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HomeMy WebLinkAbout3/13/2012 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 13, 2012 RESOLUTION 031312 -1 AUTHORIZING AN AGREEMENT WITH THE COUNTY OF BEDFORD, AND THE TOWN OF VINTON TO CREATE A MUTUAL AID AGREEMENT FOR EMERGENCY FIRE AND EMS SERVICES WHEREAS, Sections 27 -2, 27 -4 and 44- 146.20 of the Code of Virginia authorize mutual aid agreements for fire and emergency services by two or more political subdivisions of this Commonwealth which shall be approved by resolutions; and WHEREAS, each of the parties to the proposed Mutual Aid Agreement have previously adopted resolutions authorizing participation in the Statewide Mutual Aid Program, which program is intended to be supplemental to day -to -day mutual aid agreements between adjacent localities; and WHEREAS, the County of Bedford, Town of Vinton and the County of Roanoke desire to cooperate in the provision of Emergency Fire and Ems Services across jurisdictional lines in accordance with a local mutual aid agreement so as to increase the ability of the parties to preserve the health, safety and welfare of the citizens of each of the localities involved; and WHEREAS, this Mutual Aid Agreement has been adopted by the Board of Supervisors of the County of Bedford, Virginia, on December 12, 2011, and by the Town Council of the Town of Vinton, Virginia, on February 21, 2012; and WHEREAS, these political subdivisions have negotiated a Mutual Aid Agreement that establish a procedure requests for and provision of mutual aid, an Operation Plan, immunities, indemnifications and insurance and other necessary operational conditions including supervision and control during joint operations; and Page 1 of 2 BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the joint exercise of powers, privileges and authority with the County of Bedford, the County of Roanoke and the Town of Vinton in the establishment and maintenance of mutual aid for Emergency Fire and EMS services is hereby approved and authorized. The County Administrator is authorized to execute the Regional Agreement for Emergency Fire and EMS Services with the County of Bedford and the Town of Vinton on behalf of the County and to implement this undertaking, all upon form approved by the County Attorney. 2. That this resolution shall be effective from and after the date of its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTS: Deborah C. Jacks Clerk to the Board of VDpervisors cc: Richard E. Burch, Jr., Chief of Fire and Rescue B. Clayton Goodman 111, County Administrator Paul M. Mahoney, County Attorney Page 2 of 2 AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 13, 2012 RESOLUTION 031312 -2 GRANTING A WAIVER TO HOLLINS UNIVERSITY 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 WHEREAS, Hollins University, a private university located in north Roanoke County, will be holding an outdoor concert known as "MayFest" for the campus community and the general public on Saturday, May 5, 2012, ending at 11:00 p.m. on the grounds of the University; and WHEREAS, in order to accommodate the advertised time frame and to mitigate economic hardship by enhancing students' sense of connectedness with Hollins and the Roanoke Valley through social interaction that supports recruiting and retaining students that in turn affects the economic vitality of the University and Roanoke County with this event, Hollins University is requesting a waiver of the County noise ordinance for one hour from 10:00 P.M. till 11:00 P.M., on Saturday, May 5, 2012; 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 to avoid undue hardship upon consideration of certain factors set forth in sub - section (b) of Section 13 -23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the provisions of Section 13-21. Specific acts as noise, sub - section (5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED for a period of one (1) hour until 11:00 P.M. on Saturday, May 5, 2012. 2. That this Waiver is granted specifically to Hollins University for the event scheduled at the University on Saturday, May 5, 2012. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A CoPK "fESTE: Deborah C. Jacks ' Clerk to the Board of upervisors cc: Paul M. Mahoney, County Attorney Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 13, 2012 ORDINANCE 031312 -3 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE AGREEMENT AMONG THE COUNTYOF ROANOKE, THE CITY OF ROANOKE AND THE TOWN OF VINTON WHEREAS, the County of Roanoke, the City of Roanoke and the Town of Vinton previously entered into a Roanoke Valley Regional Cable Television Committee (RVRCTV) Agreement dated June 9, 1992, that authorized the Committee to provide for the development, administration and operation of cable television governmental, educational and institutional facilities and programming on behalf of the three participating jurisdictions; and WHEREAS, the three named jurisdictions have enacted Cable Television Franchise Ordinances effective October 31, 2003, and entered into Cable Television Franchise Agreements, pursuant to those ordinances, with CoxCom, Inc., d /b /a Cox Communications Roanoke, effective November 1, 2003; and WHEREAS, by Ordinance No. 030904 -3, the County, acting in concert with the City and the Town, adopted Amendment No. 1, dated March 10, 2004, to the RVRCTV Agreement in order to continue the Agreement and the operation of the Committee during the term of the New Franchise Agreement; and WHEREAS, the Roanoke Valley Regional Cable Television Committee has adopted a resolution requesting that the RVRCTV Agreement be modified to provide more specific notice requirements and other conditions for the withdrawal and /or termination of the Agreement and other modifications to the current Agreement, as Page 1 of 3 amended; and WHEREAS, the first reading of this ordinance was held on February 28, 2012; and the second reading was held on March 13, 2012. