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HomeMy WebLinkAbout11/17/2009 - Adopted Board RecordsATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION 111709-1 FOR APPROVAL OF COUNTY-STATE AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE MERRIMAN ROAD ROUNDABOUT PROJECT WHEREAS, Title 33.1 of the Code of Virginia providesforthe availabilityoffundsfor implementing approved improvements to public streets to enhance and promote continued public safety along public streets; and WHEREAS, Roanoke County is desirous of administering this local project, consisting of the construction of a new roundabout on Route 613, Merriman Road at the intersection of Meadowlark Road, Route 1564, designated by VDOT as project number 0613-080-773 (UPC #94796), for the purpose of improving that section of Route 613, Merriman Road: and WHEREAS, the Commonwealth Transportation Board has approved this project; and WHEREAS, the Virginia Department of Transportation (VDOT) has estimated the cost of this project to be $1.2 million; and NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby authorizes the County Administrator or his designee to enter into a County-State agreement allowing the County to advertise, bid, award, and administer the construction contract for certain road improvements to Merriman Road (Project # 0613- 080-773 (UPC #94796) for the construction of a roundabout on Merriman Road and for Page 1 of 2 associated intersection irnprovements, said contract to be on a form approved by the County Attorney. on motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Elora, McNamara, Altizer NAYS: None ABSENT: Supervisor Moore A COPY TESTE: ti ec y R. Me or Clerk to the Board of Supervisors cc: George Ilv. Simpson III, P.E., County engineer Paul Mahoney, County Attorney Page 2 of 2 ACTION N0. A-111709-2 ITEM N0. F-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGIN IA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 17, 2009 AGENDA ITEM: Appropriation of $15,250 from the Asset Forfeiture Account for a Site Feasibility Study for the Proposed Criminal Justice Academy SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator Ray Lavinder Chief of Police APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 2008, Roanoke County established its own Criminal Justice Academy to provide training programs for the Roanoke County Police Department, the Roanoke County Sheriff's Office, the Emergency Communications Center staff, and the Western Virginia Regional Jail. Since its inception, the Academy has operated out of the Roanoke County Public Safety Center on Cove Road, which was not designed for this added function. This situation has resulted in crowded conditions at times, and will ultimately result in undue wear and tear on the Public Safety Center. In order to correct this condition, staff has investigated several possible locations for the construction of a Criminal Justice Training Academy facility. One potential site that seems feasible on face value is the site owned by the Roanoke County School Board located between Ponderosa Drive and the entranceto the Roanoke County School Administration Center, which is adjacent to the Public Safety Center on Cove Road. To that end, County Administrator Clay Goodman has discussed the possibility of using this site with School Board members and School Superintendent Dr. Lorraine Lange. They, in turn, have given verbal permission for the County to do a preliminary engineering study to determine the feasibility of using the site. Page 1 of 2 County staff has interviewed three architectural and engineering firms and have chosen Lumsden and Associates to perform the study, for a fee of $15,250. The scope of the study is divided into two phases. Phase one consistsof a reviewoftopographicaland grading issues, adimensional layout, availability of utilities, and storm water managementdesign optionswhich will include the feasibility of using green technologies such as pervious paving and rainwater harvesting. The cost for this phase is $7,500. The second phase, if phase one shows that the site can be used, is to prepare a surveyand plat, provide 8 soil borings and geotechnical analysis, and necessary laboratory testing. The second phase will cost $7,750, bringing the total cost to $15, 250. FISCAL IMPACT The $15,250 appropriation is requested to come from the asset forfeiture account of the Roanoke County Police Department. The specific source of the funds is the $2.8 million dollars awarded to Roanoke County by the federal government from the ITT settlement. The use of these funds for the construction of the Criminal Justice Academy has been pre- approved by the federal government. No general fund dollars are planned to be used for this project. Staff Recommendation Staff recommends the appropriation of $15,250 from the Asset Forfeiture Account for the preliminary engineering site feasibility study for the Criminal Justice Academy project. VOTE: Supervisor Church motion to approve the appropriation. Motion Approved Yes No Absent Ms. Moore ^ ^ ~ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: James R. Lavender, Chief of Police Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 ACTION N0. A-111709-3 ITEM N0. F-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 17, 2009 AGENDA ITEM: Appropriation of funds in an amount not to exceed $100,000 from the Asset Forfeiture Account for Environmental Maintenance at the Roanoke County Firing Range SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator Ray Lavinder Chief of Police APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Earlier this year, the Roanoke County Firing Range was closed due to the need to maintain and upgrade the facility. The facility opened approximately nine years ago and earthen areas adjacent to targets need to be rebuilt. Maintenance is also necessary on the shoot house and other components of the facility dueto normal wearand tear. The firststep in the upgrading process is to remove the lead from bullets fired at the facility that are lodged in the ground and walls of the shoot house. To that end, the Police Department has obtained a survey of areas that need lead removal. Based on this survey, the Purchasing staff and Police Department have solicited proposals for the removal of the lead and the stabilization of the soil to eliminate and possible leaching of anyremaining lead residue into the ground. The estimated cost for the lead removal is approximately $90,000 based upon the proposal from the firm we are currently negotiating with. This firm has a strong track record of successfully completing similar projects throughout the United States. We are requesting an appropriation of $100,000 in order to provide an additional contingency Page 1 of 2 should unforeseen cost arise during the maintenance process. Any fund remaining in this budget would be re-appropriated for the actual rebuilding of the firing range after the environmental maintenance is completed. Fiscal Impact Staff is requesting that the funds be taken from the Asset Forfeiture Account controlled by the Police Department. Specifically funds would come from the $2.8 million ITT settlement awarded to the County by the federal government. The federal government has approved the use of these funds for this purpose. No general funds will be used. Staff Recommendation Staff recommends the approval of the appropriation of $100,000 from the Asset Forfeiture Account for the environmental maintenance of the Roanoke County Firing Range. VOTE: Supervisor Church motion to approve appropriation. Motion Approved Yes No Absent Ms. Moore ^ ^ ~ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: Daniel R. O'Donnell, Assistant County Administrator James R. Lavinder, Chief of Police Rebecca Owens, Director of Finance Page 2 of 2 ACTION N0. A-111709-4 ITEM N0. F-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 17, 2009 AGENDA ITEM: Request to approve a Change Order with Arcadis, Inc. in the amount of $31,152 SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Construction of the Green Ridge Recreation Center is progressing well and will be open to the public by January 1, 2009, as scheduled. Our overall project budget is in excellent shape, and we expect to completethe project underbudget. Due tosome minorconstructiondelays, weneed to keep our construction management firm on site for 30 days longer than originally scheduled, until the end of November, to ensure that all finishes, punch list, and life safety items are accomplished with the quality that our citizens deserve. The change order to keep Arcadis staff on site is in the amount of $31,152. We are in the process of negotiating a credit to cover these costs with Firstchoice Public Private Partners, the builders of the facility. However this change to the Arcadis contract, combined with previous administratively approved changes, will exceed the original contract amount by slightly more than 25%, necessitating Board of Supervisors approval underVirginia law. A summary of the changes made to the Arcadis contract to date is as follows: Original Arcadis contract amount $858,392 Previously approved changes Special Inspections 189,302 Design reviews and coordination 25,000 Requested change for additional 30 days on site 31,152 Total contract after changes $1,103,846 Page 1 of 3 The largest previously approved change came from arranging with Arcadis to subcontract legally required special inspections. Special inspections and laboratory testing were provided for site work and foundations, structural steel, mortar, concrete, and other materials as required bythe building official in accordancewith the building code. We also contracted forindependent roofing inspections to be performed during installation. To ensure proper coordination between the contractors and special inspections firm, Arcadis was asked to subcontract the special inspections firm and hired the firm CTI, a special inspections firm with a solid reputation. Procuring the the special inspections firm through the Arcadis contract ensured the legally required separation between the special inspections firm and the general contractor