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HomeMy WebLinkAbout10/28/2014 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2014 RESOLUTION 102814-1 GRANTING AN "UNDUE HARDSHIP 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" AT THE REQUEST OF TURNER LONG CONSTRUCTION FOR THE FRIENDSHIP HEALTH & REHAB CENTER SOUTH PROJECT, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Turner Long Construction, the contractors for the Friendship Health & Rehab South Center Project development has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. "Undue hardship waiver" to permit concrete construction to be performed beginning on October 31, 2014, and ending April 30, 2015; 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 II. 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; and WHEREAS, this item was originally presented to the Board of Supervisors on October 14, 2014, and upon request of the Applicant it was postponed until October 28, 2014, in order to hold a community meeting. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: In making its determination as to whether to grant the requested waiver to Page 1 of 5 Turner Long Construction from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning at approximately 5:00 a.m. on Friday, October 31, 2014, and ending 10:00 p.m. on Thursday, April 30, 2015. b. Whether the noise is intermittent or continuous: The noise produced during the placement of concrete will be intermittent and occur only on the days that a large concrete placement is scheduled. The noise would be limited to equipment onsite and concrete truck traffic to and from the construction site. C. The extensiveness of the noise: The noise level is expected to be low to moderate during this operation with little to no need for any extensive noise levels. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: The extension of normal working hours to begin at 5:00 a.m. would allow the placement of concrete to begin earlier during the day of the scheduled activity. After the placement of the concrete, additional time is required for the concrete to begin the drying and finishing of the concrete surface. This time frame will take longer during cold weather conditions that Turner Long Construction will be faced with during construction. This longer time frame will cause the construction workers to be faced with working beyond the 10:00 p.m. time frame of allowable working hours. Page 2 of 5 This longer time frame would expose construction workers to fatigue and unsafe working conditions. The variance is requested to allow early start of working hours only for the days scheduled to have major concrete slab placements for the project and be limited to a total of seven (7) specific days as such activities may be scheduled. It is anticipated that these major concrete slab placements will occur as conditions and weather may allow in approximately three (3) week intervals between these activities. e. 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: Being allowed to start work at earlier in the morning would prevent working into the nighttime hours and result in less annoyance to the community. f. 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 concrete work is necessary and incidental to fulfilling the conditions of the rezoning and special use permit approved by the Board of Supervisors for the Friendship Health & Rehab Center South Project on January 22, 2013. 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 operation of equipment for concrete construction under subsection (1) of Sec. 13-21. "Specific acts as noise disturbance" or under Page 3 of 5 the provision of Sec. 13-20. "General prohibition" would produce serious economic hardship for Turner Long Construction without producing any substantial benefit to the public. 3. That the provisions of Sec. 13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition of Article II. Noise of Chapter 13. Offenses- Miscellaneous ffenses- Miscellaneous be WAIVED for a period from October 31, 2014, until April 30, 1841181 4. This Waiver is granted specifically to Turner Long Construction, its officers, employees and agents for concrete construction work and related activities for the Friendship Health & Rehab Center South Project in Roanoke County, Virginia. 5. That Turner Long Construction shall notify the adjacent property owners at least three (3) days in advance of the seven (7) specific days scheduled for major concrete slab placement activities. 6. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 7. That this resolution shall be in full force and effect from its passage. Page 4 of 5 On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Peters, McNamara NAYS: Supervisors Bedrosian, Church Deputy Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2014 ORDINANCE 102814-2 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $17,685 TO FIRE AND RESCUE FOR A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE PURCHASE OF AUTOMATIC FIRE SUPPRESSION DEVICES FOR INDEPENDENT LIVING APARTMENTS WHEREAS, Roanoke County has been awarded a five percent (5%) matching grant from the Federal Emergency Management Agency (FEMA) in the amount of $17,685; and WHEREAS, FEMA will provide funding in the amount $16,801 and the Fire and Rescue Department will receive contributions from Friendship Retirement in the amount of $350 and Richfield Living Community in the amount of $534 to provide the funding match in the amount of $884; and WHEREAS, the purpose of these funds is to purchase automatic fire suppression devices for independent living apartments; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on October 14, 2014, and the second reading was held on October 28, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the sum of $16,801 is hereby accepted and appropriated from FEMA and that these funds are appropriated to the Fire and Rescue Department; and Page 1 of 2 2. That the sum of $884 for the grant match should be accepted and appropriated from contributions from Friendship Retirement in the amount of $350 and Richfield Living Community in the amount of $534 and that these funds are appropriated to the Fire and Rescue Department; and 3. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Peters to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A JCQPY TESTE: Deborah C. Jacks' Deputy Clerk to the 136ard of Supervisors cc: Richard E. Burch, Jr., Chief of Fire and Rescue W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A -102814-3.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2014 AGENDA ITEM: Request to accept and allocate funds in the amount of $297 from the Department of Justice, Bureau of Justice Assistance to the Sheriff's Office for fiscal year 2014 State Criminal Alien Assistance Program (SCAAP) award SUBMITTED BY: Michael G. Winston Sheriff APPROVED BY: Daniel R. O'Donnell Interim County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Sheriff's Office has been awarded a SCAAP grant for $297.00 from the Department of Justice, Bureau of Justice Assistance. Per the grant guidelines, this award provides payments to localities that incur salary costs of correctional officers who incarcerate undocumented criminal aliens who meet specific criteria. This award will assist in paying for the staffing of the Sheriff's Office weekender program. FISCAL IMPACT: This grant does not require any matching funds. Ordinance #052714-4 appropriated grant funds for grants that are routine and usual in nature for the 2014-15 fiscal year. Funds in the amount of $297 will need to be allocated from the grant account to the State Criminal Alien Assistance Program (SCAAP) for 2014. ALTERNATIVES: 1. Accept and allocate funds in the amount of $297 from the Department of Justice, Bureau of Justice Assistance to the Sheriff's Office for fiscal year 2014 State Criminal Alien Assistance Program (SCAAP) award. Page 1 of 2 2. Do not accept the grant. STAFF RECOMMENDATION: Staff recommends alternative 1. VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Sheriff Michael G. Winston W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Sheriff Michael G. Winston W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A -102814-3.b ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 2014 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Appointment of Acting Building Commissioner Tarek Moneir Deputy Director of Development Services Daniel R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: County Interim Building Commissioner, Robert Andy Morris, will be leaving the County effective October 31, 2014. Morris has tendered his resignation to accept the position of Building Official for Franklin County effective October 31, 2014. The Virginia Uniform Statewide Building Code requires that every local building department have a building official and that the building official must be appointed by the local governing body. The Virginia Construction Code (Part 1) requires all acting or permanently appointed officials to certify within twelve (12) months of appointment. Robert "Morgan" Yates, Combination Building Inspector, is provisionally qualified to immediately assume the position as Acting Building Commissioner. He has attained multiple certificates towards becoming Building Official in accordance with the Virginia Department of Housing and Community Development (DHCD). Further, he has provided excellent service to the County since June 2002 serving as building inspector. Our plan moving forward is to advertise for this position to find a permanent replacement immediately. RECOMMENDATION: Appoint Robert "Morgan" Yates as Acting Building Commissioner for Roanoke County effective November 1, 2014, until a replacement is found. Page 1 of 2 VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Tarek Moneir, Deputy Director of Development Services Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Tarek Moneir, Deputy Director of Development Services Page 2 of 2 ACTION NO. A -102814-3.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: October 28, 2014 Confirmation of appointment to the Library Board (appointed by District) Deborah C. Jacks Deputy Clerk to the Board Daniel R. O'Donnell Interim County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Library Board (appointed by District): Supervisor Charlotte Moore has recommended the reappointment of James O. Nelson to serve the Cave Spring Magisterial District for an additional four (4) year term, which will expire on December 31, 2018. VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. Cc: Diana Rosapepe, Director of Library Services Page 1 of 1 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ Cc: Diana Rosapepe, Director of Library Services Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2014 RESOLUTION 102814-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- 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 October 28, 2014, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes — September 9, 2014 2. Request to accept and allocate funds in the amount of $297 from the Department of Justice, Bureau of Justice Assistance to the Sheriff's Office for fiscal year 2014 State Criminal Alien Assistance Program (SCAAP) award 3. Appointment of Interim Building Commissioner 4. Confirmation of appointment to the Library Board (appointed by District) 5. Resolution petitioning the Circuit Court for a Writ of Election to fill the vacancy in the Constitutional Office of the Sheriff 6Request fer Anna}inn of a surplus yeh�te the Western Virginia EMS Gel innil rccq-a-carrvrzrv-r-ru rrc,rn--vrcr� v-a�.rc EMS ur-rcrr (This item was removed from the Consent Agenda for separate consideration. 