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the substance of the terms of Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement attached to the Board Report for this ordinance is hereby approved and adopted. 2. The Roanoke County Administrator and the Clerk to the Board of Supervisors are hereby authorized, for and on behalf of the County, to execute and attest, respectively, Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement in a form substantially similar to the one attached to the above mentioned Board Report and as shall be approved by the County Attorney. 3. The County Administrator is further authorized to take such further action and execute such additional documents as may be necessary to implement and administer such Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement and the underlying Agreement itself. 4. That this ordinance shall be effective from and after the date of its adoption. Page 2of3 On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board upervisors cc: Paul M. Mahoney, County Attorney Elaine Bays - Murphy, Director of Cable Access, RVTV City of Roanoke "Fown of Vinton Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 13, 2012 ORDINANCE 031312 -4 AUTHORIZING AND APPROVING EXECUTION OF LEASE WITH STELLARONE BANK FOR 5190 SQUARE FEET OF SPACE IN THE SOCIAL SERVICES BUILDING AT 220 EAST MAIN STREET, SALEM, VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several parcels of land, containing 0.68 acre, located at 220 East Main Street in the City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106- 13 -6 #106 -13 -2, and #106 -13 -1, and formerly referred to as the Salem Bank and Trust Building; and WHEREAS, said property was purchased on May 15, 2001, subject to leases with the County of Roanoke to provide office space for the Department of Social Services (DSS) and Blue Ridge Behavioral Health Care on the third, fourth and fifth floors of the building, and subject to a number of commercial leases for the first and second floors of the building and the rooftop for antenna space; and WHEREAS, the County leased the property to the Roanoke County Industrial Development Authority, now Roanoke County Economic Development Authority (EDA), for the issuance of bonds to finance the purchase, and the property was leased back to the County for operation of the premises and generation of the revenue, through the existing leases, for payment of the debt service on the bonds; and WHEREAS the first floor space in the Social Services Building was originally leased to Salem Bank and Trust, N.A., for an initial term of ten (10) years by lease dated March 12, 1997, and subsequently extended for an additional five (5) year lease term, which term expired on February 29, 2012; and Page 1 of 3 WHEREAS, StellarOne Bank, the successor in interest to Salem Bank and Trust, N.A. and First National Bank, has agreed to lease these premises for a one (1) year term with the right to renew for up to four (4) additional one (1) year terms and with such other lease terms as are acceptable to Roanoke County; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on February 28, 2012; and the second reading was held on March 13, 2012. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of approximately 5190 square feet of retail space on the First Floor, at the Department of Social Services Building, formerly Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia, to StellarOne Bank for an initial lease term of eleven (11) months from April 1, 2012 until February 28, 2013, at an initial, annual rental of $99,855.60, payable monthly in the amount of $8,321.30, for retail banking space, with an option to renew for four (4) additional one (1) year terms with an annual rental increase of three point five percent (3.5 %), is hereby authorized and approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. Page 2of3 3. That the funds generated by this lease shall be placed in the Salem Bank and Trust Building revenue account. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Aitizer, church, Elswick, Flora NAYS: None Clerk to the Board cc: Daniel R. O'Donnell, Assistant county Administrator Anne Marie Green, Director of General Services Rebecca Owens, Director of Finance Paul M. Mahoney, county Attorney Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 13, 2012 ORDINANCE 031312 -5 REZONING 12.723 ACRES FROM LOW DENSITY RESIDENTIAL DISTRICT (R -1) TO AGRICULTURAL /RESIDENTIAL DISTRICT (AR) LOCATED NEAR THE 7500 BLOCK OF MOUNT CHESTNUT ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO. 85.04- 01 -11), UPON THE APPLICATION OF ROBERT W. BLANK AND ANNA R. FERRO WHEREAS, the first reading of this ordinance was held on February 14, 2012, and the second reading and public hearing were held February 28, 2012; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2012; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 12.723 acres, as described herein, and located near the 7500 block of Mount Chestnut Road (Tax Map No. 85.04 -1 -11) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of Low Density Residential District (R -1) to Agricultural /Residential District (AR). 