HomeMy WebLinkAbout10/13/2009 - Regulara'OAN
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Roanoke County
Board of Supervisors
p Agenda
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Z October 13, 2009
NOTE: An Evening Session has been scheduled for 7:00 p.m.
Good afternoon and welcome to our meeting for October 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 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.
We respectfully request all electronic devices be turned off orsilenced. Thank you.
A. OPENING CEREMONIES (3:00 p.m.~
1. Roll Call
2. Invocation: Pastor Pattie Sewell
Green Ridge Presbyterian Church
3. Pledge of Allegiance to the United States Flag
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
Page 1 of 5
D.
E.
F.
G.
BRIEFINGS
1. Briefing and presentation
Coventry Commonwealth
Amateur Sports)
PUBLIC HEARINGS
by Virginia Amateur Sports, Inc. on the 2009
Games of Virginia (Peter Lampman, Virginia
1. Public hearing to receive citizen comments regarding proposed amendments
to the fiscal year 2009-2010 budget in accordance with Section 15.2-2507,
Code of Virginia. (Brent Robertson, Director of Management and Budget)
NEW BUSINESS
1. Request to purchase three fire vehicles and adopt a resolution authorizing the
borrowing of $736,065 from the Health Insurance Fund to finance these
vehicles (Rebecca Owens, Director of Finance; Richard E. Burch, Chief of
Fire and Rescue)
FIRST READING OF ORDINANCES
1. Ordinance to accept the conveyance of a 0.1609 acre parcel of unimproved
real estate for the extension of Ivyland Road, Route 775, Vinton Magisterial
District (Paul M. Mahoney County Attorney)
H. SECOND READING OF ORDINANCES
1. Ordinance amending the Intergovernmental Agreement with the City of
Roanoke concerning the regional 800 MHZ trunking radio system (Joseph B.
Obenshain, Senior Assistant County Attorney; Bill Greeves, Director of
Information Technology}
SECOND READING AND PUBLIC HEARING OF ORDINANCES
1. Ordinance authorizing the conveyance of 0.020 acre along Clearbrook Lane
to the Wal-Mart Real Estate Business Trust (Paul M. Mahoney, County
Attorney)
2. Ordinance authorizing the conveyance of 1,913 square feet along U.S. Route
220 to the Wal-Mart Real Estate Business Trust (Paul M. Mahoney, County
Attorney)
Page 2 of 5
J. APPOINTMENTS
1. Building Code Board of Adjustments and Appeals (Fire Code Board of
Appeals) (appointed at large)
2. Capital Improvement Program Review Committee (appointed by District)
3. Economic Development Authority (appointed at large with each Magisterial
District represented)
4. Grievance Panel (appointed at large)
5. Parks, Recreation and Tourism 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
AGENDAAND WILL BE CONSIDERED SEPARATELY.
1. Approval of minutes -February 24, 2009; March 10, 2009; larch 17, 2009
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Floyd L. Wood. Sheriff's Office, upon his retirement after
eleven years of service
3. Confirmation of appointments to the Building Code Board of Adjustments and
Appeals (Fire Code Board of Appeals) and Grievance Panel
4. Appropriation of funds in the amount of $16,049 to the Clerk of Circuit Court
from the state for fiscal year 2009-2010
5. Request to accept and appropriate the Edward Byrne Memorial Justice
assistance grant from the U.S. Department of Justice in the amount of
$35,033
6. Request to accept and appropriate a State Criminal Alien Assistance Program
federal grant in the amount of $6,859 from the Bureau of Justice Assistance
L. REQUESTS FOR WORK SESSIONS
M. REQUESTS FOR PUBLIC HEARINGS
Page 3 of 5
N. CITIZENS' COMMENTS AND COMMUNICATIONS
0. 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 September 30, 2009
5. Proclamation signed by the Chairman and recognitions signed by the Board
P. CLOSED MEETING pursuant to the Code of Virginia as follows:
Q. WORK SESSIONS
1. Work session on amending the County's Noise Ordinance (Paul M. Mahoney,
County Attorney)
2. Work session to discuss the results of the 2009 Existing Business Survey
conducted by the Department of Economic Development (Doug Chittum,
Director of Economic Development)
3. Work session on restricting through truck traffic on Route 116, Jae Valley
Road (Philip Thompson, Deputy Director of Planning)
EVENING SESSION -7:00 P.M.
R. CERTIFICATION RESOLUTION
S. NEW BUSINESS AND PUBLIC HEARING
1. Public hearing and consideration of adopting a resolution requesting the
Commonwealth Transportation Board to restrict through truck traffic on Route
116 (Jae Valley Road), Vinton Magisterial District (Philip Thompson, Deputy
Director of Planning)
Page 4 of 5
T. CITIZENS' COMMENTS AND CO~~UNICATIONS
U. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Joseph P. McNamara
2. Charlotte A. Moore
3. Joseph B. "Butch" Church
4. Richard C. Flora
5. Michael 11U. Altizer
V. ADJOURNMENT
NOTE: A public hearing will be jointly held by the City Council of the City of
Roanoke, Virginia, the Boards of Supervisors of Franklin County, Virginia
and Roanoke County, Virginia and by the Board of Directors of the
Western Virginia Water Authority of Roanoke, Virginia on Thursday,
November 5, 2009 at 10:00 a.m. at the Vinton War Memorial, 814 E.
Washington Avenue, Vinton, Virginia 24179 for the purpose of receiving
public comment on the joinder by Franklin County, Virginia of the
Western Virginia Water Authority and on the amendment and restatement
of the Articles of Incorporation of the Western Virginia Water Authority
accomplishing such purpose.
Page 5 of 5
AC1"IGN NG.
ITEM N0.-~-I
AT A REGULAR MEETING GF THE BOARD GF SUPERVISGRS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN"fER
MEETING DATE: Qctober 13, 2009
AGENDA ITEM: Briefing and presentation by Virginia AmateurSports, Inc., on
the 2009 Coventry Commonwealth Games of Virginia
SUBMITrrED BY: Becky R. Meador
Clerk to the Board
APPRGVED BY: B. Clayton Goodman, III
County Adrriir~istrator ~S~-~
C~UNTYADMINISTRATGR'S CGMMENTS:
SI~MMARY GF INFGRMATIGN:
Peter Lampman, President of Virginia Amateur Sports, Inc. has requested time on the
agenda to present a plaque of appreciation to the Board for their continued support and
report on the economic impact of the 2009 Coventry Commonwealth Games of Virginia.
He will provide information about the estimated regional distribution for the games.
liver 4o states have state games competitions. The concept of the state games
movement is to provide an avenue for positive personal development through sports, to
recognize dedication and achievement, to promote health, fitness, and the camarader'reof
competition. The Coventry Commonwealth Games of Virginia is known throughout Virginia
as Virginia's Glympics.
AC-rIGN No.
ITEM NO. ~-
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE
COUNTY, VIRGINIA HELDATTHE RGANGKE CGUNTYADMINISTRAI"IGN CENTER
MEETING DATE: Gctober 13, 2009
AGENDA ITEM: Public hearing to receive citizen comments regarding proposed
amendments to the fiscal year 2009-2010 budget in
accordance with Section 15.2-2501, Code of Virginia
SUBMIT'~ED BY: Brent Robertson
Director, Management and Budget
APPROVED BY: B. Clayton Goodman, III
Count Administrator ~
Y
COUNTY ADMINISTRATGR'S COMMENTS:
SUMMARY ~F INF~RMATI4N:
-this is a public hearing to secure citizen's comments concerning amending thefiscalyear
2009-2010 budget by adjusting the aggregate amountto beappropriated d~~ringthefiscal
year.
Section 15.2-2501 of the Code of Virginia, as amended, provides that whenever such
amendment exceeds 1 percent of the total expenditures shown in the adopted budget or
$500,000, whichever is lesser, the County must publish notice of a meeting and public
hearing. The notice muststatethe County's intentto amend the budgetand includes brief
synopsis of the proposed budget amendments}. This notice was published on May 5,
2009.
1. Request to purchase triree fire vehicles and adopt a resolution authorizing the
borrowing of $130,005 from the Health Insurance Fund to finance these vehicles
~RebeccaGwens, Directorof Finance; Richard E. Burch, Chief of Fireand Rescue}
2. Appropriation of funds in the amountof $16,049 to the Clerk of Circuit Court from
the state for fiscal year 2009-2010
3. Request to accept and appropriate the Edward Byrne Memorial Justice assistance
grant from the U.S. Department of Justice in the amount of $35,033
4. Request to accept and appropriate a State Criminal Alien Assistance Program
federal grant in the amount of $6,859 from the Bureau o~ Justice Assistance
FISCAL IMPACT:
'there is no fiscal impact as a result of the public hearing. Requests for the appropriations
will occur later on this agenda.
STAFF REC4MMENDA'r14N:
It is recommended that the Board hold the required public hearing. Board action
appropriating funds, as provided in this notice, will occur later during this meeting.
Conducting the public hearing does not guarantee the dour requested appropriations will be
approved. Each request will be reviewed individually by the Board of Supervisors.
2
ACTIGN NG.
I-f EM NG. ~- ~
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RDANGKE
CGUNTY, VIRGINIA HELD AT THE RGANGKE COUNTY ADMINISTRATION CENTER
MEETING DATE: Goober 13, 2aa9
AGENDA ITEM: Requestto purchase three fire vehicles and adopt a resolution
authorizing the borrowing of $736,x65 from the Health
Insurance Fund to finance these vehicles.
SUBMITTED BY: Richard E. Burch, Jr.
Fire and Rescue Chief
Rebecca Owens
Director of Finance
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY ~F INF~RMATI~N:
The Fire and Rescue Department develops and utilizes afour-year vehicle replacement
plan. The department completed the previous replacement plan and developed a new plan
for fiscal year 2008-09 through fiscal year 2011-2012 (Attachment A)
-fhe plan was presented during 2008-09 and approval given to purchase a pumper for the
North Countyfire station from budgeted departmental capital funds. Due tothe uncerkain
economic conditions, all other purchases were delayed until 2009-14. During 2009-1 ~ the
vehicle replacement plan was revised from five to three vef"iicles. The purchase of an
additional pumper and pumperltankerwill be included in a future replacement plan.
1
The replacement of these apparatus is crucial to keep modern, up-to-date and efficient
equipment available to provide service to the County citizens. Replacement of older
equipment is also essential to reduce the cost of maintenance and repairs. This plan
includes the purchase of three new apparatus and will result in four vehicles being taken
out of service, reducing our fire apparatus fleet by one.
