to the Board of Supervisors of
the County of Roanoke, Virginia to thus allow the Board of Supervisors to obtain
ownership of the each property for purposes road construction upon approval of this
ordinance and recordation of a deed; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests to the County of Roanoke be
accomplished by ordinance; the first reading of this ordinance was held on January 13,
2009, and the second reading and public hearing was held on January 27, 2009.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. "that the acquisition from Patricia Rush Williamson of approximately
0.0155 acres of real estate for purposes of location and construction of extensions and
improvements of Chestnut Mountain Circle, Route 1034, as shown on a plat entitled
1
"Plat showing right-of-way being conveyed to Board of Supervisors, Roanoke County by
PATRICIA RUSH WILLIAMSON Roanoke County Tax Map Parcel #61.04-02-78.00
situated along CHESTNUT MOUNTAIN CIRCLE, Vinton Magisterial District, Roanoke
County, Virginia" dated July 9, 2008, (Exhibit "A") is hereby authorized and approved.
2. That the acquisition From Jeffrey W. Thomas and Rhonda L. Thomas of
approximately 0.0155 acres of real estate for purposes of location and construction of
extensions and improvements of Chestnut Mountain Circle, Route 1034, as shown on a
plat entitled "Plat showing right-of-way being conveyed to Board of Supervisors,
Roanoke County by .IEFFREY W. THOMAS & RHONDA L. THOMAS Roanoke County
Tax Map Parcel #61.04-02-80.00 situated along CHESTNUT MOUNTAIN CIRCLE,
Vinton Magisterial District, Roanoke County, Virginia" dated July 9, 2008, (Exhibit "B") is
hereby authorized and approved.
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.
2
N/F
TAX PARCEL 61.04-2-81
GARYA. MYERS
GYYNNE D. MYERS
NEW TRACT B
D.B. 1296, PG. 459 51
~~
N/F
TAX PARCEL 61.04-2-80
JEFFREY W. THOMAS
RHONDA L. THOMAS
PT TRACT 5
C.L. BUSHESTATE
D.B.1388, PG 1584
CURVE DATA
w
~~~N
wovo
ro n~~
CURVE F" CURVE A'
R=25.00' R 15.00'
L=17.33' [=17.33'
D=39'42'49' D=39'42'49
T=9.03' T 9.03'
CH=N49'47:3s'W CH=589'3014 ~'
CHORD D/ST.=1s.9B' CHORD D/ST.=1s.9B'
CURVE E' CURVE 9'
R=40.00' R=40.00'
L=55.45' L=55.45'
D=79'25:78' D=7915 JB'
T=33.22' T=3.3:22'
CH=N69'39 DO'W CH=569 :39 00'E
CHORD D/ST.=51.12' CHORD D/ST.=51.12'
/ (~ ~ ~ L
I~ ~ ;~-~i
~y ~ ; 3
CURVE D" CURVE C'
' i L2' ~ Z
~
R=25.00' R=25.00 GUY 1
~
~
L=17.33' [=17.33' ANCHOR
'
"B+CS~y 5
D=39'42 49' D=39 42 49' 14,
T=9.03' 7 9.03' ~
N/F
CH=NB9'3014'W CH S49'47'3s ~'
CHORD D/ST.=fs.9B' CHORD D/ST.=1s.9B' ~~ TAX PARCEL 61.04-2-79
~5~~%c' JOYCE R. SH/ELDS
UNE TABLE 5 ~~~' PT TRA
T 5
UNE BEAR/NG LENGTH C
L 1 S69'39b0'i- 13.97'
L2 S89'3900~ 2.00'
C.L. BUSH ESTATE
D.B. 976, PG. 810
PG 44
P B, 5,
Oaf`
I N/F
~
~{ TAX PARCEL 61.04-2-76
,~' EL/ZABETH R. HEVENER
I LOT 1 BLOCK 2
CHESTNUT MOUNTAfNESTATES 1
- - N23'S8p02- INSTR. #200302287
145.1 s ~_
N/F
TAX PARCEL 61.04-2-77
EL/ZABETH R. HEVENER
S'TS+fB??w
~ B PT TRACT 5
~ _ c.L. eusHESrnre
~ • 24' CPP ~ INSTR. X200302287
\ /NV. OUT=
UY
_ R EZEY. 120 s'
64lSONRY
wALL
j N/F
TAX PARCEL 61.04-2-78
_ PATRICIA RUSH WILL/AMSON
~ PT TRACT 5
L1 ~ ~ C.L. BUSH ESTATE
~~~ ~ ~ ~ W.B. 55, PG. 493
s
oo~_ ~~~~
~ N2BIB002.\ \ \
~~ ~" APP/POX/A[4TE
~ LoalnoN
f0.0' P.U.E.
D.B. 935, PC. 73s
EXHIBIT "A"
RIGHT-OF-WAY TO BE ACQUIRED PLAT SHOWING
AREA= 675.76 S. F. 0.0155 Ac. RIGHT-OF-WAY BEING CONVEYED
TO
SAN/TARY A(ANHOLE '1
TOP ELEV.=f212.9'
E. /NV. /N=1207.7'
s lnn! Dur=12o~ s'
SAN/TARY A(ANHO[E 2'
TOP E7 E1!=1232.95'
N/E /NV. /N=1227.95'
S/E /NV. /N==1227.9'
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
Patricia Rush Williams
ROANOKE COUNTY TAX MAP PARCEL #61.04-02-78.00
SITUATED ALONG CHESTNUT MOUNTAIN CIRCLE
VINTON MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
SCALE: 1 "= 50' DATE: JULY 9, 2008
PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
N/F
TAX PARCEL 61.04-2-81 I
GARYA. MYERS
GYYNNE D. MYERS
NEWTR9CTB
D.B. 1296, PG. 459 S12'47_00~~
~
_ -
2
u qqpq5
N
N
~ 319.94' ~ ~~
~l< ~ I I_
I
~
~~ ~
1
~' I
C,p _
((,,,, ~~
ty6 ~ ,1,~ ~
` Imo
...