2. That this action is taken upon the application of Robert W. Blank and Anna R. Ferro. 3. That the owner of the property has voluntarily proffered in writing the following conditions, which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) No pigs shall be kept on the property. (2) No more than two (2) farm animals shall be kept on the property. Page 1 of 2 (3) All animal waste shall be managed in a proper manner so as to not create a nuisance or health hazard to adjoining or nearby property owners. 4. That said real estate is more fully described as follows: Being 12.723 acres of real estate located near the 7500 block of Mount Chestnut Road and further described as Tax Map No. 85.04- 01 -11. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Elswick to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPYlTESTE: Deborah C. Jacks Clerk to the Board of S /pDervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development Billy Driver, director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 2 of 2 ACTION NO. A- 031312 -6.a ITEM NO. H -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: March 13, 2012 Request to accept and appropriate funds in the amount of $8,000 from the Virginia Office of Emergency Medical Services fifty percent (50 %) matching grant (WV- C06/12 -11) for the purchase of ALS Laerdal Suction Units Richard E. Burch, Jr. Chief of Fire and Rescue B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a fifty percent (50 %) matching grant #WV- C06/12 -11 totaling $8,000 for eighteen (18) Laerdal Suction Units for use on ALS ambulances throughout the County. The Virginia Department of Health will fund fifty percent (50 %) of the purchase amount which equates to $4,000. The remaining $4,000 will be funded by Fire and Rescue's existing budget in 487100 -6040. The purchase of these new models will provide replacement units for use in EMS situations where airway compromise is a life threatening complication. In addition these new units provide safety to our responders by using a feature that reduces exposure to potentially infectious fluids. FISCAL IMPACT: The total amount of the purchase is $8,000 and the department has already budgeted for the match of $4,000 out of the existing 487100 -6040 budget. Page 1 of 2 ALTERNATIVES: Without the acceptance and appropriation of this grant the department will not be able to purchase the equipment. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grant funds in the amount of $4,000 and matching funds in the amount of $4,000 into the Fire and Rescue Department's budget. The total amount of the equipment purchase is $8,000. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora z El El cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 13, 2012 RESOLUTION 031312 -6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of - the Board of Supervisors for March 13, 2012, designated as Item H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 Inclusive, as follows: 1. Approval of minutes — February 1, 2012 lw ' -W INN w 7 w W w 3. Request to accept and appropriate funds in the amount of $8,000 from the Virginia Office of Emergency Medical Services fifty percent (50 %) matching grant (WV- C06/12 -11) for the purchase of ALS Laerdal Suction Units On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COp.YIf ESTE: Deborah C. Jacks f Clerk to the Board of S gervisors Pagel oft ACTION NO. A- 031312 -7 ITEM NO. H -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 13, 2012 AGENDA ITEM: Request to accept and appropriate funds in the amount of $130,000 to the Fire and Rescue Department for grant #WV- 006/12 -11 from the Virginia Department of Health SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grant: The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a fifty percent (50 %) matching grant #WV- C06/12 -11 totaling $130,000 for a four- wheel drive ambulance. The Virginia Department of Health will fund fifty percent (50 %) of the ambulance amount which equates to $65,000. The remaining $65,000 will be funded by Fire and Rescue's existing budget in 487100 -8502. The grant ambulance will be assigned to Station 3 (Cave Spring). FISCAL IMPACT: The Roanoke County Fire and Rescue Department has budgeted $65,000 from 487100- 8502 for the fifty percent (50 %) match that the State requires for the grant to purchase the Ambulance. Page 1 of 2 ALTERNATIVES: The department will not be able to purchase the new ambulance without the matching funds from the State. (Grant #WV- C06/12 -11) STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grant funds in the amount of $65,000 and matching funds in the amount of $65,000 into the Fire and Rescue Department's budget. The total amount of the ambulance purchase is $130,000. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora z El El cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINIs rRA "riON CENTER ON TUESDAY, MARCH 13, 2012 RESOLUTION 031312 -8 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business natters 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COIN /TESTE: Deborah C. Jacks' Clerk to the Board o Supervisors Page 1 of 1