-fhe County will be purchasing the following:
• Two Tankers wi~kh a 1,500 gallons-per-minute pump and 1,800 gallon water
tank. These units will go to Cave Spring and Mount Pleasant.
• One Rescue Purriperwr~ich will be replacing one pumper and heavy squad
truck. This unit will go to Hollins.
Procurement has authorized the use of the contract with the Town of Blacksburg for the
purchase of these vehicles through the cooperative procurement language. Roanoke
County has purchased through this contract in the past and it is widely utilized by localities
across Virginia for the purchase of like Fire Apparatus. Staff has reevaluated both the
contract and the applicable similar purchases of other localities and has determined that
the cost benefit related to leveraged buying powerand thetimesavingsforproductdelivery
warrant proceeding in this manner.
Historically, the County has funded the purchase of fire and rescue apparatus through an
internal loan from the Risk Management fund. Vlle also financed the County's portion of
the Regional FireTraining Centerinthis manner, An internalfinancingwas lessexpensive
than a conventional lease purchase or other bank financing. At this time, funds are not
available in the Risk Management Fund for this purchase; however, funds are available in
the Health Insurance Fund.
As of June 30, 2009, the County health insurance reserve balance available for other uses
was $5.3 million. This is in addition to $1.5 million that is reserved for claims that are
incurred but not reported and to offset any future significant premium increase. The
reserve balance in the health insurance fund has grown much larger than is needed to
protect the health insurance plan. Several factors that have influenced the growing
balances in the health insurance fund are periodic years of significantly lower claims
experience, transfer of unused health benefit budgets to reserves to shore up reserves,
and setting premiums at 110°/~ of expected claims.
The total purchase price of the fire vehicles and eq~~ipment is $1,211,065. In the 2009-10
budget, the Fire and Rescue department has $30D,000 budgeted forcapital whichwill go
towards this purchase. Also, the Hollins Rescue Department is con~~ributing $175,000
towards this purchase which should be received in the next few weeks. A request to accept
and appropriate these funds will be included on the consent agenda at the next meeting,
The remaining balance of $736,065 is required to complete the purchase.
2
Since funds are available in the Health Insurance Fund, the financing recommendation is
to authorize a loan from the Health Insurance Fund in the amount of $736,065 for the
purchase of these vehicles. This loan would include an interest rate of 2°/° which is less
than the current market rate for a conventional lease purchase or other bank financing.
'fhe Fire and Rescue department will repay the health insurance fund with three anneal
payments and the loan will be fully paid and satisfied in July 2012.
Fire and Rescue now seeks approval to proceed with the loan and the purchase of these
vehicles.
FISCAL IMPACT:
A repayment schedule far this loan is shown as Attachment B. 'rhe Fire and Rescue
Department will repay the Health Insurance Fund $300,000 in July 2010, $300,000 in July
2011, and $147, 682.03 i n J i~i ly 2012.
AL'f ERNATIVES:
1. Approve the purchase of the fire vef"iicles and adopt the attached resolution wr~ich
will finance $736,065 with interest of 2% annually through the County Health
Insurance Fund to be repaid aver the next three years.
2. Approve the purchase of the fire vehicles and finance $736,065 through a
conventional lease purchase method or other bank financing.
STAFF REC~MMENDA'I'I~N:
Staff recommends adopting the attached resoli,~tion (alternative 1 above).
3
Attachment A
Fire & Rescue
Apparatus Request
New Apparatus Request
Station .,~„~ ~ ~~ ehicle Type ~
~~
,~~
E
.. ~ E Cost ~~
Cave Spring #3 Tanker $324,662
Hollins #5 Rescue Pumper $569,741
IVlount Pleasant #6 Tanker $324,662
Total $fi,211,465
Vehicles to be Taken Out of Service
Vehicle ' : ~ Model ~ . ear .
Tanker 3 FordlGrumman 1982
Tanker 6 InternationallGrumman 1986
Squad 5 Volvo-WhitelE Gne 1989
Reserve Engine Grumman 1986
*En~ine 5 gill also be reassigned from Hollins ~tatian 5
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ATA REGULAR MEETING 4FTHE BOARD 4F SUPERVISORS QF RQAN4KE
COUNTY, VIRGINIA, HELD AT THE R4AN4KE COUNTY ADMINISTRATIQN
CENTER ON TUESDAY, OCTOBER 13, 2009
RES~LUTI~N AUTHORIZING THE B~RR~U1rING OF $736,065 FROM
THE INTERNAL SERVICE FLIND BY THE BOARD QF SUPERVISORS
OF RGAN~KE COUNTY, VIRGINIA TO FINANCE THE ACQUISII'I~N
OF CERTAIN FIRE VEHICLES.
WHEREAS, the Board of Supervisors the "Board"} of Roanoke County, Virginia,
the "County"} has determined that it is necessary and expedient to borrow an amount
not to exceed $736,065 from the County Health Insurance Fund to finance the
acquisition of certain fire vehicles.
NOVV "THEREFORE, BE IT RESOLVED, BY "THE BOARD 4F SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows;
1. The Board hereby determines that it is advisable to loan surplus monies
available in the County Health Insurance Fund to County Fire and Rescue
Department to purchase fire vehicles the "Loan"}. The Loan shall be made
on the terms set forth in this resolution. "The County Health Insurance Fund
shall lend an aggregate principal amount not to exceed $736,065. There will
be an interest charge of 2°/o annually for this loan.
2. "The Fire and Rescue Department will repay the Health Insurance Fund with 3
annual payments. The Fire and Rescue Department will repay the Health
Insurance Fund $300,000 in July 2010, $300,000 in July 2011 and
$147,682.03 in July 2012. The loan from the County Healtri Insurance Fund
will be fully paid and satisfied in July 2012.
6
3. The Fire and Rescue Department may prepay the Loan at any time without
penalty.
4. This resolution shall take effect immediately upon its adoption.
ACTIGN NG.
ITEM NO, ~ - ~ 3~,
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA HELD AT THE RGANGKE CGUNTY ADMINISTRATIGN CEN-fER
MEETING DATE: Gctober 13, 2409
AGENDA ITEM:
SUBMIT'~ED BY:
Grdinance to accept the conveyance of a 6.1669 acre parcel
of unimproved real estate for the extension of Ivyland Road,
Route 115, Vinton Magisterial District
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY ~F INF~RMATI~N:
-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 Ivyland Road Route ll5} in the Vinton Magisterial District:
~1 }Donation of 4.1669 acre of Roanoke County Tax Map No. 86.00-62-16.00 as
shown on the plat attached hereto as "Exhibit A"; being a portion of the property
conveyed to Darrick A, and Linda M, Jones by deed dated May 24, 2000 of
record in the Clerk's Gffice, Circuit Court for the County of Roanoke, Virginia,
Deed Book 1655, page 1566.
Acceptance of the aforementioned property is a necessary step in the process to get the
extension of Ivyland Road (Route 775) accepted by the Virginia Department of
Transportation (VDOT) into the 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
Page 1 of 2
ALTERNATIVES:
1. Approve the first reading of the ordinance to accept the donation of real estate
and schedule the second reading and public hearing for October 2l, 2009.
2. Take no action at this time.
STAFF REC~MMENDATI~N:
Staff recommends Alternative 1.
Page 2 of 2
ATA REGULAR NIEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA, HELD AT THE RGANGKE CGUNTY ADMINIS-fRATIGN
CENTER GN TUESDAY, GCTGBER 13, 2QQ9
ORDINANCE TO ACCEPT THE CONVEYANCE OF THE PARCEL OF
UNIMPROVED REAL ESTATE FOR THE EXTENSION OF IVYLAND
ROAD, ROUTE 115, TO THE BOARD OF SUPERVISORS
WHEREAS, as part of 'the extension of Ivyland Road, State Route 115, as part of
a Roanoke County Rural Addition project funded in partnersr~ip with the Virginia
Department of Transportation (VDOT), the adjacent land owner desired to donate a
portion of their property in fee simple to the County of Roanoke for right-of-way
purposes to permit the construction of a cul-de-sac at the terminus of Ivyland Road; and
WHEREAS, Darrick A. & Linda M. Jones 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 property for purposes of 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 Gctober 13,
2oQ9, and the second reading and public hearing was held on Gctober 2l, 2009.
NGW, THEREFGRE, BE IT GRDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition from Darrick A. & Linda M. Jones of approximately
0.1 Go9 acre of real estate for purposes of location and construction of extensions and
improvements of Ivyland Road, Route 115, as shown on Exhibit "A" entitled "PLAT
SHOWING RIGHT-of-vVAY BEING CONVEYED T4 BoARD 4F SUPERVISORS, R4AN4KE COUNTY BY
Page 1 of 2
DARRiCK A. & LINDA M. JaNES RCANOKE COUNTY TAX MAP PARCEL #$o.oa-o2-~6,oa
SITUATED ALONG IVYLAND ROAD, VINTQN MAGISTERIAL DISTRICT, RoANOKE COUNTY, VIRGINIA"
dated May 5, 2aa~, is hereby authorized and approved.
2. That the Coi.lnty Administrator or any Assistant County Administrator are
17ereby 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,
Page 2 of 2
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PROPERTY OF
ANTHONY D. & ANNIE H.
PRESTON g~6" E
1.D19 ACRES 690
INSTRUMENT #2D0405232 •~~ ~~1,9
TAX No. D8D.D3-01-05.00
CURVE "A-'~
PROPERTY OF
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JDNE'S
16.379 ACRES
D.~. 1658, PG. 1506
TAX No. 080.00-02-1 fi.oo
EXH/B/T "A "
PLAT SHOWING
RIGHT-OF-WAY BEING CONVEYED
TO
BOARD OF SUPERVISORS, ROANOKE COUNTY
BY
Darrick A. & Linda M. Jones
CURVE' DATA
ROANOKE COUNTY TAX MAP PARCEL 80,00-o2-1fi.oo opNo CURVE 'A" CURVE "B"
SITUATED ALONG IVYLAND ROAD
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DATE: MAY 5, 2009
SCALE: 1
PREPARED HY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
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PROPERTY OF
JOSH N. LEFFELL &
MELISSA R. LEFFELL
D.52 ACRES
INSTRUMENT #2DD9DD189
TAX No. 080.D3-01-06.00
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PROPERTY OE
ANGELA ANN TAYLOR and
DOROTHEA CHRISTINA TAYLOR
SUBJECT TO
CAROLYN P, BARLOW
LIFE ESTATE
0.947 ACRES
INSTRI}i~ENT X200322197
TAX No. 080.00-02-11,00
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ACTIGN NQ.