in a design-build project, and helped to expedite the inspections schedule. The other change previously approved, for additional design review and coordination, was necessary to ensure that the design was of the quality the County desired. Arcadis worked diligently with the Parks, Recreation and Tourism staff and the Firstchoice project architects to guarantee the design was exactly what was required for optimum quality and operating efficiency. Optimizing the design in this fashion ensures that the facility will be efficient to operate in the long run. These changes were approved administratively as theywere underthe 25% change order limit and well within the project budget. Fiscal Impact The immediate source for the Arcadis change is the project contingency. We are currently negotiating a credit from Firstchoice Public Private Partners in the amount of $55,000, which we plan to use to reimburse the project contingency for this cost. Therefore, there will be no additional cost to the County forthis change once a change orderto the Firstchoice contract to process this credit transaction is completed. After the Firstchoice credit is processed, there will be approximately $294,000 remaining in the project contingency, which is more than sufficient to complete the project. Staff Recommendation Staff recommends the approval of a change order in the amount of $31,152 with Arcadis to be paid from the project contingency. VOTE: Supervisor Flora motion to approve change order. Motion Approved Yes No Absent Ms. Moore ^ ^ ~ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ Page2of3 cc: Daniel R. O'Donnell, Assistant County Administrator Pete Haislip, Director of Parks and Recreation and Tourism Rebecca Owens, Director of Finance Page3of3 ACTION N0. A-111709-5 ITEM N0. F-6 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: November 17, 2009 Presentation of the results of operations forfiscal yearended June 30, 2009, and the appropriation of $1,319,479 for year- end items to include $1,000,000 to the Roanoke County Public Schools, $159,903 for renovations to the existing jail and $159,576 for Fire and Rescue Rebecca E. Owens Director of Finance B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: KPMG LLP completed their audit of the financial operations of the County of Roanoke and the County of Roanoke Public Schools for the year ended June 30, 2009. The Audit Committee met this afternoon to review the results of the year's operations and the management letter comments from the auditors. The Comprehensive Annual Financial Report will be distributed to the Board of Supervisors as soon as it is received from the printer in December 2009. The fiscal year2008-2009 presented many challenges with the state budget shortfall and evidenceofadecliningeconomy. Mid-year budgetamendmentstotaling$6.9millionwere made as a result of projected declines in the personal property taxes, sales taxes, meals taxes, interest income, and downward revisions of state revenues as Virginia struggled with its own budget shortfall. Had the County notadjusted the budget, the Countywould have ended the year with a $4 million dollar deficit. Fortunately, the steps the County took, coupled with the use of one-time reserves, worked and June 30, 2009, was favorable for both the County and the Schools. Below is the detailed information for both the County and Schools regarding the results of operations for fiscal year ended June 30, 2009: Page 1 of 3 Results of Operations of the County of Roanoke for the Year Ended June 30, 2009: Revenues of the County of Roanoke for the Year Ended June 30, 2009: The County operations for the year ended June 30, 2009, resulted in general fund revenues of $2,884,795 over budget. While many of the local tax revenues and interest income deteriorated as a result of the declining economy, the personal property did not decline at the rate we had predicted. Personal property is one of the most difficult revenues to predict because the numbers are not complete until the final bills are mailed and collected in June. During the year, the SchoolsgavetheCounty$1 millionto helpwith our projected deficit. In light of our year-end numbers and since the schools receive part of their funding from the state with deeper cuts on the horizon, this $1 million will be returned to the Schools. Also, $159,903 was collected from Salem forthe boarding of prisoners and will need to be appropriated for existing jail renovations and $159,576 collected from fee for service will need to be appropriated to Fire and Rescue, leaving a balance of $1,565,316 asshown onAttachment I. Adetailed analysisofthegeneralfund revenues is outlined in Attachment II. Prior to fiscal year 2005-2006, the School Board and Board of Supervisors adopted a joint funding policy to provide for a sustainable funding stream for school and county capital improvements in future years. The policies for use of general fund revenues and expenditures in excess of budget at yearend designates portions of year-end balance for major and minor capital projects as well as to the general