~ '
i , ~
n:
N/F /~~ ~°~ I ~ I
`~ ~ ~,,,,'
TAX PARCEL 61.04-2-80 ~=,P'~'~~~
~• 119e.1'
. ~ ~~~
I ~
JEFFREY W. THOMAS 8 w r i j
RHONDA L. THOMAS ~ Ig I ~ i ~
PT TRACT 5 I~' E ;
~`
s1 ~~
C.L. BUSH ESTATE A[NL `: ~ ~'
D.6.1388, PG 1584 ~pNRY ~ ~$ ~ ~ i
WALL ~..~~1 ..---~ .y ~ ~y
~
;s ~
I
a p0.4~
g ~ P B, 5,
P'"
v I ~ Oa~ ~ N/F
v ~ TAX PARCEL 61.04-2-76
~ EL/ZABETH R. HEVENER
LOT 1 BLOCK 2
CHESTNUTMOUNTABJESTATES 1
- - N23'S8 pp~ INSTR. ;x/200302287
~ ~ 145.1x'
S ° N~
. $ TAX PARCEL 61.04-2-77
EL/ZABETH R. HEVENER
~s\w PT TRACT 5
~9B• ~ _ C.L. BUSHESTATF.
~ ` 24' C.P.P. ~ INSTR. ;~l200302287
` /N/. OUT
--~ANCHOR~~ 1207.5'
U.P. CONCRETE
d~ S70NE
_ D/TCH
.~ _
~~ ~
R7 7~ W.AI.
CURVE DATA Nz~~ I ,~~~ ~ ~ ~
CURVE ? CURVF it '~*1 i ~ EDGE OF ~ w ~ ~ ~ ~ 9
R=25.00' R 25.00' t'1 GRAVEL I (~ ~ ~ ~ o ~ H
L=17.33' L=17.33' / ~ o~
D=39'42'49" D=39'42'49' ,p ~' m n~
T=9. Q7' T=9.03' ~' p1~ ~ ~ ~ A - v ^y `~
CH=N49'47'36'W CH=589'3014 ~ ~ ~ a ,~,~ I ^y
CHORD D/ST.=16.98' CHORD D/ST.=16.98' \ ~ ~ ' ~ C
CURVE 1~' CURVE B" ~ ~ ~ ~ ~ A[ASONRY
R=40.00' R=40.00' ~• ~ ~ ~~~III ~ I I ~. WALL
L=55.45' L=55.45' \ I" ~
D=791538" D=79'25:78" O m Q I I N/F
r=.zz22' r-~.z322' Sa ~l C I TAX PARCEL 61.04-2-78
CH=N89'39 00'W CH=589'39 AO E ~ 1'~ Z
CHORD D/ST.=51.12' CHORD D/ST.=51.12• ~P ,~ I PATR/C/A RUSH W/LL/AMSON
~ ~- PT TRACT 5
CURVE D' CURVE C' i ~~~ LRF. C.L. BUSH ESTATE
R=25.00' R=25.00' CUY J ~ +Z \
L=17.33' L=17.33' ANCHOR ~`~'~+csk, L1 \ W.B. 55, PG. 493
D=39'42 *9' D=39'42 49' ~ 5/ 4j' -p ~,\ \ \ \
T=9.03' T=9.Q7' ~ N/F ~ ' \ \ \
CH N89'30141Y CH=S49'47'38~ / o ~. \ \
CHORD D/ST.=18.98' CHORD D/ST.=18.98' ~E TAX PARCEL 61.04-2-79 o N28•p8O02\
L/NE TABLE 5~S1k~y JOYCE R. SH/ELDS /~53" \ ~ At~no ~
UNE BEAR/NG LENGTH ~ PT TRACT 5
10.0' P.U.E.
C.L. BUSH ESTATE D.B. 935, PC. 738
L 1 569'39 001r 13.97'
L2 589'39 00 £ 200 D.B. 976, PG. 810
EXHIBIT "B"
RIGHT-OF-WAY TO BE ACQUIRED PLAT SHOWING
AREA= 675.76 S. F. 0.0155 Ac. RIGHT-OF-WAY BEING CONVEYED
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
SAN/TARr A4NlHOLE -,- JEFFREY W. & RHONDA L. THOMAS
70P ELEV.=1212.9'
E. /M! /N 1207.7' ROANOKE COUNTY TAX MAP PARCEL #61.04-02-80.00
SITUATED ALONG CHESTNUT MOUNTAIN CIRCLE
sav/r'°RY'uwy°cE ~ VINTON MAGISTERIAL DISTRICT
TOP ELEV. =1232.95'
N/E /NV /N==1227.95• ROANOKE COUNTY, VIRGINIA
S/E //W. /N=1227,9"
w. //w. our=122s 1' SCALE: 1 "= 50' DATE: JULY 9, 2008
PREPARED BY ROANOEO; COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
ACTION NO.