ITEM NO. I~ J
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS QF RGANGKE
CQUNTY, VIRGINIA HELD AT THE RGAN4KE CGUNTY ADNIINIS'fRATIQN CENTER
MEETING DATE: Gctober 13, 2009
AGENDA ITEM; Grdinance amending the Intergovernmental Agreement with
the City of Roanoke concerning the regional 800 MHZtrunking
radio system
SUBMITTED BY;
APPRQVED BY:
Joseph B. Gbenshain
Senior Assistant County Attorney
B. Clayton Goodman, I I I '~~
County Administrator
CQUNTY ADMINISTRATQR'S CQMMENTS:
SUMMARY OF INFQRMATIQN;
In December 1991, Roanoke County and ~fhe City of Roanoke entered into an
intergovernmental agreement, pursuant to § 15.2--1300 of the Code of Virginia, to permit
the expansion of Roanoke County's existing 800 MHz trunked radio system to serve both
County and City fire, police, emergency and other radio communication needs.
Subsequently, this intergovernmental agreement has been amended in October 2001 and
September 2Q~5 to clarify operational details and to provide for the Soo MHz rebanding
reconfiguration process.
The County and Gity have recently negotiated and entered into a Service Level Agreement
for the maintenance of the City's Analog Public Safety Radio System. The CityAttorney's
office has requested and drafted the attached amendment to the existing
Intergovernmental Agreement, which has been reviewed and approved by the Gounty
Attorney's office. The Code of Virginia requires that intergovernmental agreements and
their amendments be adopted by ordinance of the local government body. The Roanoke
City Council has previously adopted this amendment on August 18, 2009.
Page 1 of 2
FISCAL IMPACT:
The County has received funding in the amount of $119,204.50 from the City of Roanoke
for maintenanceto beperformed ontheiranalog public safety radiosystem. ~n September
8, 2009, the Board of Supervisors appropriated this amount to the County's Radio
Maintenance and Capital Fund.
ALTERNATIVES:
1, Adopt the proposed amendment to the Intergovernmental Agreement
2. Do not adopt the proposed amendment to the Intergovernmental Agreement
STAFF RECC~MMENDAI'I~N:
Staff recon~in7ends that the Board of Supervisors adopt the proposed amendment.
Page 2 of 2
ATA REGULAR MEETING OF THE BGARD OF SUPERVISORS GF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER GN TUESDAY, OCTOBER 13, 2009
ORDINANCE AMENDING THE IN'~ERGGVERNMENTAL AGREEMENT
1~ITH THE CITY OF R~ANGKE CONCERNING THE REGIONAL 800
MHZ TRUNKING RADII SYSTEM
WHEREAS, the County of Roanoke and the City of Roanoke have previously
entered into an Intergovernmental Agreement ~"the Agreement"} dated December 17,
1991, for the purpose of expanding the County's existing 809 MHz trunked radio
communication system ~"the System"} to serve both the County and the City's fire,
police, emergency and other radio communications needs pursuant to Section 15,2-
1300 of the Code of Virginia (1950), as amended; and
WHEREAS, the Agreement has been previously amended on October 1, 2001,
and September 19, 2095, in connection with operational details for the System and the
FCC rebanding project; and
iNHEREAS, the County and Gity desire to further amend the Agreement to
provide a clear, concise and measurable description of services, responsibilities, duties
and cost of services to maintain the System to be provided by the County to the City
under the terms of the Agreement; and
WHEREAS, Roanoke City Council approved the proposed Third Amendment to
this Intergovernmental Agreement on the 1lth day of August, 2009; and
WHEREAS, the first reading of this Ordinance was held on September 22, 2009,
and a second reading was held on October 13, 2999
NOW, THEREFORE, BE IT ORDAINED by the Board of S~~pervisors of Roanoke
County, Virginia, as follows;
Page 1 of 2
~ . That the Service Level Agreement between the County of Roanoke and the City
of Roanoke, dated July 1, 2009, is approved and authorized to be incorporated
into and made a part of the Intergovernmental Agreement dated December ~11,
1991, as the Third Amendment thereto.
2. That the remaining terms and conditions of the Intergovernmental Agreement,
including Amendments one and Two, except as specifically modified by the Third
Amendment thereto, shall remain in full force and effect.
3. That the County Administrator is hereby authorized to execute such Amendment
to the Intergovernmental Agreement concerning the Regional 800 NIHz Trunking
Radio System upon such form as approved by the County Attorney.
4, That this ordinance shall be in effectfrom and after its adoption.
Page2of2
AMENDMENT THREE TG INTERGGVERNMENTAL AGREEMENT BETWEEN
THE CITY GF RGANGKE AND THE CGI~NTY GF RGANGKE
"this Amendment Three to "Intergovernmental Agreement for the
Establishment of a Joint Public Radio Safety Agreement ~"Agreement"}" dated
December 1l, 1991, between the City of Roanoke ~"City"}apolitical subdivision
of the Commonwealth of Virginia, and the County of Roanoke ~"County"}, a
political subdivision of the Commonwealth of Virginia, is dated this day
of , 2009.
WITNESSETH:
WHEREAS, the City and County entered into an Agreement dated
December 1l, 1991, that caused the County's existing 800 MHZ trunked radio
communications system ~"System"} to be expanded and to serve both the City
and the County's fire, police, emergency and other radio communication needs
pursuant to Section 15.2-1300 of the Code ofVirginia X1950} as amended;
WHEREAS, the Agreement was amended by subsequent agreement
dated October 1, 2001, for the purpose of providing the details relating to the
operation of the System and the relationship among the City and County;
WHEREAS, the Agreement was amended by subsequent agreement
dated September 19, 2005, for the purpose of providing details related to the
operation and implementation of the required reconfiguration of the 800 MHZ
band and to authorize the issuance of a joint RFP between the City and the
County for the purpose of hiring a consultant andlor legal counsel to assist with
contract negotiations with Nextel in connection with such reconfiguration.
WHEREAS, the parties desire to further amend the Agreement to provide
a clear, concise and measurable description of the services, responsibilities,
duties and costs of such services provided by the County to the City under the
Agreement.
NSW, 'fHEREF4RE, in consideration of the agreements and mutual
promises contained in the Agreement, the parties agree as follows:
1. The City and the County acknowledge and agree that the services the
County provides the City under the terms of the Agreement shall be governed by
the terms and conditions contained with the attached Service Level Agreement
between the City of Roanoke and the County of Roanoke dated July 1, 2009,
which is hereby incorporated into the Agreement and made a part hereof. To the
extent there is any con~l~lict between the Agreement and the attached Service
Level Agreement, the Service Level Agreement shall control.
2. The remaining terms and conditions to the Agreement, including its
Amendments Gne and Two, and except as modified as stated herein, shall
remain in full force and effect.
IN vUITNESS WHEREOF, the parties have signed this Amendment Gne
by their authorized representatives.
ATTEST;
Title;
ATTEST:
Title:
CITY GF RGANOKE, VIRGINIA
By;
Darlene L. Burcham, City Manager
CGI,INTY GF RGANGKE, VIRGINIA
By:
Name:
Title:
Approved as to Form;
Assistant City Attorney
Assistant County Attorney
Certification of Funds Required
For this Amendment Three Certi~ried
Roanoke City airectvrof Finance
Acct. N o .
Approved as to Execution
Assistant City Attorney
Assistant County Attorney
2
ACTIGN NG.
ITEM NO. ~- I d- T Z. ~
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA HELDATTHE RGANGKE CGUNTYADMINISTRATIGN CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Gctober 13, 20D9
Ordinance authorizing tl~e conveyance of 0.020 acre along
Clearbrook Lane to the WaI-Mart Real Estate Business Trust
Grdinance authorizing the conveyance of 1,913 square feet
along U.S. Route 220 to the Wal-Mart Real Estate Business
Trust
Paul M. Mahoney
County Attorney
CGUNTY ADMINISTRATGR'S CGMMENTS:
SUMMARY GF INFGRMATIGN:
These two ordinances authorize the conveyance of two small parcels of real estate from
Roanoke County to the Wal-Mart Real Estate Business Trust. These conveyances will
allow UVaI-Mart to fulfill its obligations to construct certain road improvements that were
required by the Board of Supervisors as part of the Gctober 24, 2006, rezoning and
special use permit for the retail development along U. S. Route 220 in the Clearbrook
area of Roanoke County.
`fhe Board of Supervisors acquired 0.020 acres of real estate located along Clearbrook
Lane by a dedication by plat dated April 7, 2003, and recorded in Plat Book 26 at Page
122.
"fhe Board of Supervisors acquired 1,913 square feet of real estate located along U.S.
Route 220 by a deed from Vine & Branch, Inc. dated May 14, 2003, and recorded in
Plat Book 26 at Page 122.
Gn May 12, 2D09, the Board approved and authorized the County Administrator to
execute an agreement dated June 19, 2009 with Wal-Mart Business Trust, which
provided for certain dedications, vacations and conveyances of real estate in order to
implement the conditions contained in the rezoning and SUP Grdinance No, 102406-1
so that Wal-Mart can construct the road improvements necessary for this shopping
center development.
Page 1 of 2
STAFF REC~MMENDATI~N:
The first readings of these ordinances were approved on September 22, 2009.
It is recommended that the Board approve the second readings and adopt the two
attached ordinances. It is also recommended that there be a separate, recorded vote
on each ordinance.
