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Home My WebLink About5/9/2006 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 9, 2006 RESOLUTION 050906-1 GRANTING A WAIVER UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13: OFFENSES - MISCELLANEOUS OF THE ROANOKE COUNTY CODE WHEREAS, T. E. Ibberson Company, the general contractors forthe construction of a new flour mill for Mennel Milling on Benois Road in Roanoke County, has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver. to permit construction activity related to pouring concrete for the new mill tower and annex beginning on June 12, 2006 and ending June 25, 2006; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article 11. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13- 23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to the T. E. Ibberson Company from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning not earlier than 1:00 a.m. on a Monday, June 12, 2006, for not more than fourteen (14) days and ending not later than 11:00 p.m. on June 25, 2006; b. Whether the noise is intermittent or continuous: The noise produced during the process of the monolithic concrete slip form operation is a 24-hour continuous process of placing rebar and pouring concrete into forms and jacking the forms as the concrete sets until the proper elevation has been reached. This must be a continuous process to avoid cold joints and to avoid compromising the structural design of the buildings. C. The extensiveness of the noise: Although, the noise will be extensive, these structures are designed to be constructed with a monolithic slip form pour. Mennel does not have any other option to build these structures. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: There are no practical ways to construct these two structures other than the proposed 24-hour continuous process known as the monolithic concrete slip form operation; d. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: The concrete delivery trucks will use the Benois Road entrance, delivering concrete to the site, night and day, throughout the duration of the slip form operations. This will average one concrete truck every 20 minutes. There will also be one concrete pump truck placing the concrete and a crane for lifting materials to the slip deck. e. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this 2 phase of construction of the Mennel Mill facility is normal and expected for this type of operation. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for T. E. Ibberson Company without producing any substantial benefit to the public either living in the area of this construction or generally. 3. That the provisions of See. 13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES - MISCELLANEOUS be WAIVED for a period of fourteen (14) days from June 12, 2006 until June 25, 2006. 4. This Waiver is granted specifically to T. E. Ibberson Company, its officers, employees and agents for construction related activities at the Mennel Mill site located on Benois Road in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 9 .A A COPY TESTE: Atho ) , � . Ndlev� Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Jill Loope, Assistant Director, Economic Development Doug Chittum, Director, Economic Development Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Ray Lavinder, Chief of Police 51 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 9, 2006 RESOLUTION 050906-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for May 9, 2006, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated as Item 1, as follows: 1. Confirmation of appointment to Total Action Against Poverty (TAP) Board of Directors 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None cc: File A COPY TESTE: h'410 ) � � , 4j��Jud Diane S. Childers, CMC Clerk to the Board of Supervisors 0 ACTION NO. A -050906-2.a ITEM NO. 1-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 9, 2006 AGENDA ITEM: Confirmation of appointment to the Total Action Against Poverty (TAP) Board of Directors SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Total Action Against Poverty (TAP) Board of Directors At the request of Supervisor Flora at the April 25 meeting, Ms. Elizabeth W. Stokes has been contacted and she has indicated that she is willing to serve an additional two-year term. This term will expire on May 5, 2008, and confirmation of this appointment has been placed on the consent agenda. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Total Action Against Poverty (TAP) Board of Directors File Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Total Action Against Poverty (TAP) Board of Directors File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 9, 2006 RESOLUTION 050906-3 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: - LL ) �� - !&'� Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File