ITEM NO. SI - ~-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEE"PING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 13, 2009
Appointments to Committees, Commissions, and Boards
Brenda J. Holton, CMC
Deputy Clerk to the Board
John M. Chambliss, Jr. ~~,_
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Library Board (appointed by district)
Lisa Boggess, who represents the Vinton District, has notified Supervisor Altizer that
she is no longer a County resident. Her four-year term expired on December 31, 2008.
2. Social Services Advisory Board (appointed by district)
The four-yearterm of Douglas C. Forbes, Vinton Magisterial District, expired on July 31,
2008. Mr. Forbes is not eligible for reappointment as he has served two consecutive
terms.
CI-~
AT A REGULAR MEET"ING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT "fHE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 13, 2009
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM K- 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 January 13,
2009 designated as Item K -Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 tl-irough 4
inclusive, as follows:
1. Resolutions of appreciation to the following employees who retired on January 1,
2009:
(a) Larry L. Greene, Parks, Recreation and Tourism Department, after more
than thirty-five years of service
(b) Lawrence J. Onan, Parks, Recreation and Tourism Department, after more
than twenty-nine years of service
(c) Sharon K. Pollard, Social Services Department, after ten years of service
2. Request from the schools to accept and appropriate funds in the amount of
$84,659.54 for fiscal year 2008-2009
3. Request from the Police Department to accept and appropriate an amendment
to a Division of Motor Vehicle Grant for an additional $36,500, and a grant
administered by the U.S. Department of Justice's Bulletproof Vest Partnership in
the amount of $21,602.50
4 Request from the Sheriff's Office to accept and appropriate a Federal Grant from
the Department of Criminal Justice Services under the Criminal Justice Record
System Improvement Program in the amount of $109,294
"that the Clerk to the Board is hereby authorized and directed where required bylaw
to set forth upon any of said items the separate vote tabulation for any sucri item pursuant
to this resolution.
2
ACTION NO.
ITEM NO. I~ - ~ C_a -C~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 13, 2009
AGENDA ITEM: Resolutions of appreciation to the following ernployees who
retired on January 1, 2009:
(a) Larry L. Greene, Parks, Recreation and Tourism
Department
(b) Lawrence J. Onan, Parks, Recreation and Tourism
Department
(c) Sharon K. Pollard, Social Services Department
SUBMITTED BY: Brenda J. Holton
Deputy Clerk to the Board
APPROVED BY: John M. Chambliss, Jr.
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
Recommend approval
SUMMARY OF INFORMATION:
The following County personnel retired on January 1, 2009, and have requested that their
resolutions of appreciation be mailed:
(a) Larry L. Greene, Parks, Recreation and Tourism Department, after more than thirty-five
years of service
(b) Lawrecne J. Onan, Parks, Recreation and Tourism Department, after more than twenty-
nine years of service
(c) Sharon K. Pollard, Social Services Department, after ten years of service
STAFF RECOMMENDATION:
It is recommended that the Board approve the attached resolutions and direct the Deputy
Clerk to mail them to the retirees with the appreciation of the Board members for their
many years of service to the County.
k_i.~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA"PION
CENTER ON TUESDAY, JANUARY 13, 2009
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO LARRY L. GREENE, PARKS,
RECREATION, AND TOURISM DEPARTMENT, UPON HIS RETIREMENT
AFTER THIRTY-FIVE YEARS OF SERVICE
WHEREAS, Larry L. Greene was employed by Roanoke County on November 19,
1973; and
WHEREAS, Mr. Greene retired on January 1, 2009, as a Motor Equipment Operator
I with the Department of Parks, Recreation, and Tourism after 35 years and 2 months of
service to Roanoke County; and
WHEREAS, Mr. Greene was committed to providing a quality product and service
for Roanoke County, and his friendly, helpful, and outgoing personality made rim a true
ambassador for the Roanoke County Parks, Recreation, and Tourism Department; and
WHEREAS, Mr. Greene, through his employment with Roanoke County, has been
instrumental in improving the quality of life and providing services to the citizens of
Roanoke County.
NOW, THEREFORE, BE IT RESOLVED thatthe Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to LARRY L. GREENE for more than thirty-five years of capable, loyal, and
dedicated service to Roanoke County, and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
~_ ~ ,~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA"I"ION
CENTER ON TUESDAY, JANUARY 13, 2009
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO LAWRENCE J. ONAN,
PARKS, RECREATION, AND TOURISM DEPARTMENT, UPON HIS
REl'IREMENT AFTER TWENTY-NINE YEARS OF SERVICE
WHEREAS, Lawrence J. Onan was employed by Roanoke County on June 1, 1979;
and
WHEREAS, Mr. Onan retired on January 1, 2009, as a ParksAdministratorwiththe
Department of Parks, Recreation and Tourism after 29 years and 7 months of service to
Roanoke County; and
WHEREAS, Mr. Onan's efforts contributed to optimizing the efficiency and
effectiveness of the Roanoke County Parks Department and helped to maintain a safe
work environment for Park employees as well as safe facilities for the Park visitors of
Roanoke County; and
WHEREAS, Mr. Onan also served as Appraiser I and Appraiser I I in the Real Estate
Valuation Department; and
WHEREAS, Mr. Onan, through His employment with Roanoke County, has been
instrumental in improving the quality of life and providing services to the citizens of
Roanoke County.