Page 2 of 2
ATA REGULAR NIEE~~ING GF THE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA HELD AT -fHE RGANGKE CGUNTY ADMINISTRATIGN CEN~fER
GN TUESDAY, GCTGBER 13, 2009
ORDINANCE AUTH~RIZINC THE CONVEYANCE of 4,44 ACRE
ALGNG CLEARBROOK LANE To THE 11~AL-DART REAL ESTATE
BUSINESS TRUST
WHEREAS, the Board of Supervisors acquired this property located along
Clearbrook Lane by a dedication by plat dated April 1, 2003 and recorded in Plat Book
26 at Page 122; and
WHEREAS, this property is designated as Parcel "I" on a certain plat entitled
"Plat of Resubdivision and Right of Way Vacation for: Wal-Mart Business Trust Store
No. 1391-92" prepared by Dewberry & Davis, Inc., dated July 31, 2949 and revised
September 19, 2999; and
WHEREAS, the County and Wal-Mart Business Trust entered into an agreement
dated June 19, 2999 regarding certain real estate dedications, vacations, and other
work related to the development of a shopping center in the Clearbrook area of
Roanoke County; and
WHEREAS, this agreement provided for certain real estate conveyances
between and among the parties; and
WHEREAS, this ordinance authorizes the conveyance of this property in order to
fulfill the obligations of this agreement, to implement the provisions of the rezoning and
SUP Grdinance No. 102406-1 and to assist Wal-Mart Business Trust in the completion
of certain public road improvements; and
WHEREAS, Section 18.94 of the Roanoke County Charter directs that tl~e
acquisition and conveyance of real estate interests be accomplished by ordinance; the
Page 1 of 2
first reading of this ordinance was held on Septerr~ber 22, 2449, and the second reading
and pubiic hearing was held on October 13, 2449.
NSW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the conveyance of a 4.424 acre parcel of real estate located along
Clearbook Lane and designated as Parcel "I" on a certain plat entitled "Plat of
Resubdivision and Right of Way Vacation for: Wal-Mart Business Trust Store No. 1341-
42" prepared by Dewberry & Davis, Inc., dated July 31, 2449 and revised September
14, 2449 to the Vllal-Mark Business Trust is hereby approved and authorized; and
2. 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.
Page 2 of 2
ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN'~ER
ON TI.IESDAY, OCTOBER 13, 2009
GRDINANCE AUTHGRIZING THE CGNVEYANCE GF 1,913 SQUARE
FEET ALGNG U.S. RGUTE ZZ4 TG THE WAL-MART REAL ESTATE
BUSINESS TRUST
WHEREAS, the Board of Supervisors acquired tl~~is property located along U.S.
Route 220 by a deed from Vine & Branch, Inc. dated May 14, 2003 and recorded in Plat
Book 26 at Page 122; and
WHEREAS, this property is designated as Area #2 on a certain plat entitled "Plat
Showing Property (36,246 S.F.) Being Dedicated to the County of Roanoke for Street
Purposes and New Temporary Construction Easement, 30' Temporary Access
Easement #1, Temporary Access Easement #2, Permanent Utility Easement,
Permanent Sanitary Sewer Easement, Permanent Water line Easement, and a New
Temporary SlopelPermanent Drainage Easement Being Granted to the County of
Roanoke by the Vine and Branch, Inc. Situated along U.S. Route 220, Cave Spring
IVlagisterial District, Roanoke County, Virginia"; and
WHEREAS, the County and Wal-Mart Business Trust entered into an agreement
dated June 19, 2009 regarding certain real estate dedications, vacations, and other
work related to the development of a shopping center in the Clearbrook area of
Roanoke County; and
WHEREAS, this agreement provided for certain real estate conveyances
between and among the par#ies; and
WHEREAS, this ordinance authorizes the conveyance of this property in order to
fulfill the obligations of this agreement, to implement the provisions of the rezoning and
Page 1 of 2
SUP Grdinance No. 102406-1 and to assist Vllal-Mart Business Trust in the completion
of certain public road improvements; and
1NHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on September 22, 2009, and the second reading
and public hearing was held on October 13, 2009.
N~VI~, THEREFORE, BE IT ORDAINED by the Board of SupeNisors of Roanoke
County, Virginia, as follows:
1, That the conveyance of a 1,913 square foot parcel of real estate located
along Clearbook Lane designated as Area #2 on a certain plat en~kitled "Plat Showing
Property (36,246 S.F.) Being Dedicated to the County of Roanoke for Street Purposes
and New Temporary Construction Easement, 30' Temporary Access Easement #1,
Temporary Access Easement #2, Permanent Utility Easement, Permanent Sanitary
Sewer Easement, Permanent 1Nater line Easement, and a New Temporary
SlopelPermanent Drainage Easement Being Granted to the County of Roanoke by the
Vine and Branch, Inc. Situated along U.S. Route 220, Cave Spring Magisterial District,
Roanoke County, Virginia" to the 1Na!-Mart Business Trust is hereby approved and
authorized; and
2. 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.
Page 2 of 2
AC1-IGN NG,
ITEM NG. --~ ~ -~
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA HELD AT `fHE RGANGKE CGUNTY ADMINISTRATIGN CENTER
MEETING DATE: Gctober 13, 2009
AGENDA ITEM: Appointments to Committees, Commissions, and Boards
SUBMITTED BY: Becky R. Meador
Clerk to the Board
APPRnVED BY: B, Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATnR'S COMMENTS;
SUMMARY GF INF~RMATI4N:
1. Building Code Board of Adjustments and Appeals Fire Code Board of Appeals
appointed at large
The four-year term o~f David M. Shelton, Jr,, Alternate, expired on September 23, 2009,
and the four-year term of Ralph T. Henry, Alternate, will expire on Gctober 28, 2009. At
the request of the Board, Mr. Shelton and Mr, Henry were contacted to deterrr~ine if
they were willing to serve again.
Mr. Shelton and Mr. Henry indicated to the Clerk that they were willing to serve
additional terms, and confirmations of their appointments have been placed on the
consent agenda.
2. Capital Improvement Program Review Committee (appointed by District)
The following one-year term appointments expired on August 31, 2009:
a, Steven A, Campbell -Hollins Magisterial District
b, Charles S. Wertalik-Vinton Magisterial District
Page 1 of 2
3, Economic Development Authority appointed at-large with each Magisterial
District represented
The four-year term of Stephen A. Musselwhite expired on September 26, 2009.
4. Grievance Panel (appointed at large)
The thee-year terms of Jim Carlow, Alternate, and Beth Anderson, Alternate, will expire
on October 28, 2009. At the request of the Board, the Clerk contacted Mr. Garlowand
Ms. Anderson to determine if they would be willing to serve again.
Mr. Carlow has indicated to the Clerk that he is willing to serve an additional term, and
confirmation o~r his appointment has been placed on the consent agenda.
Ms. Anderson has indicated to the Clerk that she declines to serve an additional term.
5. Parks, Recreation and Tourism Advisory Board appointed by District
The three-year term of Deborah George, Hollins Magisterial District, expired on June
30, 2009. The Board has been notified that Ms. George is moving from the district.
Page 2 of 2
K~-~
AT A REGULAR MEETING GF THE BOARD GF SUPERVISGRS GF RGANGKE
COUNTY, VIRGINIA, HELD AT THE RGANGKE COUNTY ADMINISTRATIGN
CENTER GN TUESDAY, GCTGBER 13, 2009
RESOLUTION APPROVING ANDCONCURRING IN CERTAIN ITEMS SET
FORTH QN THE BOARD QF SUPERVISQRS AGENDA FOR THIS DATE
DESIGNATED AS ITEM K-CONSENT AGENDA
BE IT RESGLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for Gctober 13,
2009 designated as Item K-ConsentAgenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 6
inclusive, as follows;
1. Approval of minutes -February 24, 2009; March 10, 2009; March 1l, 2009
2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Floyd L. Wood, Sheriff's Gffice, upon his retirement after eleven years
of service
3. Confirmation of appointments to the Building Code Board of Adjustments and
Appeals (Fire Code Board of Appeals) and Grievance Panel
4. Appropriation of funds in the amount of $16,049 to the Clerk of Circuit Court
from the state for fiscal year 2009-2010
~. Request to accept and appropriate the Edward Byrne Memorial Justice
assistance grantfromthe U.S. Department of Jus~rice in the amountof $35,033
6. Request to accept and appropriate a State Criminal Alien Assistance Program
federal grant in the amount of $6,859 from the Bureau of Justice Assistance
That the Clerk to the Board is hereby authorized and directed where required by law
to setforth upon any of said itemstheseparatevotetab~~~lation foranysuch item pursuant
to this resolution.
AC~~ION NO.
,~~
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT "fHE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 13, 2Da9
AGENDA ITEM: Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Floyd L. Wood, Sheriff's
Office, upon his retirement after eleven years of service
SUBMITTED BY: Becky R. Meador
Deputy Clerk to the Board
APPRQVED BY: B. Clayton Goodman, III
~~
County Administrator
CQUNTYADMINISTRATQR'S CQMMENTS:
SUMMARY 4F INFQRMATIQN:
Sergeant Floyd L. Wood, Roanoke County Sheriff's Office, retired on September 3d, 2DD9,
after eleven years and one month of service to Roanoke County. Mr. Wood will not be
attending the meeting and his resolution of retirement will be mailed to him at his request.
STAFF RECQMMENDATIQN:
Staff recommends adoption of the attached resolution.
AT A REGULAR NIEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 13, 2009
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY T4 FLOYD L. WOOD,
SHERIFF'S OFFICE, UPON HIS RETIREMENT AFTER ELEVEN YEARS
OF SERVICE
WHEREAS, Floyd L. Wood was hired on August 31, 1998, as a Deputy Sheriff in
the Civil Division and was selected forThe Color Guard Team in December 2900; and
WHEREAS, Deputy Flayd L. Woad was promoted to the rank of Sergeant seven
years later; and
WHEREAS, Sergeant Wood retired from the Roanoke County Sheriff's Office on
October 1, 2009, after a total of eleven years and one month of devoted and faithful
service; and
WHEREAS, Sergeant Wood embraced education and earned his certification as an
instructor for the Department of Criminal Justice Services; and
WHEREAS, Sergeant Wood has always acted in a manner of fairness, treating all
issues with an ethical approach and in accordance with County values, policies and
procedures.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia does express its deepestappreciation and the appreciation ofthe citizens
of Roanoke County to FLOYD L. WOOD for his capable, loyal and dedicated service to
Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
produc~five retirement,
ACTION NO.
ITEM NO. ~~~-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN-fER
MEETING DATE: October 13, 2449
AGENDA ITEM: Confirmation of appointments to the Building Code Board of
Adjustments and Appeals Fire Cade Board of Appeals} and
Grievance Panel
SUBMITTED BY: Becky R. Meador
Clerkto the Board
APPRGVED BY: B. Clayton Goodman, III
..
