HomeMy WebLinkAbout10/28/2014 - Regular
Roanoke County
Board of Supervisors
October 28, 2014
NOTE:There will not be a7:00 p.m. evening session as no public
hearings are scheduled.
INVOCATION:Pastor Ray Harless
Light of Salvation
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
“Any invocation that may be offered before the official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
the Board.”
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Roanoke County
Board of Supervisors
Agenda
October 28,2014
Good afternoon and welcome to our meeting for October 28, 2014.Regular meetings
are held on the second and 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 schedulewill 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. Board of
Supervisors meetings can also be viewed online through Roanoke County’s website at
www.RoanokeCountyVA.gov.Our meetings are closed-captioned, so it is important for
everyone to 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. Please turn all cell phones off or place on silent.
A.OPENING CEREMONIES (3:00 p.m.)
1.Roll Call
B.REQUESTS TO POSTPONE, ADD TOOR CHANGE THE ORDER OF
AGENDA ITEMS
C.PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1.Proclamation recognizing November 2014 as National Adoption Month and
November 22, 2014, as National Adoption Day in the County of Roanoke
(Joyce Earl, Director of Social Services)
D.BRIEFINGS
E.NEW BUSINESS
1.Resolution 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 (Paul M. Mahoney, County Attorney)
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2.Request to dispose of surplus items from the former William Byrd
Junior/Senior High School to the public (Daniel R. O’Donnell, Interim County
Administrator)
F.REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING
ORDINANCE-CONSENT AGENDA:Approval of these items does not indicate
support for, or judge the merits of, the requested zoning actions but satisfies
procedural requirements and schedules the Public Hearings which will be held
afterrecommendation by the Planning Commission
1.The petition ofBonsack Baptist Church Trustees and Union First Market
Bank to rezone approximately 4.64 acres to remove proffered conditions from
property zoned C-1CS, Low Intensity Commercial, District with conditions
and special use permit and C-1C, Low intensity Commercial, District with
conditions to construct additional parking for religious assembly use located
near the 5000 block of Cloverdale Road, Hollins Magisterial District
2.The petition of IYS XXII, LC to rezone approximately 8.46 acres from I-1S,
Low Intensity Industrial, District with special use permit to C-2S, High
Intensity Commercial, District with special use permit for the operation of a
halfway house, located at 5673 Airport Road, Hollins Magisterial District
G.FIRST READING OF ORDINANCES
1.Ordinance accepting and appropriating a contribution in the amount of $5,455
from the Town of Vinton to Fire and Rescue OCA 487700 for the Town of
Vinton’s four percent (4%) share of funding to complete agreed upon capital
projects totaling $136,364 at the Roanoke Valley Regional Fire/EMS Training
Center (Richard E. Burch, Jr., Chief of Fire and Rescue)
2.Ordinance authorizing the granting of an electric utility easement to
Appalachian Power (AEP) on property owned by the Roanoke County Board
of Supervisors (Tax Map No. 060.16-08-02) for the purpose of an
underground electric power line to the Vinton Library at 300 South Pollard
Street, Vinton Magisterial District(Paul M. Mahoney, County Attorney)
3.Ordinance granting an easement across Roanoke County property identified
as Tax Map Parcel #38.07-2-56 to James E. Lewis, Hollins Magisterial District
(Paul M. Mahoney, County Attorney)
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H.SECOND READING OF ORDINANCES
1.Ordinance 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 (Richard E. Burch, Jr., Chief of Fire and
Rescue)
I.APPOINTMENTS
1.Capital Improvement Program (CIP) Review Committee (appointed by
District)
2.Economic Development Authority (appointed by District)
3.Library Board (appointed by District)
4.Parks, Recreation and Tourism Advisory Commission (appointed by District)
J. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDAARE 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
AGENDA AND WILL BE CONSIDERED SEPARATELY
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 InterimBuilding 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
6.Request for donation of a surplus vehicle to the Western Virginia EMS
Council
7.Request for donation of a surplusvehicle to the Western VirginiaWater
Authority
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K.CITIZENS’ COMMENTS AND COMMUNICATIONS
L.REPORTS
1.General Fund Unappropriated Balance
2.Capital Reserves
3.Reserve for Board Contingency
4.Outstanding Debt
5.Comparative Statement of Budgeted and Actual Revenues as of September
30, 2014
6.C
omparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of September 30, 2014
7.Accounts Paid – September 30, 2014
8.Quarterly Report of 2015 fiscal year – Community Development Activities
9.Treasurer’s Statement of Accountability per Investment and Portfolio Policy
as of September 30, 2014
M.R
EPORTS AND INQUIRIES OF BOARD MEMBERS
1.Joseph B. “Butch” Church
2.P. Jason Peters
3.CharlotteA. Moore
4.Al Bedrosian
5.Joseph P. McNamara
N.WORK SESSIONS
1.Work session to discuss Roanoke County’s Legislative Program and
preparation for the 2015 session of the Virginia General Assembly(Paul M.