NOW, "THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to LAWRENCE J. ONAN for more than twenty-nine years of capable, loyal, and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
I~-I.~.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA"I"ION
CENTER ON "TUESDAY, JANUARY 13, 2009
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO SHARON K. POLLARD,
SOCIAL SERVICES DEPARATMENT, UPON HER RETIREMENT AFTER
TEN YEARS OF SERVICE
WHEREAS, Sharon K. Pollard was employed by Roanoke County on April 13, 1998;
and
WHEREAS, Ms. Pollard retired on January 1, 2009, as an Eligibility Workerwith the
Social Services Department after 10 years and 8 months of service to Roanoke County;
and
WHEREAS, Ms. Pollard served all of the Roanoke County citizens she came in
contact with through Social Services with great care and concern; and
WHEREAS, Ms. Pollard, through her employment with Roanoke County, has been
instrumental in improving the quality of life and providing services to the citizens of
Roanoke County.
NOW, "THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to SHARON K. POLLARD for more than ten years of capable, loyal, and dedicated
service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
ACTION NO.
ITEM NO. ~~- 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
APPROVED BY:
January 13, 2009
Request from the schools to accept and appropriate funds in
the amount of $84,659.54 for fiscal year 2008-2009.
John M. Chambliss, Jr.
County Administrator ~~~--
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County Schools requests that the Board accept and appropriate the following:
"fhe purpose of this grant is to support a parent education initiative for the Driver
Education program in Roanoke County Schools. This initiative is a cooperative effort
between the Roanoke County Public Schools, the Roanoke County Police Department,
Allstate Insurance, and the Allstate Foi.indation. The purpose of this program is to
develop and improve safe driving habits for our teen drivers. The focus of this program
will be to:
• Increase parental involvement in the education of our teen drivers.
• Create awareness of the parent's responsibilities in the student's driver education
and licensing process.
• Create opportunities for better partnerships between teens and their parents in
developing responsible drivers.
• Develop a better understanding of the impact of driver behavior on the community.
This grant from the Allstate Foundation in the amount of $2,166 will support the
continuation of the Partnering for the Privilege Safe Teen Driving program initiated in
2006. This program will include parent meetings for each of our five high schools with
the potential of reaching over 1200 students and their families. The goal of the
Roanoke County program is to present one parent meeting in each of the five high
schools by March 2009. The target audience will be parents of teens preparing for or
those in the process of acquiring a driver's license.
2. Roanoke County Schools and Virginia Western Community College have an agreement
whereby the college provides college level courses in English, US History, AP Calculus
and certain technical and science subjects. These courses are taught by Roanoke
County teachers who meet the college's criteria for adjunct professors. Monies that
have been collected exceed the expenses; therefore, there is a request for these
additional funds to be appropriated.
Roanoke County Schools collected $129,850.00 tuition from 1076 students. VWCC will
reimbi.irse $220,696.38 for services rendered (teachers, administrating expenses,
rooms, utilities, and maintenance). Roanoke Coi.inty Schools owes VWCC $294,261.84
for tuition and technology fees and college service fees. The difference between what
was collected and what was spent is $56,284.54.
Roanoke County Schools requests that $56,284.54 be appropriated to the instructional
program.
3. Roanoke County Public Schools submitted a Learn and Serve Virginia: An
Environmental Approach to Service Learning grant proposal to the Virginia Department
of Education. ""fhe Roots of the Watershed and Into the Stream" grant will be based out
of the Glenvar Middle and Glenvar High schools, but will include training, programs and
activities for all Roanoke County middle and high school science teachers and
students. The grant allocation is the amount of $26,209. In kind match ($26, 000+) will
be satisfied by time and involvement of meaningful outdoor water experiences at such
localities as; Chesapeake Bay, Carrip Bethel, Camp Roanoke, W.E. Skeleton 4-H
Center, and others.
The Science Grant budget will be increased by $26,209.
FISCAL IMPACT:
1. The driver education program will be increased by $2,166.
2. The instruction budget will be increased by $56,284.54.
3. "fhe science budget will be increased by $26,209.
ALTERNA"FIVES:
None
STAFF RECOMMENDATION:
Staff recommends the appropriation of funds in the amount of $84,659.54 for Fiscal year
2008-2009.
ACTION NO.
ITEM NO. I~-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS"fRATION CENTER
MEETING DATE: January 13, 2009
AGENDA ITEM: Request to accept and appropriate an amendment to a
Division of Motor Vehicle Grant for an additional $36,500, and
a grant administered by the U. S. Department of Justice's
Bulletproof Vest Partnership in the amount of $21,602.50.
SUBMITTED BY:
APPROVED BY:
James R. Lavinder
Chief of Police
John M. Chambliss, Jr.
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Department of Motor Vehicles has issued an amendment that provides an
additional $36,500.00 in funds that will increase an originally approved grant from $25,500
to a total of $62,000. These funds will be used to purchase equipment, pay for personnel
to analyze crash reports, and provide specialized traffic crash and safety training. These
funds are for fiscal year 2009 (October 1, 2008 thru September 30, 2009.) "there is no cost
to Roanoke County.
The Bulletproof Vest Partnership Grant provides funds to assist in the purchase of
protective vests for law enforcement and correctional officers. This is a fifty percent match
which provides for half the cost of each vest up to a total of $21,602.50 of federal funds.
This grant is provided to the Roanoke County Police Department and the Roanoke County
Sheriff's office. Matching funds from the current department budgets will be $15,075 from
the Police Department and $6,525.50 from the Sheriff's Office. "the period for this grant is
April 1, 2008 thru March 31, 2010.