fund unappropriated balance. Based upon these policies, staff recommends the $1,565,316 to be added to the General Fund Unappropriated Balance. This will increase the General Fund Unappropriated Balance from $17,493,808 to $19,059,124 at June 30, 2009, which is 10.2% of the 2009- 2010General Fund Revenues as shown on Attachment III. The policy range for 2009- 2010was 9.5%-10.5%. No action is required from the Board for these funds to close to the unappropriated balance. Expenditures of the County of Roanoke for the Year Ended June 30, 2009: Departmental expenditure savings amounted to $1,547,866 asshown onAttachment IV. These savings are the result of departments delaying purchases, travel and training, and the hiring of vacant positions. Based upon the policy for use of unspent expenditure appropriations at year end, departments are able to request up to 60% of the savings within their own department for special purchases and programs approved by the County Administrator and the remaining reverts to the Minor County Capital Reserve for future projects. Based upon this policy, staff recommends the following appropriations: • $409,080 to be appropriated to departments for rollovers Page 2 of 3 • $1,138,786 to be appropriated to the Minor County Capital Reserve Attachment V is afive-year summary of County and Schools revenue and expenditure savings. Results of Operations of fhe Roanoke Counfy Public Schools for fhe Year Ended June 30, 2009: Attachment VI is the report for the School Operations year end for June 30, 2009. The School Board will take action to approve this report attheir November 12, 2009, meeting. The Schools ended the year with a surplus of $4.6 million. No action is required by the County Board. STAFF RECOMMENDATION: The Board has previouslyapproved, eitherbypolicyorboardaction, theabove items noted and the only actions required by the Board are: 1. Appropriate $159,903 for renovations to the existing jail 2. Appropriate $159,576 for Fire and Rescue 3. Appropriate $1,000,000 to the Roanoke County Public Schools System VOTE: Supervisor Altizermotion to approve the above appropriations. Motion Approved Yes No Absent Ms. Moore ^ ^ ~ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: Rebecca Owens, Director of Finance Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION 111709-6 APPROVING JOINT USE STORM WATER MANAGEMENT AGREEMENT WITH THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT), HIDDEN VALLEY HIGH SCHOOL REGIONAL FACILITY WHEREAS, the Virginia Department of Transportation has requested to use the Roanoke County regional stormwater management facility at Hidden Valley High School for the improvements to McVitty Road (State Route 1662) and Old Cave Spring Road (State Route 1663); and WHEREAS, this joint use would address storm water management on a regional basis pursuant to Roanoke Valley Regional stormwater Management Master Plan; and WHEREAS, this joint use results in a better use of land, public funds and resources and is a comprehensive approach to addressing water quality and flooding in the Mudlick Creek watershed. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County hereby authorizes the County Administrator or his designee to enter into a Joint Use Storm Water Management Agreement with the Commonwealth of Virginia, Department of Transportation for the joint use of the regional storm water management basin located at Hidden Valley High School for the purpose of accommodating storm water runoff/overflow as it impacts the Mudlick Creek watershed, said agreement to be on a form approved by the County Attorney. Page 1 of 2 On motion of Supervisor McNamara to adopt the resol~~tion, and carried by the following recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS; None ABSENT; Supervisor Moore A COPY ~f ESTE: ~C.~ ~ Becky R. Mea r Clerk to the Board of Supervisors cc: George W. Simpson, III, P. E. County engineer Paul Mahoney, County Attorney Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 2009 ORDINANCE 111709-7 AUTHORIZING QUITCLAIM AND RELEASE TO THE COMMONWEALTH OF VIRGINIA OF A 20' PUBLIC UTILITY EASEMENT CONVEYED TO ROANOKE COUNTY AND SHOWN IN PLAT BOOK 9, PAGE 62 AND NOW LYING WITHIN THE BOUNDARIES OF ISABEL LANE CREATED BY SUBDIVISION PLAT OF RIVERLAND VINEYARDS IN PLAT BOOK 31, PAGE 01, CATAWBA MAGISTERIAL DISTRICT WHEREAS, in order for Isabel Lane to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT requires quit-claim and release to the Commonwealth of Virginia of all existing easements within the boundaries of Isabel Lane, namely a 20' public utility easement (PUE), conveyed to the Board of Supervisors of Roanoke County, Virginia, from Green Hill Associates by plat dated March 26, 1976, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in plat book 9, page 62; and, WHEREAS, Isabel Lane was created by subdivision plat for Riverland Vineyards, recorded in plat book 31, page 01, and the subject public utility easement now lies within the boundaries of Isabel Lane; and, WHEREAS, it will serve the interests of the public to have Isabel Lane accepted into the state secondary road system and this release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the affected Roanoke County departments. Page 1 of 3 THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on October 27, 2009, and the second reading and public hearing was held on November 17, 2009. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interest in real estate to be released is hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Isabel Lane into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release to the Commonwealth of Virginia of that portion of a 20' public utility easement, conveyed to the Board of Supervisors of Roanoke County, Virginia, from Green Hill Associates by subdivision plat dated March 26, 1976, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in plat book 9, page 62, now lying within the boundaries of Isabel Lane as created by subdivision plat for Riveland Vineyards, recorded in plat book 31, page 01, and being further shown on Exhibit A attached hereto, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water andlor sewer lines or pipes, and any related appurtenances or facilities. Page 2 of 3 b. ~fhe facilities located within the 5D-foot right-of-way for Isabel Lane, as shown on the above-referenced plats, may continue to occupy the street or highway in the existing condition and location. c. This release is for so long as the subject section of Isabel Lane is used as part of the public street or highway system. 4. ~fhat the subject portion of easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. ~fhat the County Adrr~ir~istrator, or an Assistant County Adrriir~istrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. ~fhat this ordinance shall be effective on and from the date of its adoption. 0n motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Moore A CD PY "f ESTE: Becky R. Mea or Clerk to the Board of Supervisors cc: Vllilliam Driver, Director of Real Estate Val~~ation Pa~~il Mahoney, County Attorney Philip Thompson, Deputy Director of Plar~r~ing Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Services Page 3 of 3 - ~~ ~ ,~ ~~ Y ~~ I ~r r ~ ,~ ~ ; ~ ~ ~~ ~ ~ r ~ ~~ ~ ~ 1 ~I~ ~x~ ~~, ~~ ~ M. _ - W _ ~ ~, _ F 1 }~e~~- , f ~ - ~ - I ,. ~~ - e } til ~ ~' - ^~^ AID ~i '~ -• 2 , . . , _. _ _ .. ~ ~~ u ., I 4 ~ ' , ' ` ~ ` ,I r 1 W ~ ~ ~ r ~' ~ Y _.... I yR` ` ~ ~ r -_ I! _ - ~i ~ ~ e i ~~ - s . ~ ' `v 1 ~ ~ ..1 ~~ Fr ~~ -~ Wit. I - l I ,1. J w~ ~' _ ~ y[~~~ r ' AI ~. _ 'N ~ -_ •~ ~ I , I - I 4 1 :. m'~ .. .~ ~ . ~ ~~ LL i 1-'~1 F ~~~. I - I -- ~ ~ r I ~ ~ ', 4 r ...~ ~ i I - ~I[ ~II i ~ I~ .. 1= I I _ k w 4 + w 1 r ~.._ .. Y ~ ~ _ F c ~ ~V , . _ _ ~~ I~1 ~ --~;~, ~' r _ 7 i !f y ~ - . i ~ :~d~ ~ ~~S 4~ ~ r ~ 1LL _ Ildl ~r \` ~11~ ~ I '~ 3_ ~ ~ ~~ ~ - ~ '~ ;~ - ~ ~ -z, 1 ,_ ~1 5 .~ ~• ~ - W I 1. _ ~~ ~~ -~ !. 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I ~'~ _ ~ ~ - ~i _. ~.-~ _ } l I ~~ 1 I .~I ` -~ ``I I _ _ ~ . {~N; I + ~ ,r ~~ ~'~ ~~ ~ - ~, a li ~~ r _ .._. ~ .~ ~" ~ ~`~.~~I r. .~" i I II ' ~ i i i ~, ~. _~ ~ ~ ~rss~ -- _, tti n'~ ,ur I~ - - IIi i II ~ J ~~ \,1 i _ . a~ i I i t I `I V } 1 I f I' It ~ ~~ } ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION .111709-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Thatthe certain section of the agenda of the Board of Supervisors for November 17, 2009 designated as Item L -Consent Agenda be, and hereby is, approved and concurred in as to each item separately setforth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of Minutes -March 24, 2009; April 14, 2009 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to David L. Flynn, Roanoke County Police Department, upon his retirement after more than twenty four years of service 3. Request to accept and appropriate a grant administered by the U. S. Department of Justice's Bulletproof Vest Partnership in the amount of $16,237.50 4. Request to accept and appropriate a Criminal Justice Information Technology Improvement grant in the amount of $49,900 from the Byrne Justice Assistance Grant (JAG) Program 5. Request to establish a Police Training Facilities Fund 6. Resolution to accept Eagle Crest Drive and Piney Ridge Drive into the Virginia Department of Transportation (VDOT) Secondary Road system 7. Confirmation of appointments to the Capital Improvement Program Review Committee That the Clerk to the Board is hereby authorized and directed where required bylaw Page 1 of 2 to setforth upon any of said itemsthe separate vote tabulation foranysuch item pursuant to this resolution. ~n motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Moore A COPY TES~i•E: Becky R. Me or \ Clerk to the Board of Supervisors Page 2 of 2 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION 111709-8.