HomeMy WebLinkAbout7/14/2009 - Adopted Board RecordsATA REGULAR MEETING GF THE BGARD ~F SUPERVISGRS QF RGANGKE
COUNTY, VIRGINIA, HELD AT *fHE RGAN4KE COUNTY ADMINISTRAI"IQN
CENTER ~N TUESDAY, JULY 14, 2009
RESOLUTION ~114D9-~ EXPRESSING THE APPRECIATION OF 'SHE
BDARD OF SUPERVISORS GF R4ANGKE COUNTY T4 JOHN IVI.
CHAMBLISS, JR., ASSISTANT COUNTY ADMINISTRATOR, UPON HIS
RETIREMENT AFTER THIRTY-SIX YEARS OF SERVICE
WHEREAS, John M. Chambliss, Jr. was first employed by Roanoke County on June
11,1913, as Assistant Finance Officer and was promoted to Assistant Director of Finance
on July 1,1916, where he served until July 1,1918, when he was promoted to Director of
Finance; and
WHEREAS, he was promoted to Assistant County Administrator on March 1,1986,
and acted as Interim County Administrator, from July 1, 2008 through March 15, 2009,
during which time he skillfully guided staff and departments through an extremely
challenging budgetary period; and
WHEREAS, Mr. Chambliss will retire from Roanoke County on July 31, 2009, as
Assistant County Administrator after thirty-six years and one month of service; and
WHEREAS, Mr. Chambliss, has been influential in the design and success of
numerous projects which have benefited nat only the citizens ofi Roanoke County, but
those inthesurrounding region aswell, includir~g~theCommunity Policyand Management
Team, the Regional Juvenile Detention Center and a new facility for the Society for the
Prevention of Cruelty to Animals and its governing Municipal Panel; and
WHEREAS, Mr. Chambliss was responsible for the CORTRAN program since its
inception, providing much needed public transportation for the elderly and handicapped
citizens of the County; and
Page 1 of 3
WHEREAS, most recently, he was instrumental in the formation of the Western
Virginia Regional Jail Authority, serving on its Board and as Roanoke County's
administrator for the site selection, development and successful completion of the facility;
and
WHEREAS, Mr, Chambliss represented Roanoke County on numerous advisory
boards and committees to include the Court Community Corrections Program Regional
Community Criminal Justice Board, the Regional Center for Animal Control and Protection,
the Roanoke Valley Juvenile Detention Commission and the Roanoke Valley Resource
Authority; and
WHEREAS, he also served the community for thirteen years as a volunteer
firefighter, reaching the rank of Volunteer Captain of Company 3, and currently serves as
President far that orgar~ization; and,
WHEREAS, throughout his tenure with Roanoke County, Mr. Chambliss has
displayed the highest standards of integrity, honor, and character and has, with
compassion, consistently improved the qualityof life for hisfellowemployees and citizens.
NnW, THEREFORE, BE IT RESaLVED that the Board of Supervisors of Roanoke
County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of
Roanoke Countyto JOHN IIII. CHA~IBLISS, JR. for more than tr~irty-six 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.
Page 2 of 3
~n motion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Church
A COPY TES~f E;
Becky R. M ador
Clerk to the Board of Supervisors
Page 3 of 3
ACTION N0. A-071409-2
ITEM N0. D-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 14, 2009
AGENDA ITEM: Request to appropriate $195,204 to compensate the City of
Roanoke for the fair value of the firing range and driving range
SUBMITTED BY: James R. Lavinder
Chief of Police
John M. Chambliss, Jr.
Assistant County Administrator
APPROVED BY: B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
The County of Roanoke recently notified the City of Roanoke of our intentionstoterminate
the agreements for the joint operation of the firing range and driving range located near
Dixie Caverns in the western part of Roanoke County.
In each of the agreements, language was included whereby "the City will be reimbursed for
the value of improvements and equipment for which the City has been invoiced and paid".
The value of said improvements has been reviewed by the Roanoke City Manager,
Roanoke County Administrator and their staff and the calculated value is $195,204.
FISCAL IMPACT:
Funding is available in the Minor Capital Fund.
STAFF RECOMMENDATION:
Staff recommends appropriating $195,204 from the Minor County Capital fund for payment
to the City of Roanoke for the fair value of the firing range and driving range.