FISCAL IMPACT:
None.
ALTERNA"FIVES:
None.
STAFF RECOMMENDAI"ION:
Staff recommends acceptance and appropriation of the Department of Motor Vehicle grant
amendment in the amount of $36,500 and the Bulletproof Vest Partnership grant in the
amount of $21,602.50.
ACTION NO.
ITEM NO. ~-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 13, 1009
AGENDA ITEM: Request from the Sheriff's Office to accept and appropriate a
Federal Grant from the Department of Criminal Justice
Services under the Criminal Justice Record System
Improvement Program in the amount of $109,294
SUBMITTED BY: Gerald S. Holt
Sheriff
APPROVED BY: John M. Chambliss, Jr.
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Sheriff's Office has received approval for a grant which provides continued funds from the
Department of Criminal Justice Services for a Criminal Justice Record System Improvement
program. This program will provide funds to purchase additional equipment that will further upgrade
the Jail Management System & Document Imaging software. This grant was approved by letter on
December 18, 2008. This grant award is for a twelve month period, from January 1, 2009, through
December 31, 2009.
FISCAL IMPACT:
Matching funds are available in the Sheriff's Office budget. The grant is in the amount of $109,294
in federal funds and $36,431 local cash match for a total of $145,725 and requires no additional
funding from the Board of Supervisors.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends that the Board accept and appropriate the awarded grant funds.
n- i
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Amount
of General
Fund Revenue
Audited balance at June 30, 2008 $ 16,743,199
Addition for 2007-08 Operations 906,609
Appropriation for staff at the Clearbrook Station (156,000)
Balance at January 13, 2009 $ 17,493,808
9.51
9.30% **
Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General
Fund Unappropriated Balance incrementally over several years.
'` 2007-08 a range of 8.5%-9.5% of General Fund Revenues
2007-2008 General Fund Revenues $176,033,678
8.5% of General Fund Revenues $14,962,863
9.5% of General Fund Revenues $16,723,199
** 2008-09 a range of 9.0%-10.0% of General Fund Revenues
2008-2009 General Fund Revenues $188,178,858
9.0% of General Fund Revenues $16,936,097
10.0% of General Fund Revenues $18,817,886
The Unappropriated Fund Balance of the County is currently maintained at 9.30% which is within the ran
for 2008-09. The balance will be increased over time to the following ranges:
2009-2010 9.5%-10.5%
2010-2011 10.0 %-11.0
Submitted By Rebecca E. Owens
Director of Finance
Approved By John M. Chambliss, Jr.
County Administrator G'
(~ - z
COUNTY OF ROANOKE, VIRGINIA
CAPITAL RESERVES
Minor County Capital Reserve
(Projects not in the CIP, architectural/engineering services, and other one-time expenditures.)
Audited balance at June 30, 2008
Addition for 2007-2008 Operations
Unappropriate funds for architect/engineering fees for the renovation
of the former Southview Elementary School
Balance at January 13, 2009
Major County Capital Reserve
Amount
$1,540,757.20
298,490.00
175,000.00
$2,014,247.20
(Projects in the CIP, debt payments to expedife projects identified in CIP, and land purchase opportunities.)
Audited balance at June 30, 2008
Balance at January 13, 2009
Submitted By
Approved By
Rebecca E. Owens
Director of Finance
John M. Chambliss, Jr. /~~
County Administrator 4
$2,339,030.00
$2,339,030.00
0-3
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2008-2009 Original Budget $ 300,000.00
June 24, 2008 Allocation to Art Museum of Western Virginia and Roanoke County (200,000.00)
Public Schools for Education
July 8, 2008 Appropriation for Legislative Liaison ($24,000.00)
August 28, 2008 Appropriation for Development of a Regional Water Supply Plan ($11,100.00)
Balance at January 13, 2009 $ 64,900.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By John M. Chambliss, Jr.
County Administrator ~~
ACTION NO
ITEM NUMBER ~- f
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: January 13, 2009
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
December 31, 2008.
SUMMARY OF INFORMATION:
GOVERNMENT:
SUNTRUST/ALEXANDER KEY 53,871,086.02
SUNTRUST/ALEXANDER KEY CONTRA 930,300.54
SUNTRUST SECURI"PIES 5,001,309.47
SUNTRUST SECLRITIES CONTRA 56,497.75 59,859,193.78
LOCAL GOVT INVESTMENT POOL:
GENERAL OPERATION (G.O.)