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DAVID L. FLYNN, ROANOKE COUNTY POLICE DEPARTMENT, UPON HIS RETIREMENT AFTER MORE THAN TWENTY FOUR YEARS OF SERVICE WHEREAS, David L. Flynn was employed by Roanoke County on April 20,1985, as a Police Officer; and WHEREAS, Mr. Flynn retired from the Roanoke County Police Department as a Police Officer/ Criminal Investigator on November 1, 2009, after twenty four years and six months of service; and WHEREAS, Mr. Flynn, through his hard work and dedicated efforts, performed a crucial role in protecting the lives and property of the citizens of the County by honorably serving as a Police OfficerlCriminal Investigator; and WHEREAS, Detective Flynn was instrumental in solving hundreds of felony crimes and arresting the perpetrators of those crimes, solving not only the offenses they had committed but preventing them from harming even more victims; and WHEREAS, Detective Flynn believed deeply that he should strive to share his knowledge of the job with less experienced officers, turning nearly any crime scene into an impromptu classroom where he taught other officers the skills they needed to better perform their own duties; and WHEREAS, Detective Flynn, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens NOW, THEREFORE, BE IT RESOLVEDthatthe Board of Supervisorsof Roanoke Page 1 of 2 ACTION N0. A-111709-8.b ITEM N0. L-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 17, 2009 AGENDA ITEM: Request to accept and appropriate a grant administered by the U. S. Department of Justice's Bulletproof Vest Partnership in the amount of $16,237.50 SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Police Department was awarded a Bulletproof Vest Partnership Grant in the amount of $16,237.50 of federal funds, which provides funds to assist in the purchase of protective vests for law enforcement and correctional officers. The period for this grant funding is April 1, 2009 through September 30, 2011. FISCAL IMPACT: The grant requires a fifty percent match, which provides for half the cost of each vest up to a total of $16,237.50. Funds are available in the Police Department Uniform Division. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends accepting and appropriating the Bulletproof Vest Partnership grant in the amount of $16,237.50. Page 1 of 2 VOTE: Supervisor Altizermotion to approve appropriation. Motion Approved Yes No Absent Ms. Moore ^ ^ ~ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: James R. Lavinder, Chief of Police Rebecca Owens, Director of Finance Page 2 of 2 ACTION N0. A-111709-8.c ITEM N0. L-4 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: November 17, 2009 Request to accept and appropriate a Criminal Justice Information Technology Improvement grant in the amount of $49,900 from the Byrne Justice Assistance Grant (JAG) Program Gerald S. Holt Sheriff B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On October 23, 2009, the Roanoke County Sheriff's Office was awarded a Criminal Justice Information Technology Improvement grant of federal funds in the amount of $49,900 from the Byrne Justice Assistance Grant (JAG) program. This grant will provide funds to help covercosts associated with the improvements being implemented in the Main Control room of the jail. These improvements are needed due to the equipment (cameras, monitors, computers) being antiquated and the parts no longer available to continue to cripple this system along. FISCAL IMPACT: The Byrne JAG program requires a match of 25% ($12,475). Funds are available in the Sheriff Department jail renovations capital account. ALTERNATIVES: None Page 1 of 2 STAFF RECOMMENDATION: Staff recommends accepting and appropriating the Criminal Justice Information Technology Improvement grant from the Bryne JAG Program in the amount of $49,900 to the Sheriff Department. VOTE: Supervisor Altizermotion to approve appropriation. Motion Approved Yes No Absent Ms. Moore ^ ^ ~ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: Gerald S. Holt, Sherriff Rebecca Owens, Director of Finance Page 2 of 2 ACTION N0. A-111709-8.d ITEM N0. L-5 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: November 17, 2009 Request to establish a Police Training Facilities Fund James R. Lavinder Chief of Police Dan O'Donnell Assistant County Administrator B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In July 2009, Roanoke County suspended operations at the Firearms Range and Driving Range. This provided an opportunity to clean the existing Firearms Range and make improvements for future use. Operations at the Driving Center were temporarily suspended while changes were being made to address modifications to the Firearms Range. The plans for the future operation of these facilities include the rental and lease to other law enforcement agencies for driver training, firearms training and qualifications. Revenues may be generated by payments from any outside entity for use, maintenance and capital, transfers, and other contributions. Expenditures may include, but are not limited to, equipment, maintenance, training, and capital items. The funds in the Police Training Facilities Fund will be used for expenses directly related to the training facilities. At this time, an account will be established for the Roanoke County Firearms Range and Laurel Mountain Driving Center. The Police Department will be responsible for planned expenditures of the training