Page 1 of 2
VOTE:
SupervisorAltizer moved to approve the staff recommendation.
Motion Approved
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Church ^ ^ ~
Mr. Flora ~ ^ ^
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: Clay Goodman, County Administrator
John Chambliss, Assistant County Administrator
Ray Lavinder, Chief of Police
Rebecca Owens, Director of Finance
Page 2 of 2
ATA REGULAR MEE`rING 4F THE BGARD OF SUPERVISORS GF RGANGKE
CGUNTY, VIRGINIA, HELD AT'fHE RGANGKE CGUNTY ADMINISTRAI`IGN
CENTER GN TUESDAY, JULY 14, 2009
RESGLUTIGN 41~4D9-3 GRANTING A V~AIVER UNDER SECTION ~3-23
OF THE R~AN~KE COUNTY CEDE TO THE PR~VISI~NS OF THE
CGUNTY'S NGISE GRDINANCE, ARTICLE II. NOISE GF CHAPTER ~3.
OFFENSES - MISCELLANEOUS OF THE R~AN~KE COUNTY CEDE, TO
FIRSTCH~ICE PUBLIC PRIVATE PARTNERS, LLC
VIIHEREAS, Firstchoice Public Private Partners, LLC, the contractor for the Roanoke
County Multigenerational Recreation Center, forthe purposes of climatizing the interior of
the structure in order to apply building finishes, has requested a waiver of the County's
noise ordinance as contemplated under Section 13-23. Undue hardship waiver to permit
the running of a large generator beginning on August 1, 2009 and ending on September
30, 2009; and
VIIHEREAS, Section 13-23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the Roanoke
County Noise ~rdinanceArticle II. Noise of Chapter 13. offenses -Miscellaneousto avoid
undue hardship upon consideration of certain factors set forth in subsection (b) of Section
13-23 and after making certain alternative findings.
BE IT RESGLVED by the Board of Supervisors of the County of Roanoke, Virginia,
as follows:
1. In making its determination as to whether to grant the requested waiver to the
Firstchoice Public Private Partners, LLC from the County's noise ordinance, the
Board of Supervisors has considered the following factors:
a. The time of day the noise will occur and the duration of the noise: Beginning
at approximately 5:00 p.m. on August 1, 2009, and ending 12:00 p.m. on
Page 1 of 4
September 3D, 2009; the noise will occur and last 24 hours a day. Although
permanent power maybe at the building as soon as August 21 allowing for
the generator to be discontinued, the date of September 3D is the date
requested incase of possible delays.
b. UVhetherthe noise is intermittent or continuous: -the noise produced by the
generator at the Multi-Generational Recreation Center, located at the
intersection of UVoodhaven Road and Valleypointe Parkway, will be
continuous.
c. The extensiveness of the noise: The generatorwill be located to the rear of
the building, between the structure and Route 581. The sound will not be
audible at any residence except for the possibility of one ho~~se located
across the street from the construction entrance on V1loodhaven Road, ~~he
noise level at the one house will be minimal.
d. The technical and economic feasibility of bringing the noise into conformance
with the noise ordinance: The generator has to be operated for24 hours per
day, 7 days per week in order to climatize the building to ensure finishes are
properly applied until permanent power can be delivered, therefore it is not
technically feasibleto conform with the noise ordinance unless completion of
the project is delayed several weeks.
e. ether matters related to the impact of the noise on the health, safety and
welfare of the community and the degree of hardship resulting from
enforcement of the ordinance: none.
f. The extentto which the noise is necessary and incidental to the commercial
Page 2 of 4
and industrial use generating the sound: The operation of the generator is
necessary for the completion of the Multi-Generational Recreation Center
unless significantdelays are accepted bythe County, Notgrantingthewaiver
would result in the contractor being unable to complete the project in
accordance with the pro~ectschedule, thereby sufferingsnbstantial penalties
for non-compliance with the Comprehensive Agreement. Furthermore,
denyir~gthewaiverrequestwould causethefacilityopeningto bedelayedto
the detriment of the community.
2. The Board of Supervisors makes the following finding: Compliance with the
provisions of the County's noise ordinance concerning the specific act of noise
disturbance by construction machinery or operations under si~ibsection ~1 } of
Section 13-21. Specific acts as noise disturbance or under the provision of Section
13-20. General prohibition would produce serious economic hardship for
Firstchoice Public Private Partners, LLC, without producing any substantial benefit
to the public.