6,977,261.45 6,977,261.45
MONEY MARKET:
BRANCH BANKING & TRUST
STELLAR ONE
SUNTRUST/ALEXANDER KEY
SUNTRUST SECURITIES
SUNTRUST SWEEP
WACHOVIA
TOTAL
73,055.09
32,720.37
46,937,998.74
3,104, 959.63
3,748,991.54
48,319.46 53,946,044.83
120,782,500.06
01 /06/09
r
~-5
TELECOMMUNICATIONS TAX REPORT
COUNTY OF ROANOKE, VIRGINIA
Month of
Collection Tax Description 2006 2007 2008
January Consumer Utility Tax Landline $ 94,947.90 $ 86,811.94 $ -
Consumer Utility Tax Wireless 116,433.91 123,642.12 -
Communication Sales and Use Tax - - 275,569.88
E911 Service Tax 61,427.25 61,676.60 -
Cable Franchise fee 240,925.74 237,369.11 85,908.48
Total 513,734.80 509,499.77 361,478.36
February Consumer Utility Tax Landline 93,052.78 11,481.03 -
Consumer Utility Tax Wireless 116,093.91 - -
Communication Sales and Use Tax - - 291,112.62
E911 Service Tax 59,753.00 58,515.52 -
Cable Franchise fee - 36,121.67 70,725.82
Total 268,899.69 106,118.22 361,838.44
March Consumer Utility Tax Landline 92,561.36 - -
Consumer Utility Tax Wireless 104,178.63 - -
Communication Sales and Use Tax - 207,485.17 387,479.10
E911 Service Tax 64,339.14 - -
Cable Franchise fee - 80,692.40 98,803.20
Total 261,079.13 288,177.57 486,282.30
April Consumer Utility Tax Landline 96,802.50 - -
Consumer Utility Tax Wireless 128,673.20 - -
Communication Sales and Use Tax - 270,338.98 317,663.49
E911 Service Tax 60,650.90 - -
Cable Franchise fee 216,295.38 75,020.70 92,881.59
Total 502,421.98 345,359.68 410,545.08
May Consumer Utility Tax Landline 92,941.49 - -
Consumer Utility Tax Wireless 117,319.69 - -
Communication Sales and Use Tax - 271,078.33 288,110.06
E911 Service Tax 60,264.73 - -
Cable Franchise fee - 92,259.95 96,747.70
Total 270,525.91 363,338.28 384,857.76
June Consumer Utility Tax Landline 95,748.48 - -
Consumer Utility Tax Wireless 119,760.11 - -
Communication Sales and Use Tax - 268,293.91 287,652.25
E911 Service Tax 60,455.05 - -
Cable Franchise fee - 84,186.19 88,081.94
Total 275,963.64 352,480.10 375,734.19
July Consumer Utility Tax Landline 95,017.26 - -
Consumer Utility Tax Wireless 121,823.44 - -
Communication Sales and Use Tax - 300,558.02 287,204.09
E911 Service Tax 59,649.70 - -
Cable Franchise fee 245,481.66 78,603.22 97,675.11
Total 521,972.06 379,161.24 384,879.20
August Consumer Utility Tax Landline 92,306.09 - -
Consumer Utility Tax Wireless 116,219.46 - -
Communication Sales and Use Tax - 237,729.17 286,202.34
E911 Service Tax 59,979.00 - -
Cable Franchise fee - 86,818.45 90,061.68
Total 268,504.55 324,547.62 376,264.02
September Consumer Utility Tax Landline 85,834.51 - -
Consumer Utility Tax Wireless 121,460.78 - -
Communication Sales and Use Tax - 258,253.93 263,989.14
E911 Service Tax 59,393.73 - -
Cable Franchise fee - 87,629.46 90,094.71
Total 266,689.02 345,883.39 354,083.85
October Consumer Utility Tax Landline 83,920.09 - -
Consumer Utility Tax Wireless 122,949.21 - -
Communication Sales and Use Tax - 349,811.69 246,591.98
E911 Service Tax 58,855.42 - -
Cable Franchise fee 226,573.74 87,629.46 95,604.91
Total 492,298.46 437,441.15 342,196.89
November Consumer Utility Tax Landline 84,089.65 - -
Consumer Utility Tax Wireless 120,728.15 - -
Communication Sales and Use Tax - 349,007.66 343,044.53
E911 Service Tax 59,751.01 - -
Cable Franchise fee 28,744.85 85,936.15 91,806.51
Total 293,313.66 434,943.81 434,851.04
December Consumer Utility Tax Landline 83,566.76 - -
Consumer Utility Tax Wireless 121,724.13 - -
Communication Sales and Use Tax - 283,592.07 263,974.32
E911 Service Tax 60,069.78 - -
Cable Franchise fee - 87,478.22 98,114.05
Total 265,360.67 371,070.29 362,088.37
Grand Total $ 4,200,763.57 $ 4,258,021.12 $ 4,635,099.50
"Effective 2007 the Cable Franchise Fee is received monthly as compared to quarterly receipts in 2006.
**2007 Breakdown provided by the State of Virginia Tax Department
Submitted By Rebecca E. Owens
Director of Finance
Approved By John M. Chambliss, Jr.
County Administrator
AT A REGULAR MEETING OF "fHE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 13, 2009
RESOLUTION 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 conforrriity 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 mernber's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting wr~ich 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.
ACTION NO.
ITEM NO. S-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS"fRATION CENTER
MEE"PING DATE:
January 13, 2009
AGENDA ITEM: Confirmation of Board merriber appointments to comrriittees,
corrirriissions, and boards for 2009
SUMMARY OF INFORMATION:
The Board will confirm committee appointments following the Closed Meeting.
FOR INFORMATION ONLY
Roanoke County Board of Supervisors
2008 Committee Appointments
Committee Assignment Representin Term Expiration
Richard C. Flora, Chair
Fifth Planning District Regional Alliance Chair None
Local Government for Sustainability (ICLEI) (Charlotte Moore
serves as his designee)
Chair
None
Roanoke Valley Economic Development Partnership Chair None
Virginia Association of Counties Liaison Chair None
Total Action Against Poverty Board of Directors (Ms.