CountyAdm~n~strator
CDUNTYADMINISTRATOR'S COMMENTS:
SUMMARY OF INFGRMATIDN:
~. Building Code Board of Adjust~ei~ts and Appeals Fire Code Board of Appeals
appointed at large:
The four-year term of David M. Shelton, Jr. as alternate expired on September 23, 2449. At
the request of the Board, Mr. Shelton was contacted. He expressed his willingness to serve
an additional term. Confirmation of the appointment has been placed on the Consent
Agenda.
The four-year term o~f Ralph T. Henry as alternatewill expire an October 28, 2449. Atthe
request of the Board, Mr. Henry was contacted. He expressed his willingness to serve an
additional term. Confirmation of the appointment has been placed on the Consent Agenda.
2. Grievance Panel appointed at large
The three-year term of Jim Garlaw as alternate will expire an October 28, 2449. At the
request of the Board, Mr. Carlow was contacted. He expressed his willingness to serve an
additional term. Confirmation of the appointment has been placed an the Consent
Agenda.
ACTIGN NG.
ITEM NG. ~
AT A REGULAR MEETING aF THE BGARD aF SUPERVISGRS GF RGANQKE
CGUNTY, VIRGINIA HELDATTHE RGANGKE CGUNTYADMINIS"rRATIGN CENTER
MEETING DATE: Gctober 13, 2009
AGENDA ITEM: Appropriation of funds in the amount of $16,049 to the Clerk of
Circuit Court from the state for fiscal year 2009-2010
SUBMITTED BY: Brent Robertson
Director of Management and Budget
APPRaVED BY: B. Clayton Goodman, III
County Administrator
C~UNTYADMINISTRAT4R'S COMMENTS:
SUMMARY 4F INF~RMATI~N:
Based on prior cuts in funding to the Clerk of Circuit Court's state budget, the
Compensation Board has made available Technology Trust Funds to the various Clerks'
offices throughout the state for office expenses for fiscal year 2009-2010. Griginal fiscal
year 2009-2010 budget allocations from the Compensation Board did not include any
reimbursement for office expenses. Roanoke County's portion of this allocation is $16,049.
In order to make these funds available to the Clerk of Circuit Court, the state revenues
must be appropriated and the related expenditure appropriation made to the Clerk of
Circuit Court's office expense budget.
F ISCAL I M PACT:
No~fiscal impact-100°/o state funds
STAFF REC~MMENDATIGN:
Staff recommends appropriation of funds in the amount of $16,049 to the Clerk of Circuit
Court for fiscal year 2009-2010.
ACTION NO.
_~
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN-fER
MEETING DATE: October 13, 2009
AGENDA ITEM: Request to accept and appropriate the Edward Byrne Memorial
Justice assistance grantfrom the U.S. Departmentof Justice in
the amount of $35,033
SUBMITTED BY: Gerald S. Holt
Sheriff
APPRGVED BY: B. Clayton Goodman III
County Administrator
CGUNTYADMINISTRATGR'S CGMMENTS:
SUMMARYGF INFGRMATIGN:
On June 23, 2~~9 the Board approved a joint grant application from the Sheriff and
Commonwealth Attorney for the Edward Byrne Memorial Justice assistance grant. The
Sheriff's Office and the Commonwealth Attorney's Office VictimlWitness Program were
awarded the Edward Byrne Memorial Justice assistance grant from the U.S. Department of
Jus~rice. The Sheriff's Office will use $24,818 of these funds to purchase an update to the
fire alarm system and computers. "fhe Commonwealth Attorney's Office VictimlWitness
program will use the remaining $10,215 to supplement their operating budget. The grant is
good for a period of four years.
FISCAL IMPACT:
No matching funds are required.
ALTERNATIVES:
None
STAFF RECGMMENDAI'IGN:
Staff recommends accepting and appropriating the Edward Byrne Memorial Justice
assistance grant from the U.S. Department of Justice in the amount of $24,818 to the
Sheriff Department and $10,215 to the Commonwealth Attorney.
ACTION N4.
~-
ITEM N~.
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF ROANGKE
CGUNTY,VIRGINIA HELDATTHE RGANGKECGUNTYADMINIS~fRATION CENTER
MEE'~ING DATE: Gctober 13, 2009
AGENDA ITEM: Request to accept and appropriate a State Criminal Alien
Assistance Program federal grant in the amount of $6,859
from the Bureau of Justice Assistance
SUBMITTED BY: Gerald S. Holt
Sheriff
APPROVED BY: B. Clayton Goodman III ~~
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY 4F INF~RMA'~14N:
Gn Gctober 1, 2009 the Roanoke County Sheriff's Gffice was awarded a State Criminal
Alien Assistance Program federal grant in the amount of $6,859 from the Bureau of Justice
Assistance. This grant will provide funds cover personnel costs associated with overtime
which is a I lowed by th is g ra nt.
FISCAL IMPACT:
No matching funds are required,
ALTERNATIVES:
None
STAFF REC~MMENDAI"IAN:
Staff recommends accepting and appropriating the State Criminal Alien Assistance federal
grant from the Bureau of Justice in the amount of $6,859 to the Sheriff's Department.
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Amount
Unaudited balance at June 39, 2999 $ 11,493,898
Balance at actober 13, 2999
$ 11,493,898
o-i
of General
Fund Revenue
9.65%
9.31°/° **
Note: an December 21, 2994, the Board of Supervisors adopted a policy to increase the General
Fund Unappropriated Balance incrementally over several years.
* 2998-09 a range of 9.0°/°-19.9°/° of General Fund Revenues
2998-2999 General Fund Revenues $181,259,899
9.0% of General Fund Revenues $16,313,391
19.9% of General Fund Revenues $18,125,999
*~ 2999-10 a range of 9.5%-10.5% of General Fund Revenues
2009-10 General Fund Revenues $186,156,550
9.5% of General Fund Revenues $11,141,812
10.5% of General Fund Revenues $19,609,438
The unaudited Unappropriated Fund Balance of the County at June 30, 2009 was maintained at 9.65%
which was within the range of our goal for 2008-2009. The balance will be increased over time
to the following ranges:
2014-2011 10.0%-11.0°/°
Submitted By Rebecca E, awens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator ~Sy'
COUNTY OF ROANOKE, VIRGINIA ~Z'
CAPITAL RESERVES
Minor County Capital Reserve
~.,.,._.
(Projects not in the CIP, architectural/engineering services, and other one-time expenditures.)
Amount
Unaudited balance at June 30, 2009 $1,932,871,20
July 14, 2009 Appropriate funds to compensate the City o~f Roanoke for the fair value ~195,204.00~
of the firing range and driving range
Balance at actober 13, 2009 $1,737,667.20
for County Capital Reserve
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Unaudited balance at June 30, 2009
Submitted By
Approved By
Balance at actober 13, 2009
Rebecca E. awens
Director of Finance
B. Clayton Goodman III
County Administrator ~
$2, 339, 030.00
$2, 339, 030.00
0~
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2009-2010 original Budget $100,000.00
May 26, 2009 Appropriation of funds for the lease of property for the temporary X15,600.00}
location of the Mt. Pleasant Library
June 9, 2009 Appropriation for Legislative Liaison X24,000.00}
August 25, 2009 Appropriation for Interstate-81 Corridor Coalition X1,000.00}
Balance at October 13, 2009
Submitted By Rebecca E. Owens
Director of Finance
$ 59,400.00
Approved By B. Clayton Goodman III
County Administrator ~~"'
ACTION N0.
ITEM NUMBER - BCJY
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
MEETING DATE: October 13, 2009.
AGENDA !TENS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
September 30, 2009.
SUMMARY OF INFORMATION:
CASH INVESTMENT;
SUNTRUST CON 2,948,011,12 2,948,011.12
GOVERNMENT;
SMITH BARNEY CONTRA ~621,969.33~
SMITH BARNEY 44,024,380.71
SUNTRUST SECURITIES 5,000,000.00
SUNTRUST SECURITIES CONTRA 21,598.89 48,424,010.21
LOCAL GOVT INVESTMENT POOL:
GENERAL OPERATION 19,029,539.10 19,029,539.10
MONEY MARKET:
BRANCH BANKING & TRUST 1,013,463.08
SMITH BARNEY 37,395,133.80
SUNTRUST SECURITIES 3,113,43fi.51
STELLAR ONE 1,033,230.41
WACHOVIA 3,051,591.4$ 45,726,861.34
TOTAL 116,128,428.43
08/01/09
~IILIY[~~i II# ~LZIIttnalte
x,~~cX~xr~~r~r~~
DECLARING OCTOBER 4 THROUGH 11, 2009, AS
MENTAL ILLNESS AWARENESS WEEK
1N THE COUNTY OF ROANOKE
WHEREAS, mental health is essential to good health and every individual, family and
community must understand that mental health is a necessary part of overall
health care and suicide prevention must be Increased by reducing the stigma of
seeking care; and
WHEREAS, it is essential to eliminate disparities in mental health care by promoting well-
beingfor all, regardless of race, ethnicity, language, place of residence or age and
ensure equity of access, delivery of services and improvement of outcomes,
through public and private partnership to ensure culturally competent care to all;
and
WHEREAS, individuals and families must have the necessary information and the opportunity
to exercise choice over their care decisions, including individualized plans of
care, expanded supported employment, enhanced rights protections, better
criminal and juvenile justice diversion and reentry programs, improved access to
housing, and an end to chronic homelessness; and
WHEREAS, every individual m ust have the opportunity for early and appropriate mental health
screening, assessment and referral to treatment; and
WHEREAS, adults and children with mental illness must have ready access toevidence-based
best treatments, services and supports leading to recovery; and
WHEREAS, the mental health system must provide consumers, providers and the public with
quality, accessible and accountable Information supporting improved care,
NOW, THEREFORE, I, Michael W. Altizer, Chairman of the hoard of Supervisors of Roanoke
County, Virginia, do hereby proclaim October 4 through 11, 2009, as MENTAL
ILLNESS AWARENESS WEEK throughout the County of Roanoke to increase
public awareness of mental illness to promote greater access to effective
treatments for those who suffer from the potentially disabling symptoms of these
disorders.
Presented this 4th day of October 2009
~~~.~
Michael W. Altizer, Chairman
~S
ACTION NO.
ITEM NO. ~- S
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD ATTHE ROANOKECOUNTY ADMINISTRAI-ION CENTER
MEETING DATE: October 13, 2009
AGENDA ITEM: Certificates o~f Recognition signed by the Board
SUBMITTED BY: Becky R. Meador
Clerk to the Board
APPROVED BY: B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S CGMMENTS:
SUMMARY 4F INF~RMATIGN:
In July 2009 students from Roanoke County High Schools and Roanoke County Resource
Officers attended the Youth Alcohol Drug Abuse Prevention Project (YADAPP) conference
at Longwood University, VA, and the mid-year national Community Anti-Drug Coalitions of
America (CADCA) conference at Louisville, KY.
