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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