Mahoney, County Attorney)
2.W
ork session to discuss expediting completion of renovations to the Social
Services Building (Daniel R. O’Donnell, Interim County Administrator)
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3.Work Session to discuss an ordinance amending the Roanoke County Code
Chapter 13. “Offenses – Miscellaneous”, Article I. “In General”, Section 13-4.
“Discharge of firearms, air guns, etc., generally” by the addition of a new
section numbered 13-4.1. “Discharge of firearms near dwellings” (Paul M.
Mahoney, County Attorney)
O.CLOSED MEETING, pursuant to the Code of Virginia as follows:
1.Section 2.2.3711.A.1 Discussion or consideration ofthe employment and
appointment of specific public officers, appointeesor employees, namely the
County Administrator
2.Section 2.2.3711.A.1 namely discussion concerning an appointment to the
Building Code Board of Adjustments and Appeals (Fire Code Board of
Appeals); Court Community Corrections Alcohol Safety Action Program
(ASAP) Policy Board; Court Community Corrections Program Regional
Community Criminal Justice Board; Roanoke Valley Resource Authority (At-
Large)
P.CERTIFICATION RESOLUTION
Q.ADJOURNMENT
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C.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 GRANTING AN “UNDUE HARDSHIP WAIVER” UNDER
SECTION 13-23 OF THE ROANOKE COUNTY CODE TOTHE
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 contractorsfor the Friendship Health &
Rehab South Center Projectdevelopment has requested a waiver of the Roanoke County’s
noise ordinance as contemplated under Sec. 13-23.“Unduehardshipwaiver”to permit
concrete construction tobe performed beginning on October 15, 2014, and ending April 15,
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. Noiseof Chapter 13.Offenses - Miscellaneousto
avoid undue hardship upon consideration of certain factors set forth in subsection (b) of
Sec. 13-23 and after making certain alternativefindings; 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,
asfollows:
1.In making its determination as to whether to grant the requested waiver to
Turner Long Construction from the County’snoise ordinance, the Board of
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Supervisors has considered the following factors:
a.The time of day the noise will occur and the duration of the noise:
Beginning at approximately 3:00 a.m.on Wednesday,October_____,
2014,and ending10:00 p.m. on Wednesday,April 15, 2015.
b.Whether the noise is intermittent or continuous: The noise produced
during the placement of concrete willbe 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 isexpected 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 hoursto begin at 3:00 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 conditionsthat
Turner Long Constructionwill 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.
This longer time frame would expose construction workers to fatigue
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and unsafe working conditions.
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
andresult inless 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 concretework is necessary and incidental to
fulfilling the conditions of therezoning andspecial use permit
approved by the Board of Supervisors for the Friendship Health &
Rehab Center South Projecton January 22, 2013.
2.The Board of Supervisors makes the following finding: Compliance with the
provisions of the County’snoise ordinance concerning the specific act of noise
disturbance by operation of equipment for concreteconstructionunder subsection
(1) of Sec. 13-21. “Specific acts as noise disturbance”orunder the provision of
Sec. 13-20.“Generalprohibition”wouldproduce serious economic hardship for
Turner Long Construction withoutproducing any substantial benefit to the public.
3.That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec.
13-20. Generalprohibitionof Article II. Noise ofChapter 13. Offenses -
Miscellaneousbe WAIVED for a period from October ______, 2014 until April 15,
2015.
4.This Waiver is granted specifically to Turner Long Construction,its officers,
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employees and agents for concreteconstructionwork andrelated activities forthe
Friendship Health & Rehab Center South Project 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.