3. That the provisions of Section13-21. Specific acts as noise, subsection ~1}and
Section 13-20. General prohibition of Article II. Noise of Chapter 13. Gffenses -
Miscellaneous be WAIVED for a period from August 1, 2009 until September 30,
2009.
4. ~fhis Waiver is granted specifically to Firstchoice Public Private Partners, LLC, its
officers, employees and agents for the operation of a generator at the M~~Iti-
Generational Recreation Center construction site in Roanoke County, Virginia for
work performed between August 1, 2009 and September 30, 2009.
Page 3 of 4
5. That tr~is vllaiver may only be extended upon written application and approval by the
Board of Supervisors.
6. That this Resolution shall be in full force and effect from its passage.
~n motion of Supervisor Altizer to adapt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Cr~urch
A COPY TESTE:
Becky R. M dor
Clerk to the oard of Supervisors
cc: Pete Haislip, Director of Parks, Recreation and Tourism
Dan O'Donnell, Assistant bounty Administrator
J. Ray Lavinder, Chief of Police
Pa~~l Mahoney, County Attorney
John Murphy, Zoning Administrator
Page 4 of 4
AT A REGULAR MEE"PING GF "fHE BGARD 4F SUPERVISORS GF R4AN4KE
CGUNTY, VIRGINIA, HELD AT "fHE RGAN4KE COUNTY ADMINISTRAI"IGN
CENTER ON TUESDAY, JULY 14, 2009
RES~LUTI4N 011409-4 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BDARD OF SUPERVISORS AGENDA FAR
THIS DATE DESIGNATED AS ITEM G - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
"f hat the certain section of the agenda of the Board of Supervisors for July 14, 2009
designated as Item G -~ ConsentAgenda be, and hereby is, approved and concurred in as
toeach item separately setforth in said section designated items 1 through 3 inclusive, as
follows:
1. Resolution accepting Tolman Circle and a portion of Crumpacker Drive into the
Virginia Department of Transportation Secondary Road System
2, Resolution authorizing 'the application, acceptance and appropriation of grant
funds in the amount of $100,000 from the Department of Homeland Security
~DHS}, administered through the Virginia Department of Emergency
Management, to the Department of Fire and Rescue to support the Regional
Technical Rescue Team
3. Request to accept and appropriate funds in the amount of $143,832 for the
Recovery Act Edward Byrne Memorial Justice Assistance Grant JAG}
~fhatthe Clerkto the Board is hereby authorized and directed where required by law
to setforth upon any of said items the separate vote tabulation forany such item pursuant
to this resolution.
Page 1 of 2
~n motion of Supervisor Flora to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Church
A COPY ~fES+fE:
Becky R. Me or
Clerk to the Board of Supervisors
cc: Arnold Covey, Director of Community Development
Richard Burch, Chief of Fire and Rescue
Ray Lavinder, Chief of Police
Rebecca Owens, Director of Finance
Page 2 of 2
AT A REGULAR MEETING GF 'f HE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA, HELD AT 'rHE RGANGKE CGUNTY ADMINISTRAI'IGN
CEN"f ER GN TUESDAY, JULY 14, 2009
RES~LU1'I~N ~114~9-4.a ACCEPTING T~LMAN CIRCLE AND A
P~RTI~N ~F CRUMPACKER DRIVE INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY RDAD SYSTEM
VIIHEREAS, the streets described on the attached VDGT Form AM-4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Gffice ofthe
Circuit Court of Roanoke County; and
VIIHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the streets} meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
VIIHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999 for comprehensive stormwater detention which
applies to this request for addition.
NG1N, THEREFGRE, BE IT RESGLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of
t~'iis resolution and all outstanding fees and documents required of the developer,
whichever occurs last in time.
BE IT FURTHER RESGLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESGLVED, that a certified copy of this resolution be forwarded to
the Residency Administrator for the Virginia Department of Transportation.
Page 1 of 2
Recorded Vote:
Moved by: Su ervisor Flora
Seconded by: NNone Required
Yeas: Su ervisors Moore Flora McNamara Altizer
Nays: None
Absent: Su ervisor Church
A Copy Teste:
Bec y R. Me or, Clerk
Roanoke Co~~nty Board of Supervisors
cc: Arnold Covey, Director of Community Development
Virginia Department of Transportation
hereby certify that the foregoing is a true and correct copy of Resolution O11409~4,a
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on
Tuesday, J ~~ ly 14, 2009.