facilities. Page 1 of 2 Staff requests approval to establish a Police Training Facilities Fund to maintain the revenues and expenditures associated with the training facilities. FISCAL IMPACT: Funds in the Police Training Facilities Fund will roll 100% at year end to the Police Training Facilities fund. Appropriations outside of the budget processwill be broughtto the Board for approval. Existing balances in the current accounts would transfer into this fund. STAFF RECOMMENDATION: Staff recommends approving the request to establish a Police Training Facilities Fund. VOTE: Supervisor Altizer motion to approve the request to establish a Police Training Facilities Fund. Motion Approved Yes No Absent Ms. Moore ^ ^ ~ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: James R. Lavinder, Chief of Police Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION 111709-8.e TO ACCEPT EAGLE CREST DRIVE AND PINEY RIDGE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED, We, the Board of Supervisorsof Roanoke County, Virginia do hereby request the Virginia Department of Transportation 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 this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, 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 RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 on motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Moore A COPY TESTE: 1 Becky R. Me or Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Rebecca Owens, Director of Finance Teresa Becher, Transporation Engineering Manager Brian Epperly, Transporation Engineer Virginia Department of Transportation Page 2 of 2 EXHIBIT A - ~ `,~~~ ~,~,c;Y . .~~. ~_;~ v F3LSt' ~^"~ Jam. ~ ~~ ~V'~ ~ ~ ~+ O ~~ _ J .•.-~1 -`~._ ~~~ VI~I.~ITY.~VIAP 7 ~~ NORTH ,~ ,~ r• n-ff-urn °~~ - ~ I., S~ :: --- f 3~ .. - .. ., .` I ' I ~ ~ i I 11 ~~ ,, ~! r~• ~° i~., if ,. it .,~~ ~~ 1i.` v~a { ,, SC r r' i . .. /1J y' r P !'!'- b ATP I '' ~p ~~-.;4' fi-le~T Gl2Yil f ~j 4I - N ~1~/ 4 I4 .. }_+~...~ 1 ROADUVAY aESCR1PTI0N LENGTH ROVII VIIIDTH SERVICES Miles Feet Feet Hauses Eagle Crest Drive; From: Buck Mtn Rd route fi79 } to Piney Ridge Drive 0.21 40 30 14 Piney Ridge Drive; From: Eagle Crest Drive East to the END of its cui-de-sac 0.14 4D 30 11 Piney Ridge Drive; From: Eagle Crest Drive West to the END of its cul-de-sac D.06 40 30 l ROANOKE COUNTY ACGEPTANCE OF EAGLE CREST DRIVE AND PINEY DEPARTMENT OF RIDGE DRIVE INTO THE VIRGINIA DEPARTMENT OF COMMUNITY DEVLOPMENT TRANSPORTATION SECONDARY SYSTEM PROPOSED ADDITION~S~ IN GREY ~~ ~: ,. ~, ~_ EXHIBIT AM-4.3-1 E4 ~~~;s~~l~ ~tior~ ot'tlic; gov~~~~~ing body ado~~ttid ~ ~ o~~~~:~be~• 17~ 2~i0~ ~ ~ ~r~~~~ ~~~ ~a~~ ~ g~ ~~'~~. ~~{~~.~.r~~~~~,~s ~~~a~~f ~~ ~~~a~¢;~~~~u~d~~~~i~~ Hidden Rid e T e Chan a to the Seconda S stem of State Hi hwa s: Addition The following additions to the Secondary System of State Highwa s, ursuant to the statuta r ' ' Y P ry p ov~szon or provisions cited, are hereby requested; the right of way for which, includin additional easements f . g or cuts, fills and drainage, as required, ~s hereby guaranteed: ~~~~'~~ '°~ ~~~~'~~~ New subdivision street ~;~~z~~E~s ~;s3 ~;a~i~~ fit ~ir~~~~E~3 ~~~~~~~:: §33.x.-ZZ9 ~t~~~t ~a~~ a~~f~~ ~~~~~ ~~m~~~ ~ Eagle Crest Drive, State Route Number 2045 Dld Route Number: 0 • From: Buck Mountain Rd ---...~.... --- .4 ..._ y-- To: Piney Ridge Circle, a distance of: 0,21 miles, Right of Way width (feet) _ Piney Ridge Drive, State Route Number 204b DId Route Number: 0 • From: Eagle Ridge Drive Easts .... _- ~- _._ ~..._-. -- w_ ._. _.. _...._ .....~ _..._ .._. To: Cul -de -sac, a distance of; 0.14 miles, Right of Way width (feet) _ Piney Ridge Drive, State Route Number 204G Did Route Number: 0 • From: Eagle Crets Drive west ....... _ ._..._ .... To: cul-de-sac, a distance of 0.06 miles, Right of way width feet} ~'LC~1' ,=G~rm r~w4~~~.~ ~ ~r~~1~±~;~, ~~aa~i ~~~:3~~~r~-~?~s;nt Givia~~~: Page ] of 1 ACTION N0. A-111709-8.f ITEM N0. L-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 17, 2009 AGENDA ITEM: Confirmation of appointments to the Capital Improvement Program Review Committee SUBMITTED BY: Becky R. Meador Clerk to the Board APPROVED BY: B. Clayton Goodman, III County Administrator SUMMARY OF INFORMATION: Capital Improvement Program Review Committee (appointed by District) Supervisor Flora appointed Becky Walter to represent the Hollins Magisterial District. Confirmation of the appointment was placed on the Consent Agenda. Supervisor Altizer appointed Jason Peters to represent the Vinton Magisterial District. Confirmation of the appointment was placed on the Consent Agenda. VOTE: Supervisor Altizermotion to approve confirmation of appointments Motion Approved Yes No Absent Ms. Moore ^ ^ ~ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: Brent Robertson, Director of Management and Budget ATA REGULAR MEETING QF THE BQARD QF SUPERVISQRS OF RQANQKE CQUNTY, VIRGINIA, HELD AT THE RQANQKE CQUNTYADMINISTRATIQN CENTER QN 'f UESDAY, NQVEMBER 1 1, 2009 RES~LU1'I~N ~ ~ ~ 109-9 CERTIFYING 'rHE CLOSED MEETING WAS HELD IN CQNF~RMITY WITH THE CEDE GF 