On September 24, 2009, certificates of recognition were prepared and distributed to the
students and resource officers who participated in these conferences.
Attached is a list of the students and resource officers who received certificates of
recognition.
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Ac'rION NO.
ITEM N O. ~.~- ~ ~t~.-
AT A REGULAR MEEI~ING GF THE BOARD GF SUPERVISORS GF ROANOKE
COUNTY, VIRGINIA HELD AT 'rHE RGANGKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 13, 2009
AGENDA ITEM:
SUBMITTED BY:
Work session on amending the County's Noise Ordinance
Paul M. Mahoney
County Attorney
SUMMARYQF INF~RMATI~N:
On January 13, 2009, the Board of Supervisors held a work session on amending the
County's Noise Ordinance Article II, Chapter 13 of the Roanoke County Code}. At that
time, the Board considered replacing the specific prohibitions in the County Code with
an ordinance based upon decibel meter readings. After this work session, the Board
decided to take no action.
On April 17, 2009, the Virginia Supreme Court ruled that the Virginia Beach noise
ordinance was vague and unconstitutional. This case arose from a challenge to the
City's ordinance by the Peppermint Beach Club located on Atlantic Avenue in the City of
Virginia Beach. The Virginia Beach ordinance failed to give "fair notice" to citizens as
required by the Due Process Clause, because it did not contain ascertainable
standards. Instead, it was based upon a "reasonable person" standard, or "persons of
reasonable sensibilities". These general descriptive terms in the City's ordinance
depended in each case on the subjec~rive tolerances, perceptions, and sensibilities of
the listener. Roanoke County's ordinance utilizes sirnilar subjective terms,
"The references in the ordinance to 'reasonable persons' and to persons of `reasonable
sensitivity' do not provide a degree of definiteness sufficient to save the ordinance from
the present vagueness challenge. Such terms, considered in their context, delegate to
a police officer the subjective determination whether the persons whom the police
officer considers to be of reasonable sensitivity would find the noise detrimental to their
life or health. Likewise, these terms leave to a police officer the determination whether
persons the police officer considers to be reasonable would be disturbed or annoyed in
their comfort or repose by the particular noise at issue."
Page 1 of 4
"Determinations of this nature invite arbitrary enforcement. Police officers likely will
have differing perceptions regarding what levels of sound exceed the described
tolerance levels and sensitivities of reasonable persons." Because these determinations
required by the ordinance can only be made by police officers on a subjective basis, the
Court held that the language of the ordinance was impermissibly vague.
-fhe Roanoke County ordinance provides for a general prohibition 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 rea{ property Section 13-20}, This general prohibition is similarta
the provision held to be vague and unconstitutional. There are also nine specific acts
defined as a "noise disturbance" listed in Sec. 13-21 of the County Code see Exhibit A}.
Recently, the Roanoke County Circuit Court had an opportunity to examine the County's
noise ordinance in the Steven Durrance case. In Judge Doherty's letter opinion he
concluded that "the Roanoke County noise ordinance, Section 13-20, to the extent that
it relies on the definition on `noise disturbance' as defined in 13-18....does not notify or
warn citizens in clear and definite terms what noise levels are prohibited, and is
therefore unconstitutionally vague and unenforceable. People should not be required to
guess as to whether they might be violating a law. The criminal charge against
defendant far violation of 13-20 will be dismissed. The per se violations of the Roanoke
County ordinance, as set forth in 13-21, are not before this Go~~irt in this case, and so no
finding is made with regard to them."
Therefore it is necessary to amend the County's noise ordinance to bring it in to
compliance with these judicial decisions.
The Local Government Attorney's of Virginia appointed a committee to develop a model
noise ordinance that would satisfy the concerns and objections raised in the Virginia
Beach decision. It has issued its report and provided invaluable research on this topic.
It has also recommended both a decibel meter-based ordinance and a "specific
prohibition" ordinance as models for consideration.
Over 30 localities in the Commonwealth of Virginia have adopted ordinances regulating
noise based upon decibel readings. Gammon 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 -1g0 dB,
1 hour per day -105 dB.
Page 2 of 4
These ordinances apply different sound levels measured in dB or dBA, from 5o dB in
residential areas at night to 80 or 89 dB in industrial areas during the day. ethers apply
an increase of 5 dB over the ambient or background noise level. lll~ithin the last two
years several citizens complained about noise emanating from Mennel Mill (Bennis
Rd.ICommonwealth Dr.}, Economic Development staff borrowed a meter and took 9
readings from various residential locations surrounding the mill. These readings ranged
from ~o dB-~l dB done reading was l4 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.
Agasoline-powered lawn mower will register 9o dB-10o dB at the neighboring property
line.
ether localities have amended their ordinances to remove references to a "reasonable
person" standard, and have relied upon specific prohibitions in their ordinances.
County staff has received three broad categories of noise complaints: the first involves
loud amplified music both at night and during the day}, the second involves noise from
lawful commercial and industrial operations abutting residential uses, and the last is
noise from commercial trash collection.
Much of Roanoke County's commercial and industrial development is linear, that is,
located along arterial roads and primary highways, 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
industriallcommercial uses and residential uses are inevitable, and balancing these
competing demands will be difficult.
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.
Comments from the public and ~khe business community should be solicited, since this
may have an impact upon existing business operations and employment. Since this
ordinance involves criminal penalties and enforcement by the Police Department, any
amendments should be coordinated with the Commonwealth's Attorney
Page 3 of 4
STAFF REC~MMENDATIDN:
1 } Amend the County Code to eliminate reliance upon vague and unenforceable
terms, and instead use objective standards.
2} Provide the County Attorney with direction on how to proceed in amending the
County Code: does the Board wish to enact a "decibel meter" ordinance or
expand upon the existing "specific prohibition" ordinance?
3} Does the Board wish to grant administrative authority to the County Administrator
to provide for noise waivers, or does it wish to grant such waivers legislatively?
Page 4 of 4
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 bean 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 ofthe day such
acts take place.
~ 1 } l~ngaging 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 X100} yards of a residence
between the hours of l 0:04 p.m. and 7:0o 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 ~5 0} feet from such device.
~6} Using or operating a loudspeaker or other sound amplification devices in a f red 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
dlStrlct.
~$} 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 suff cient to be plainly audible at fifty
X50} feet from such vehicle.
~9} Failure to deactivate an alarm system plainly audible at fifty X50} feet from such alarm
within such reasonable time as is established by section 16-23 of this Code.
Ord. No. l 02792-12, § 1,10-27-92}
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AC'I'IGN NG.
ITEM NO. C~~~ Z 8cm..
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF R4ANGKE
CGUNTY, VIRGINIA HELD AT 'fHE RGANGKE COUNTY ADMINISTRAI"ICN CENTER
MEETING DA'~E: Gctober 13, 2009
AGENDA ITEM: 111Jork session to discuss the results of the 2009 Existing
Business Survey conducted by the Department of Economic
Development
SUBMITTED BY: Douglas Chittum
Economic Development Director
APPROVED BY: B. Clayton Goodman, III
County Administrator
C~UNTYADMINISTRAT~R'S COMMENTS:
SUMMARY~F INFORMATION:
Staff would like to take this opportunity to present the results of the 2009 Existing Business
Survey that was conducted this summer. Asimilarsurveywas sent in 2001 and in 2006.
Staff felt that due to the current unprecedented economic conditions, we needed to
proactively engage our businesses and solicit 'their input as we plan future ac~rivities,
programs and policies related to economic development. These types of surveys are an
excellent tool to identify companies that are expanding, companies that are having
difficulties, people who have an issue that has not been resolved through traditional means
ar processes, and 'rt gives the business community a platform to communicate honestly and
confidentially with their local government.
111Je are pleased with the overall results and have already begun to take ac~rion on the
information we gathered and analyzed. I look forward to presenting our analysis to the
Board of Supervisors, and the dialogue thatwill surefyfollow.
FISCAL IMPACT:
There is no direct fiscal impact to the County as this activity was budgeted for during the
2009-2010 budget process.
AC"I"IGN NG.
ITEM NG.
AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA HELD AT THE RGANGKE GGUNTY ADMINISTRATIGN CENTER
MEETING DATE: Gctober 13, 2009
AGENDA ITEM: Vl~ork session on restricting through truck traffic on Route 116,
Jae Valley Road
SUBMIT~~ED BY: Philip Thompson
Deputy Director of Planning
APPROVED BY: Glay Goodman ~..
County Administrator
CQUNTYADMINISTRAT~R'S CaMMENTS:
SUMMARYQF INF4RMATIQN:
In accordance with Section 46.2-809 of the Code of Virginia through trucks can be
restricted on certain primary and secondary routes in the limited number of cases where
doing so will promote the health, safety and welfare of the public without creating an undue
hardship on anytransportation users. Such restriction mayapplytoanytruck ortruck and
trailerorsemitrailercombination, excepts pickup orpanel truck that has no pointoforigin
or destination along the subject route,
Gn July 14, 2009, representatives from the Virginia Department of Transportation ~VDGT~
and Gounty staff reviewed with the Board the criteria and the process to restrict through
truck traffic on primary and secondary roads. "fhe Board instructed County staff to work
with VDGT and Franklin County on this issue. VDGT and County staff will review with the
Board information gathered since the July work session.
Attached are the following reference reports:
Attachment A; Virginia Department of Transportation, PROCEDURES FAR
CGNSIDERING REQUESTS FGR RESTRICTING THRGUGH TRUCKS GN PRIMARY
AND SECGNDARY HIGHVI~AYS dated July 15, 2004
Page 1 of 2
Attachment B: Commonwealth Transportation Board, GUIDELINES FOR
CONSIDERING REQUESTS TG RESTRICT THRGUGH TRUCKS ON PRIMARY AND
SECONDARY HIGHVIIAYS, dated October ~6, 2003
Page 2 of Z
Attachment A
Virginia Department of Transportation July 15, 2004
PROCEDURES FOR CONSIDERING REQUESTS FOR
RESTRICTING THROUGH TRUCKS ON PRIMARY AND
SECONDARY HIGHWAYS
The following actions constitute a complete and thorough procedure for considering requests to
restrict through traffic on primary or secondary roads in accordance with Section 46.2-809 of the
Code of Virginia:
1. Before submitting a through truck restriction to VDT, the local governing body
must hold a legally advertised public hearing with adherence to the following;
A. Public notices for the hearing must contain a description of the routes} of
the proposed through truck restriction and the alternate routes}with the
same termini, A copy of all Public Notices must be provided with the
request.