Becky R. Meador
Clerk to the Board of Supervisors
Page Z of ~
ATA REGULAR MEETING OF THE BOARD GF SUPERVISORS GF RGANGKE
COUNTY, VIRGINIA, HELD AT THE RGANGKE CGUNTY ADMINISTRA~"IGN
CENTER ON TUESDAY, JULY 14, 2009
RES~LUTI~N 071409-4.b AUTHORIZING THE APPLICATION,
ACCEPTANCE AND APPR~PRIATI~N OF GRANT FUNDS IN THE
AMOUNT OF $100,000 FRAM THE DEPARTMENT OF HOMELAND
SECURITY ~DHS~, ADMINISTERED THRGUGH THE VIRGINIA
DEPARTMENT OF EMERGENCY MANAGEMENT, TO THE
DEPARTMENT OF FIRE AND RESCUE T4 SUPP4RT'~HE REGIONAL
'TECHNICAL RESCUE TEAM
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that
B. Clayton Goodman, III, County Administrator, or his designee, is hereby authorized to
execute for and on behalf of Roanoke County, a public entity established under the laws
of the State of Virginia, this application and to file it in the appropriate State Gffice for
the purpose of obtaining certain Federal financial assistance under the National
Preparedness Directorate, United States Department of Homeland Security ~DHS},
administered by the Commonwealth of Virginia.
That, Roanoke County, a public entity established under the laws of the
Commonwealth of Virginia, hereby authorizes it agent to provide to the Commonwealth
and to the DHS for all matters pertaining to such Federal financial assistance any and
all information pertaining to these Grants as maybe requested.
FURTHER, the Board of Supervisors of Roanoke County authorizes the
acceptance of said grant monies in the amount of $100,000 and authorizes the
appropriation of said monies for the purposes authorized in the grant application.
Page 1 of 2
4n motion of Supervisor Flora to adopt this resolution and passed and approved
this 14t~ day of July, 2009 by the following vote:
AYES; Supervisors Moore, Flora, McNamara, Altizer
NAYS: None
ABSENT; Supervisor Church
A COPY "fESTE:
Becky R. Mea or .
Clerk to the Board of Supervisors
cc: Richard E. Burch, Chief of Fire and Rescue
Rebecca Owens, Director of Finance
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of resolution o114o9-4.b
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, July 14, 2009.
Becky R. Meador
Clerk to the Board of Supervisors
Page 2 of 2
ACTION N0. A-071409-4.c
ITEM N0. G-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 14, 2009
AGENDA ITEM: Request to accept and appropriate funds in the amount of
$143,832 for the Recovery Act Edward Byrne Memorial Justice
Assistance Grant (JAG)
SUBMITTED BY: James R. Lavinder
Chief of Police
APPROVED BY: B. Clay Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke County Police Department made application to the Department of Justice-
Office of Justice Programs for funding under the Recovery Act Edward Byrne Memorial
Justice Assistance Grant Program Local Solicitation in the amount of $143,832 for the
purpose of providing replacement Mobile Data Terminals overathree-year period. There
are no matching funds required to receive this grant. The Police Department estimated in
the application to spend an aggregate of $6,219 from its yearly budget during the grant
period, which runs from March 1, 2009 through February 28, 2013.
FISCAL IMPACT:
None
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of funds in the amount of $143,832 for the
Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG).
VOTE:
Supervisor Flora moved to approve the staff recommendation.
Motion Approved
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Church ^ ^ ~
Mr. Flora ~ ^ ^
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: Ray Lavinder, Chief of Police
Rebecca Owens, Director of Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CEN~~ER ON TUESDAY, JULY 14, 2009
RESOLUTION 4T1449-5 CERTIFYING THE CLOSED MEETING UVAS
HELD IN CONFORMITY VIIrITH THE CODE of VIRGINIA
WHEREAS, the Board of Supervisorsof 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 Co~~nty, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, thatthe 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 aswere 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 Moore to adoptthe resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Church
A COPY TES"f E:
Becky R. M dor
Clerk to the Board of Supervisors