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 2.2-3112 of the Code of Virginia requires a certification bythe Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NQW, THEREFQRE, BE 1T RESQLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Qnlypublicbusinessmatters lawfullyexemptedfromopen meeting requirements by Virginia law were discussed in the closed meeting wriich this certification resolution applies, and 2. Qr~lysuch public business matters aswere identified inthe motion conveningthe closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virgir~ia. 0n motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Moore A CQPY TEST E: Becky R. Me or Clerk to the Board of Supervisors ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION 111709-10 REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD ESTABLISH AN ENHANCEMENT PROJECT FOR PLANTATION ROAD IN ROANOKE COUNTY, VIRGINIA WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program an enhancement project in Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Commonwealth Transportation Board to establish a project for the improvement of Plantation Road in the form of pedestrian and bicycle accommodations as well as streetscape improvements. BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors hereby agrees to pay a minimum 20 percent of the total cost for planning and design, right-of-Way, and construction of this project, and that, if the Roanoke County Board of Supervisors subsequently elects to cancel this project the Roanoke County Board of Supervisors hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: Page 1 of 2 AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Moore A COPY TES~f E: Becky R. M dor Clerk to the Board of Supervisors cc: Megan Cror~ise, Principal Planner Philip Thompson, Deputy Director of Planning Page 2 of 2 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 ORDINANCE 111709-11 GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF AN ASPHALT PLANT LOCATED AT 6090 PEACEFUL DRIVE (TAX MAP N0. 72.02-2-2) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF FOXHALL PROPERTIES, LLC WHEREAS, Foxhall Properties, LLC has filed a petition for a special use permit for the operation of an asphalt plan to be located at 6090 Peaceful Drive (Tax Map No. 72.02-2-2) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 2, 2009; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 27, 2009; the second reading and public hearing on this matter was held on November 17, 2009. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Foxhall Properties, LLC for the operation of an asphalt plant to be located at 6090 Peaceful Drive in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: Page 1 of 3 a) The site shall be developed in substantial conformance with the Foxhall Properties, LLC Roanoke County, Virginia concept plan by HSMMIAECOM, dated September 4, 2009. The special use permit shall only apply to the 16.7 acre parcel depicted on said concept plan and more particularly described in the metes and bounds description submitted with the application. b) No administrative waivers shall be allowed for required landscaping, screening or buffer yards. c) Prior to receipt of final zoning compliance, Foxhall Properties, LLC shall provide to Roanoke County Community Development a copy of the Stationary Source Air Permit from the Virginia Department of Environmental Quality. d) Maximum height of the asphalt storage structures shall be 75 feet, including all conveyor structures. e) A filter fabric bag house shall be installed to control particulate emissions. fl Noise levels shall not exceed 85 dB at the property lines, excluding vehicle warning devices. Prior to receipt of final zoning compliance, Foxhall Properties, LLC shall certify plant operation noise levels at the property lines. g) Water suppression methods, including but not limited to water trucks, shall be used to control dust generated by the movement of material stock. h) Diesel fuel stored on site shall only be used for plant operations and off-road equipment used on site. i) Exterior lighting shall only illuminate production structures and areas, and for perimeter security purposes. Page2of3 j} Signage shall be limited to one monument style sign, located near the facility entrance, with a maximum height of 6 feet and maximum width of 10 feet with landscaping around the base. Sign landscape area shall be a minimum one and one-half times the total area of the sign. k} All new asphalt plant equipment and structures shall be painted black, dark brown or dark green. 2. That this ordinance shall be in full force and effect thirty X30} days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. ~n motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Altizer NAYS: Supervisor Church ABSENT; Supervisor Moore A COPY TESTE: Becky R. Me or Clerk to the oard of Supervisors cc: Arnold Covey, Directorof Community Development Philip ~fhompson, Deputy Directorof Planning Tarek Moneir, Deputy Directorof Development William Driver, Directorof Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 3 of 3