Elizabeth Stokes serves as his designee)
Board
2- ears
5/5/2010
Roanoke Valley-Alleghany Regional Commission
Metropolitan Planning Organization
Board
3- ears
7/1/2011
is ae tizer, ice- air
Virginia Association of Counties Legislative Contact Vice-Chair None
Audit Committee Board None
Roanoke County Cable Television Committee Board None
Roanoke Valley-Alleghany Regional Commission Water
Supply Policy Committee
Board
None
Regional Storm Water Management Committee Board None
Roanoke Valley Regional Cable Television Committee Board None
Western Virginia Regional Jail Authority Board 1- ear 12/31/2009
osep urc
Roanoke County Cable Television Committee Catawba District None
Social Services Advisory Board Board 4-years 8/1/20101
Virginia's First Regional Industrial Facilities Authority
(Alternate)
Board
4-years
6/30/2010
Western Virginia Regional Jail Authority (Alternate) Board 1- ear 12/31/2009
Joseph P. McNamara
Audit Committee Board None
Roanoke Valley-Alleghany Regional Commission Board 3- ears 6!3012011
Roanoke Valley-Alleghany Regional Commission
Metropolitan Planning Organization
Board
3- ears
7/1/2011
School Construction Committee Board None
Charlotte A. Moore
Chair's Designee to the Local Governnment for Sustainability
(ICLEI)
Chair
None
Roanoke Valley-Alleghany Regional Commission Board 3- ears 6/30/2010
Roanoke Valley-Alleghany Regional Commission
Metropolitan Planning Organization (Alternate)
Board
3- ears
7/1/2011
Virginia's First Regional Industrial Facilities Authority Board 4- ears 6/30!2010
(1) Shaded areas are specific to the Chair and Vice Chair.
(2) Appointments with future expiration dates are assumed
to remain with the appointed Board member unless action is
taken otherwise.
ACTION NO.
ITEM NO. T ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 13, 2009
AGENDA ITEM: Work session to discuss fiscal year 2009-2010 budget
development
SUBMITTED BY: Brent Robertson
Director of Management and Budget
APPROVED BY: John M. Chambliss, Jr. ~
County Administrator ~`
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This time has been set aside to provide an update on FY2009-2010 budget development.
The following will be reviewed:
• Budget process update
o Preliminary FY09-10 revenue/expenditure estimates
o Departmental budget reductions
o Job Bank actions
o Procedure for human service and cultural agency requests
o Capital projects
Update on governor's proposed budget
• Budget development calendar
County of Roanoke
Budget Development Calendar
FY 2009-2010
October
• CIP Review Committee meets to prioritize projects and make recommendations
• Departmental Budget Reduction meetings with Administration
November
• Departmental Business Plans due
• Prepare preliminary revenue estimates
• CIP work session with Board of Supervisors
December
• Significant Funding Requests (Targets} due December 5, 2008
• Personnel Verification Reports distributed to Departments
• Revenue team meets. Preliminary revenue projections completed
January
• Personnel Verification Reports due
• Mid-Year Revenue and Expenditure Reports completed
• Investment Budget Requests (Line-items) due
• Work Session: Joint County Board of Supervisor/School Board
February
• Departmental Budget presentations to the County Administrator
• Public Hearing: General Comment on FY2009-2010 budget
• Public Hearing: Tax rates and tax assessments
• CIP Review Committee Final Recommendation to Board of Supervisors
March
• Tax rates adopted by Board of Supervisors
• Line Item Budget available for Board Review
• Work Session: Joint County Board of Supervisor/School Board
• Work Session: Contributions from local human service, cultural, and tourism
service agencies
April
• School Budget adopted by Board of Supervisors
• County Administrator presents Budget to Board of Supervisors
• Public Hearing: Proposed FY2009-2010 Budget
May
• First reading of appropriation ordinance
• Board adopts FY2009-2010 Budget and CIP
• Second reading of appropriation ordinance
ACTION NO.
ITEM NO. -T- Z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRAI"ION CENTER
MEETING DATE: January 13, 2009
AGENDA ITEM: Work Session on amending the Noise Ordinance
SUBMITTED BY: Paul M. Mahoney
County Attorney
SUMMARY OF INFORMATION:
Supervisor Moore requested and the Board concurred in scheduling a work session to
consider amending the County's Noise Ordinance to eliminate the current prohibitions
based upon either the general prohibition or specific acts listed in the ordinance, and to
replace it with an ordinance based upon decibel readings.
The general prohibition is based upon the definition of a "noise disturbance" which
endangers or injures the safety or health of any person, or annoys or disturbs a
reasonable person of normal sensitivities, or endangers or injures personal or real
property. There are nine specific acts listed in Sec. 13-21 of the County Code (see
Exhibit A) linked to the time of day that also constitute a noise disturbance. The genera{
prohibition is rarely used due to the lack of specificity. The bulk of proseci.ations for
noise violations in Roanoke County arise from the specific prohibitions.
Over 30 localities in the Commonwealth of Virginia have adopted ordinances regulating
noise based upon decibel readings. Common features of these ordinances fall into
three categories: the range or limit of a specific decibel reading, the time of day or night,
and a distinction (higher decibel readings allowed) between residential and commercial
or industrial areas. A chart listing common sounds and their decibel reading is attached
as Exhibit B. The decibel level at which sustained exposure may result in hearing loss
is 90-95 dB; pain begins at 125 dB. OSHA regulations list permissible noise level
exposures: 8 hours per day - 90 dB, 4 hours per day - 95 dB, 2 hours per day - 100 dB,
1 hour per day - 105 dB.