B. The governing body must hold a public hearing and a transcript of that
hearing must be provided with the request.
C. A copy of the adopted resolution describing the proposed through truck
restriction and the alternate including termini must be provided with the
request.
D, The local governing body must include in the resolution that it will use its
good offices for enforcement of the proposed restriction by the appropriate
local law enforcement agency.
A failure on the part of the local governing body to comply with A, B, C and D
will result in the return of the request to the locality for compliance.
2. The local governing body must make its formal request through the Resident
Engineer, certifying that it has met all the requirements noted in item #1. The
Resident Engineer, upon acceptance of the truck restriction request, will forward
it to the District Administrator. The District Administrator will forward the
request to the State Traffic Engineer.
3. The State Traffic Engineer will secure and evaluate the following data:
A. The functional classification for the route(s) proposed for restriction
and the route(s) proposed as alternate.
B. Review of the Six-Year Improvement Program to determine any
improvements scheduled for the proposed restricted route(s) and the
proposed alternate route(s).
C. A traffic engineering study to include:
(1) Traffic volumes by vehicle type including the number and
percentage of trucks on the route(s) proposed for restriction, and
the date(s) the data is collected.
(2) Comparison of driving runs on the route(s) proposed for restriction
and the alternate route(s), to indicate travel time/distance penalties
or savings.
Virginia Department of Transportation July 15, 2004
D, An inventory of roadway characteristics and geometrics for the routes}
proposed for restriction and the alternate routes}, This inventory should
include;
(1) Roadway length in miles
(2) Pavement width
(3) Number of travel lanes
(4) Shoulder width
(5) Pavement type and condition
(6) Speed limit
(7) Number and Type of adjacent land uses (i.e., residential and/or
commercial)
(8) Vertical and horizontal alignment
(9) Parking restrictions andlor parking observed
4. The State Traffic Engineer will secure and evaluate all available accident data or
the data for the previous three (3) years for the route(s) proposed for restriction
and the alternate route(s).
5. Following receipt of all requested data and information, the State Traffic Engineer
will conduct a traffic engineering study of the restriction request and a report will
be prepared. This report will be sent to the District Administrator for one or more
of the following actions:
A. Publish a public notice of the proposed restriction, requesting written
comment only
B. Publish a public notice of the proposed restriction and advise of the
Department's willingness to hold a public hearing if requested
C. Publish a public notice of the time and place of a public hearing on the
proposed restriction
If a public hearing is required, the District Administrator or his representative will
hold the hearing in accordance with established procedures.
In conjunction with the publishing of the public notice, signs will be erected at the
terminus of the proposed restricted route(s) advising of the proposed restriction
and listing contact information for receiving public comments. This signing shall
be erected for a period of at least thirty (30) days. A copy of the public notice will
be sent to the Virginia Trucking Association for distribution to the trucking
industry and other interested parties. If a proposed alternate route(s) includes
route(s) in another locality, the locality should be notified of this proposal for
their comments.
b. The District Administrator will prepare a report that will include his
recommendation and all pertinent materials (i,e., transcript of public hearing if
held, copy of published public notice and any written or oral comments received).
This report will be sent to the State Traffic Engineer,
2
Virginia Department of Transportation
July 15, 2004
7. The District Administrator will inform the Commonwealth Transportation Board
(CTB) member representing the area containing the proposed restricted route(s) of
the restriction request and obtain the CTB member's opinion. The District
Administrator will provide the State Traffic Engineer with the board member's
concurrence or disagreement with the recommendation.
8. The State Traffic Engineer will review all data and material including the District
Administrator's recommendation. Areport will be prepared which will consider
the criteria outlined in the CTB approved "Guidelines for Considering Requests to
Restrict Through Trucks on Primary and Secondary Highways", This report and a
recommendation to approve or deny the proposed restriction will be submitted to
the Chief of System operations.
9. For restrictions on secondar routes, the recommendation of the State Traffic
Engineer, if approved by the Chief of System operations will be presented to the
Commissioner for approval or denial of the proposed restriction.
10, For restrictions on rip marX routes, the recommendation of the State Traffic
Engineer, if approved by the Chief of System operations will be presented to the
Commissioner for consideration by the Commonwealth Transportation Board for
their approval or denial of the proposed restriction.
1 1. Following Commissioner or Board action the State Traffic Engineer will make all
appropriate notifications. The residency will be requested to post appropriate
signs if the restriction is approved
12. ~f a request is received to rescind or modify an existing "through truck" restriction
these same procedures must be followed.
3
Process to Restrict Through Truck
Local Governing Body (LGB) holds
legally advertised public hearing.
Public notices of hearing must
describe route and alternate,
Copy of adopted resolution with description
of proposed TTR & suitable alternate must
accompany request,
Adopted resolution must state that LGB will
use its good offices for enforcement of TTR
by appropriate local law enforcement
Incomplete
documentation-request
rejected
Time from request to DA to action by
Commissioner cannot exceed 9 months,
on Primary and Secondary Highways
Local Hearing
Copies of public notices
Hearing transcript
Copy of adopted resolution
Statement of local enforcement
Documentation
Documentation & request sent to YD4T
Resident Engineer.
Forwarded to VDT District
Administrator f DA] for review,
Sent to State Traffic Engineer STE} office for study &
evaluation.
DA requests public comments, advises CTB
representative and returns with recommendation to STE,
STE reviews all materials & prepares report. Submits to Chief of System Operations ~CSO}
with recommendation.
STE notifies District.
District notifies LGB & posts signs if appropriate.
4
Attachment B
Adopted by Commonwealth Transportation Board October 16, 2003
GUIDELINES FOR CONSIDERING REQUESTS TO
RESTRICT THROUGH TRUCKS ON PRIMARY AND SECONDARY HIGHWAYS
Section 46.2 809 of the Code of Virginia provides:
The Commonwealth Transportation Board, or its designee, in response to a formal
request by a local governing body, after such body has held public hearings, may, a$er
due notice and a proper hearing, prohibit or restrict the use by through traffic of any
part of a primary or secondary highway if a reasonable alternate route is provided.
The Board, or its designee, shall act upon any such formal request within nine
months of its receipt, unless good cause is shown. Such restriction may apply to any
truck or truck and trailer or semitrailer combination, except a pickup or panel truck,
as maybe necessary to promote the health, safety, and welfare of the citizens of the
Commonwealth, Nothing in this section shall affect the validity of any city charter
provision or city ordinance heretofore adopted.
Back rg ound
It is the philosophy of the Commonwealth Transportation Board that all vehicles should have access
to the roads on which they are legally entitled to travel. Travel by any class of vehicle on any class of
highway should be restricted only upon demonstration that it will promote the health, safety and
welfare of the citizens of the Commonwealth without creating an undue hardship on any of the users
of the transportation system, The Board recognizes that there may be a limited number of instances
when restricting through trucks from using a segment of a primary or secondary roadway will reduce
potential conflicts, creating a safer environment and one that is in accord with the current use of the
roadway. The Board has adopted these guidelines to govern and regulate requests for through truck
restrictions on primary and secondary highways.
Process
The Commonwealth Transportation Board delegates the authority to restrict through truck traffic on
secondary highways to the Commissioner of the Virginia Department of Transportation. Such
restrictions can apply to any truck, truck and trailer or semi trailer combination, or any combination of
those classifications. Consideration of all such restrictions by the Commissioner is subject to these
guidelines as adopted by the Board. The Commonwealth Transportation Board retains the authority
to restrict through truck traffic on primary highways.
In order to conform to the requirements of the Code of Virginia and to insure that all concerned
parties have an opportunity to provide input, the local governing body must hold a public hearing and
make a formal request of the Department. The following must be adhered to:
(A) The public notices for the hearing must include a description of the proposed through
truck restriction and the alternate route with the same termini. A copy of the notices
must be provided.
~B} A public hearing must be held by the local governing body and a transcript of the
hearing must be provided with the resolution.
~C} The resolution must describe the proposed through truck restriction and a description
of the alternate, including termini.
~D} The governing body must include in the resolution that it will use its good offices far
enforcement of the proposed restriction by the appropriate local law enforcement
agency.
Failure to comply with (A), (B), (C) and (D) will result in the request being returned. The
Commonwealth Transportation Board and the Commissioner shall act upon any such formal request
within nine months of its receipt, unless goad cause is shown.
('ritPria
Travel by any class of vehicle should be restricted only upon demonstration that it will promote
the health, safety and welfare of the citizens of the Commonwealth without creating an undue
hardship on any users of the transportation network. The Virginia Department of Transportation
will consider criteria 1 through 4 in reviewing a requested through truck restriction. The proposed
restriction must meet both the first and second criteria in order to be approved:
Reasonable alternate routing is provided. The alternate route will be evaluated for traffic and
2
safety related impacts. To be considered "reasonable", the alternate routes} must be
engineered to a standard sufficient for truck travel, and must be judged at least as appropriate
for truck traffic as the requested truck restriction route. If an alternate route must be
upgraded, the improvement shall be completed before the truck restriction can be
implemented. The termini of the proposed restriction must be identical to the alternate routing
to allow a time and distance comparison to be conducted between the two routings. Also, the
alternate routing must not create an undue hardship for trucks in reaching their destination.
2. The character andlor frequency of the truck traffic on the route proposed for restriction is not
compatible with the affected area. Evaluation will include safety issues, accident history,
engineering of the roadway, vehicle composition, and other traffic engineering related issues.
In addition to meeting the first two criteria, the proposed restriction must meet either the third or the
fourth criteria in order to be approved,
3. The roadway is residential in nature. T icall ,the roadway will be judged to be residential if
there are at least 12 dwellings combined on both sides within 150' of the existing or proposed
roadway center line per 1,000 feet of roadway.
4. The roadway must be functionally classified as either a local or collector.
Failure to satisfy criteria 1 and 2, and either criteria 3 or 4 will normally result in rejection of
the requested restriction,
The Commonwealth Transportation Board when deemed necessary may modify or revise any
provisions or criteria contained in these guidelines.