7. Request for donation of a surplus vehicle to the Western Virginia Water Authority Page 1 of 2 On motion of Supervisor McNamara to adopt the resolution, with the exception of Item J-6 and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A CO ESTE: Deborah C. Jacks Deputy Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, OCTOBER 28, 2014 RESOLUTION 102814-3.d REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ORDER AN ELECTION ON FILLING THE VACANCY IN THE CONSTITUTIONAL OFFICE OF THE SHERIFF WHEREAS, Section 24.2-228.1 of the Code of Virginia, 1950, as amended, provides that a vacancy in any elected constitutional office shall be filled by a special election; and WHEREAS, Michael G. Winston has submitted his resignation from the office of the Sheriff for Roanoke County, effective October 31, 2014; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board of Supervisors of Roanoke County proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the constitutional office of the Sheriff; and WHEREAS, Section 24.2-682 of the Code of Virginia, 1950, as amended, provides that a special election to fill the office of any constitutional office shall be held promptly; and WHEREAS, the Board hereby finds that due to the costs of a special election, and that since the next general election for this office is scheduled for November 3, 2015, it would be just and proper to schedule this special election for November 3, 1841116'1 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to Page 1 of 2 order an election on November 3, 2015, on the filling of the vacancy in the constitutional office of the Sheriff. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Secretary of the Electoral Board of Roanoke County, Virginia, shall publish a notice of such election in a newspaper of general circulation in the County once at least ten (10) days prior to such election. 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A COP TESTE: Deborah C. Jacks Deputy Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Page 2 of 2 ACTION NO. A -102814-3.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: October 28, 2014 Request for donation of surplus vehicle to the Western Virginia EMS Council Anne Marie Green Director of General Services Daniel R. O'Donnell Interim County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: From time to time, other local governmental/not for profit agencies have requested donation of surplus vehicles from Roanoke County, and the County has generally honored these requests. The Western Virginia EMS Council is a 501(c)(3) non-profit organization, which has served the Roanoke Valley since 1975 and is an integral part of Virginia's comprehensive EMS system. It serves to assess, identify, coordinate, plan and implement efficient and effective regional EMS delivery systems in partnership with Virginia's Office of Emergency Medical Services and EMS Advisory Board. The Council uses the Roanoke County Fleet Service Center to repair its vehicles, and is requesting that the County donate a surplus Ford Crown Victoria for its use. It is anticipated that the vehicle will be used for agency staff during the course of daily operations, such as meetings, EMS training programs, drills, exercises, etc., saving the agency the cost of staff using personal vehicles. The vehicle will be returned to Roanoke County for sale at surplus auction, with the proceeds going to the County. There is no internal need for the vehicle. FISCAL IMPACT: Due to the age and mileage of this vehicle, there is not a high resale value and that value will not be significantly impacted through the Western Virginia EMS Council's use. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board approve this request. VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Anne Marie Green, Director of General Services Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Anne Marie Green, Director of General Services Page 2 of 2 ACTION NO. A-102814-4 ITEM NO. J-7 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: October 28, 2014 Request for donation of surplus vehicle to the Western Virginia Water Authority Anne Marie Green Director of General Services Daniel R. O'Donnell Interim County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: From time to time, other local governmental agencies have requested donation of surplus vehicles from Roanoke County, and the County has generally honored these requests. The Western Virginia Water Authority has requested a donation of a Chevrolet 2003 Tahoe turned in by the Fire and Rescue Department. The vehicle has mileage of 145,920, and there is no internal County need for it. The WaterAuthority has recently experienced major mechanical failures on several vehicles, and has taken replacement vehicles out of surplus and placed them back on the road. The Authority has need for an additional vehicle and is requesting that the County donate the Tahoe, with the provision that when the Water Authority can replace it with a newer model, it will be transferred back to the County for sale at surplus auction, with the proceeds remaining with the County. The County and the Water Authority are partners in the Fleet Service Center, and have exchanged vehicles in the past in similar circumstances. FISCAL IMPACT: Due to the age and mileage of this vehicle, there is not a high resale value and that value will not be significantly impacted through the Water Authority's use. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board approve this request. VOTE: Supervisor McNamara moved to approve the staff recommendation. Motion approved. cc: Anne Marie Green, Director of General Services Page 2 of 2 Yes No Absent Ms. Moore ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Anne Marie Green, Director of General Services Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2014 RESOLUTION 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 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian A COPY TESTE: Deborah C. Jacks Deputy Clerk to the Board of Supervisors