Here are some definitions from various ordinances:
Sound level, expressed in decibels (dB), means a logarithmic indication of the
ratio between the acoustic energy present at a given location and the lowest amount of
acoustic energy audible to sensitive human ears and weighted by frequency to account
for characteristics of human hearing, as given in the American National Standards
Institute Standard S1.1, Acoustic Terminology, paragraph 2.9, or successor reference.
Some references to "d B" utilize the A-level weighting scale, abbreviated "dB(A)".
A-weighted decibel means the sound level, in decibels, measured with a sound
level meter using the A-weighting network or scale as specified in the ANSI S1.4-1983
(specification for sound level meters). The level so read shall be postscripted dB(A) or
d BA.
ANSI means the American National Standards Institute, Inc., New York, New
York.
Decibel means a unit that describes the sound pressure level or intensity of
sound. The sound pressure level in decibels is twenty (20) times the logarithm to the
base ten (10) of the ratio of the pressure of the sound in microbars to a reference
pressure of two ten thousandths (0.0002) microbar; abbreviated d6.
Sound level is the weighted sound pressure level obtained by the use of a sound
level meter and the A-frequency weighting network, as specified in American National
Standards Institute specifications for sound level meters.
Sound level meter means an instrument to measure sound pressure levels that
meets or exceeds performance standards for a Type S2A meter as specified by the
ANSI.
Sound pressure level means the intensity in decibels (dB) of a sound.
These ordinances apply different sound levels measured in dB or dBA, from 50 d6 in
residential areas at night to 80 or 89 d6 in industrial areas during the day. Others apply
an increase of 5 dB over the an~ibient or background noise level. Approximately one
year ago several citizens complained about noise emanating from Mennel Mill (Bennis
Rd./Commonwealth Dr.). Economic Development staff borrowed a meter and took 9
readings from various residential locations surrounding the mill. These readings ranged
from 60 d6-67 dB (one reading was 74 dB) when the mill was stopped (ambient or
background noise level) to 85 dB on a windy day, and 95.5 dB when a train passed by.
Decibel meters cost approximately $1100.00. The Chief of Police recommends
purchasing at least 8 meters. The use of a decibel-based ordinance would simplify
enforcement with more concise and definable evidence. There are also training
expenses and compliance costs (annual maintenance, calibration, certification and
testing of the meters for accuracy).
Much of Roanoke County's commercial and industrial development is linear, that is,
located along arterial roads and primary highways, and instead of concentrated in a
central core. This commercial and industrial development adjoins residential
development. Modern business often operates 24 hours a day, seven days a week.
Conflicts between industrial/commercial uses and residential uses are inevitable, and
balancing these competing demands will be difficult.
2
Here are several factors to consider in deciding this issue:
(1) Level of noise (what is and is not permissible);
(2) Origin of the noise (natural or manmade);
(3) Proximity of noise to residential areas;
(4) Zoning of the area from which the noise emanates;
(5) Time of day or night the noise occurs;
(6) Duration of the noise;
(7) History of the noise (i.e. was the business creating the noise in operation prior
to the construction of the adjoining residential uses);
(8) Penalty for violations and enforcement.
STAFF RECOMMENDATION:
If the Board wishes to proceed with this approach and amend the County Code to
provide for decibel levels for criminal enforcement of violations, then this office will
prepare a draft ordinance modeled upon other jurisdictions in this Commonwealth.
Comments from the public and the business community should be solicited, since this
may have an impact upon existing business operations.
3
Exhibit A
Sec. 13-21. Specific acts as noise disturbances.
The following acts are declared to be noise disturbances in violation of this article. The
acts so specified shall not be deemed to be an exclusive enumeration of those acts
which may constitute a noise disturbance under section 13-20 and provided that the
acts so specified below may still constitute a noise disturbance under section 13-20
independently of the hours of the day such acts take place.
(l) Engaging in, or operating or causing to be operated any equipment used in the
construction, repair, alteration or demolition of buildings, streets, roads, alleys or
appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(2) Repairing, rebuilding or modifying any motor vehicle or other mechanical
equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in
a manner so as to be plainly audible across property boundaries.
(3) Loading or unloading trucks outdoors within one hundred (100) yards of a
residence between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(4) Sounding the horn or warning device of a vehicle, except when necessary as a
warning during the operation of the vehicle.
(5) Operating or permitting the use or operation of any radio receiving set, musical
instrument, television, phonograph or any other device for the production of sound,
between the hours of 10:00 p.m. and 7:00 a.m. the following day, at a volume sufficient
to be plainly audible across property boundaries or through partitions common to two
(2) residences within a building or plainly audible at fifty (50) feet from such device.
(6) Using or operating a loudspeaker or other sound amplification devices in a fixed or
movable position exterior to any building, or mounted upon any motor vehicle or
mounted in the interior of a building with the intent of providing service to an exterior
area for the purpose of commercial advertising, giving instruction, information,
directions, talks, addresses, lectures, or providing entertainment to any persons or
assemblage of persons on any private or public property, between the hours of 10:00
p.m. and 7;00 a.m. the following day.
(7) Using or operating any motor vehicle without factory installed mufflers or their
equivalent, on any public street or road in the county or on private property within a
residential zoning district.
(8) Using a radio receiving set, an audio cassette player, a compact disc player, or
other device for the production of sound in a motor vehicle at a volume sufficient to be
plainly audible at fifty (50) feet from such vehicle.
(9) Failure to deactivate an alarm system plainly audible at fifty (50) feet from such
alarm within such reasonable time as is established by section 16-23 of this Code.
(Ord. No. 102792-12, § 1, 10-27-92)
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