3
ATA REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RDANGKE
CGUNTY, VIRGINIA, HELD AT THE RDANGKE COUNTY ADMINISTRA`I"IGN
CENTER GN TUESDAY, GCTGBER 13, 2009
RESOLUTION CERTIFYING 'SHE CLOSED MEETING 1NAS HELD IN
CONFORMITYII~ITH'~HE CODE OF VIRGINIA
VIJHEREAS, 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 "fhe Virgir~ia Freedom of Information Act; and
VIJHEREAS, Section 2.2-3112 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted inconformity with Virginia law.
NGVIJ, "fHEREFQRE, BE IT RESGLVED, thatthe Board of Supervisorsof Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Gnly public business matters lawfully exempted from open meeting requiren~ents
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Gnlysuch public business matters aswere identified inthe motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
ACTION NO.
ITEM NO. ~ I
AT A REGULAR MEE1-ING OF THE BQARD OF SUPERViS4RS QF RQANQKE
COUNTY, VIRGINIA HELD AT 'SHE RQANQKE COUNTY ADMINISTRATIQN CENTER
MEETING DATE:
AGENDA ITEM;
SUBMITTED BY:
APPROVED BY:
October 13, 2009
Public hearing and consideration of adopting a resolution
requesting the Commonwealth Transportation Boardto restrict
through truck traffic on Route 116 Jae Valley Road}, Vinton
Magisterial District
Philip Thompson
Deputy Director of Planning
B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATGR'S CGMMENTS:
SUMMARY OF INFORMATION:
On July 14, 2009, the Board instr~~cted staff to investigate restricting through truck traffic on
Route 116 Jae Valley Road. This restriction can be for all tr~~cks or for vehicles of a
certain length. The process to restrict through truck trafific requires that the local governing
body hold a public hearing and pass a resolution formally requesting ~khe Commonweal~kh
Transportation Board to place this restriction on a given section of roadway. Once the
public hearing has been held and a resolution passed, the request is forwarded to the local
Resident Administrator, and then the District Administrator. The District Administrator will
forward the requestalong with supporting documentation to the State Mobility Management
Engineer. The State Mobility Management Engineer makes a recommendation to the
Commonwealth Transportation Board for action. The Commonwealth Transportation
Board must act upon a formal request within nine months.
There are several key criteria that VDOT considers prior to approving any proposed
restriction:
1, A reasonable alternative route is provided.
2. Characterlfrequency ofthe truck traffic on the route is not compatible with the
affected area.
3. Roadway is residential in nature.
4, Roadway must be functionally classified as either local or collector,
Page 1 of 2
Failure to satisfy both criteria one and two and either triree or four will result in the request
being denied. Local truck traffic, such as for deliveries or someone who resides on triis
route, are not affected by the designation, however, all other through truck traffic would be
required to use the selected alternative route.
The through truck traffic restriction is proposed for Route 116 (Jae Valley Road / Jubal
Early Highway) beginning at the intersection of Sunnyvale Street /Mount Pleasant
Boulevard traveling south on Route 116 (Jae Valley Road / Jubal Early Highway) and
ending at the intersection of Route 122 (Booker T. Washington Highway) with the termini to
termini distance equaling approximately 12.6 miles.
The alternate route proposed is Route 116 (Jae Valley Road) begiririing at the intersection
of Sunnyvale Street /Mount Pleasant Boulevard traveling north on Route 116 (Jae Valley
Road / Mt. Pleasant Boulevard) to Bennington Street, then traveling north on Bennington
Street which becomes 13'h Street to Route 24 (Jamison Avenue), then traveling west on
Route 24 (Jamison Avenue /Elm Avenue) to Route 220 (Roy L. Webber Expressway),
then traveling south on Route 220 (Roy L. Webber Expressway /Franklin Road / Virgil H.
Goode Highway) to Route 40 (Old Franklin Turnpike), then traveling northeast on Route 40
(Old Franklin Turnpike) to Route 122 (BookerT. Washington Highway), then traveling north
on Route 122 (Booker T. Washington Highway) and ending at the intersection of Route
116 (Juba) Early Highway) with the terrnini to termini distance equaling approximately 35.2
miles.
FISCAL IMPACT:
None
ALTERNATIVES:
1. Adopt a resolution restricting through truck traffic on Route 116 (Jae Valley Road).
2. Adopt a resolution restricting through vehicle traffic of a certain length on Route 116
(Jae Valley Road).
3. Take no action at this time.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative #2.
Page 2 of 2
ATA REGULAR MEETING GF THE BGARD GF SUPERVISORS GF RGANGKE
COUNTY, VIRGINIA, HELD AT THE RGANGKE COUNTY ADMINISTRATIGN
CENTER ON TUESDAY, OCTOBER 13, 2609
RESOLUTION REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD TO RESTRICT THROUGH TRUCK
TRAFFIC ON ROUTE 116 (JAE VALLEY ROAD / JUBAL EARLY
HIGHWAY), VINTON MAGISTERIAL DISTRICT
WHEREAS, the Raanake County Board of Supervisors and the Franklin County
Board of Supervisors have studied the possibility of placing a through truck restriction
on Route 116 (Jae Valley Road / Jubal Early Highway), and
WHEREAS, the through truck traffic restriction is proposed for Raute 116 Jae
Valley Road / Jubal Early Highway) beginning at the intersection of Sunnyvale Street /
Mount Pleasant Boulevard traveling south on Route 116 (Jae Valley Road / Jubal Early
Highway) and ending at the intersection of Route 122 (Booker T. Washington Highway)
with the termini to termini distance equaling approximately 12.6 miles, and
WHEREAS, the alternate route proposed is Route 116 (Jae Valley Road)
beginning at the intersectian of Sunnyvale Street I Mo~~nt Pleasant Boulevard traveling
north on Route 116 (Jae Valley Road / Mt. Pleasant Boulevard) to Bennington Street,
then traveling north on Bennington Street which becomes 13t" Street to Route 24
(Jamison Avenue), then traveling west on Route 24 (Jamison Avenue /Elm Avenue) to
Route 220 (Roy L. Webber Expressway), then traveling south on Route 220 (Roy L.
Webber Expressway /Franklin Road / Virgil H. Goode Highway) to Route 40 (Old
Franklin Turnpike), then traveling northeast on Route 40 (Old Franklin Turnpike) to
Route 122 (Booker T. Washington Highway), then traveling north on Route 122 (Booker
T. Washington Highway} and ending at the intersectian of Route 116 ~Jubal Early
Highway} with the termini to termini distance equaling approximately 34.7 miles, and
Page 1 of Z
WHEREAS, the alternate route has been found to be reasonable, and
WHEREAS, a public hearing has been held according to Section 46.2-509 of the
Code of Virginia, 1950, as amended.
NSW, "rHEREF4RE BE IT RESOLVED, that the Roanoke County Board of
Supervisors requests the Commonwealth Transportation Board to restrict through truck
traffic on Route 116 (Jae Valley Road / Jubal Early Highway) beginning at the
intersection of Sunnyvale Street I Mount Pleasant Boulevard traveling south on Route
116 (Jae Valley Road / Jubal Early Highway) and ending at the intersection of Route
122 (Booker T. Washington Highway) with the termini to termini distance equaling
approximately 12.6 n~iiles, and
BE IT FURTHER RESOLVED that Roanoke County will use its offices for
enforcement on the proposed restriction in Roanoke County.
Page 2 of 2
ATA REGULAR MEETING QFTHE BQARD QF SUPERVISQRS QF RQANQKE
CQUNTY, VIRGINIA, HELD AT THE RQANQKE CQUNTY ADMINISTRATIQN
CENTER QN TUESDAY, QCTQBER 13, 2009
RESOLUTION REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD TO RESTRICT THROUGH VEHICLES IN
EXCESS OF FEET ON ROUTE 116 (JAE VALLEY ROAD /
JUBAL EARLY HIGHWAY), VINTON MAGISTERIAL DISTRICT
WHEREAS, the Roanoke County Board of Supervisors and the Franklin County
Board of Supervisors have studied the possibility of placing a through vehicle restrictian
in excess of feet on Route 116 Jae Valley Road I Jubal Early Highway}, and
WHEREAS, the through vehicle restriction in excess of feet is proposed
for Route 116 (Jae Valley Road / Jubal Early Highway) beginning at the intersection of
Sunnyvale Street /Mount Pleasant Boulevard traveling south on Route 116 (Jae Valley
Road / Jubal Early Highway) and ending at the intersection of Route 122 (Booker T.
Washington Highway) with the termini to termini distance equaling approximately 12.6
miles, and
WHEREAS, the alternate route proposed is Route 116 (Jae Valley Road)
begir~r~ing at the intersection of Sunnyvale Street I Mount Pleasant Boulevard traveling
north on Route 116 (Jae Valley Road / Mt. Pleasant Boulevard) to Beririington Street,
then traveling north on Bennington Street which becomes 13t~ Street to Route 24
(Jamison Avenue), then traveling west on Route 24 (Jamison Avenue /Elm Avenue) to
Route 220 (Roy L. Webber Expressway), then traveling south on Route 220 (Roy L.
Webber Expressway /Franklin Road / Virgil H. Goode Highway) to Route 40 (Old
Franklin Turnpike), then traveling northeast on Route 40 (Old Franklin Turnpike) to
Route 122 (Booker T. Washington Highway), then traveling north on Route 122 (Booker
Page 1 of 2
T. Washington Highway) and ending at the intersection of Route 116 (Juba) Early
Highway} with the termini to termini distance equaling approximately 34.1 miles, and
VvHEREAS, the alternate route has been found to be reasonable, and
vvHEREAS, a public hearing has been held according to Section 46.2-869 of the
Code of Virginia, 1956, as amended.
N~VII, THEREFaRE BE IT RESaLVED, that the Roanoke County Board of
Supervisors requests the Commonwealth Transportation Board to restrict through
vehicles in excess of feet on Route 116 (Jae Valley Road / Jubal Early Highway)
beginning at the intersection of Sunnyvale Street I Mount Pleasant Boulevard traveling
south on Route 116 (Jae Valley Road / Jubal Early Highway) and ending at the
intersection of Route 122 (Booker T. Washington Highway) with the termini to termini
distance equaling approximately 12.6 miles, and
BE IT FURTHER RESOLVED that Roanoke County will use its offices for
enforcement on the proposed restriction in Roanoke County.
Page 2 of 2