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geodata.GEO_OWNER.Parcel_Data
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Department of Community Development
Roanoke, Virginia 24018
5204 Bernard Drive
Roanoke County
(540) 772-2065
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Department of Community Development
Roanoke, Virginia 24018
5204 Bernard Drive
Roanoke County
(540) 772-2065
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(540) 772-2065
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Roanoke, Virginia 24018
5204 Bernard Drive
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(540) 772-2065
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Roanoke, Virginia 24018
5204 Bernard Drive
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(540) 772-2065
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Department of Community Development
Roanoke, Virginia 24018
5204 Bernard Drive
Roanoke County
(540) 772-2065
ALTERNATIVES:
1.Approve the ordinance accepting and appropriating the Town of Vinton’s contributionin
the amount of $5,455to Fire and Rescue OCA 487700 and proceed with the
completionof the capital projects.
2.Decline the contributionand theregional partnerswill not be able to complete the
capital projects.
STAFF RECOMMENDATION:
Staff recommends alternative 1 and recommends approval of the first reading of this
ordinance and scheduling the second reading on November 18, 2014.
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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 ACCEPTING AND APPROPRIATING A CONTRIBUTION
IN THE AMOUNT OF $5,455FROM THE TOWN OF VINTON TO FIRE
AND RESCUE OCA 487700 FOR THE TOWN OF VINTON’S 4% SHARE
OF FUNDING TO COMPLETE AGREED UPON CAPITAL PROJECTS
TOTALING $136,364AT THE ROANOKE VALLEY REGIONAL
FIRE/EMS TRAINING CENTER.
WHEREAS, the Roanoke Valley Regional Fire/EMS TrainingCenteris jointly
operated on funding contributed by Roanoke County, Roanoke City, City of Salem and
the Town of Vinton on a percentage basis; and
WHEREAS, the facility is in need of capital maintenance and equipment
replacementstotaling $136,364; and
WHEREAS,the Town of Vinton’s four percent (4%) share is $5,455; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriatedby ordinance; and
WHEREAS, first reading of this ordinance was held on October 28, 2014, and the
second reading was held on November 18, 2014.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1.That the sum of $5,455is hereby accepted and appropriated from the
Town of Vintonto the Fire and Rescue DepartmentOCA 487700; and
2.That this ordinance shall take effect from and after the date of adoption.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, OCTOBER 28,2014
ORDINANCE AUTHORIZING THE GRANTING OF ANELECTRIC UTILITY
EASEMENT TO APPALACHIAN POWER (AEP) ON PROPERTY OWNED
BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO.
060.16-08-02.00-0000) FOR THE PURPOSE OFAN UNDERGROUND
ELECTRIC POWER LINE TO THE VINTON LIBRARY AT 300 SOUTH
POLLARD STREET, VINTON MAGISTERIAL DISTRICT
WHEREAS, Appalachian Power Company (AEP)requires a permanent utility
easement forpurpose of providing electrical service to the new Vinton Branch Library from
an existing overhead electric line;and
WHEREAS, the proposed utility easement will serve the interests of the public and
is necessary for the public health, safetyand welfare of the citizens of Roanoke County.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1.That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
A first reading of this ordinance was held on October 28, 2014, and the second reading
and public hearing of this ordinance was held on November 18, 2014.
2.That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed isherebydeclared to be surplus, and is
hereby made available for other public uses by conveyance to Appalachian Power
Company fora utilityeasement.
3.That donation to Appalachian PowerCompany of a utility easement for
purposeof an underground electriclineto the new Vinton Branch Library located at 300
South Pollard Street, as shown on a plat titled “Proposed Right of Way on Property of
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Roanoke County Board of Supervisors”, prepared by Appalachian Power Company and
dated 9/30/2014, is hereby authorized and approved.
4.That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
5.That this ordinance shall be effective on and from the date of its adoption.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, OCTOBER 28,2014
ORDINANCE GRANTING A RIGHT-OF-WAY EASEMENT ACROSS
ROANOKE COUNTY PROPERTY (TAX MAP #038.07-02-56.00-0000) TO
JAMES E. LEWIS, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, James E. Lewis and Roanoke County own adjacent parcels of real
estate located off Oakland Boulevard in North Roanoke County; the Lewis property
containing approximately two point nine (2.9) acres is identified as Tax Map #038.07-02-
55.00-0000; the County property containing approximately two point six (2.6) acres is
identified as Tax Map #038.07-02-56.00-0000; and
WHEREAS, Mr. Lewis has requested that the County grant a fifty foot (50’) right-of-
way easement to him across the County property to provide access to his property; and
WHEREAS, pursuant to the County’s policy regarding the granting of easements
across County property, the value of this permanent easement is estimated to be in range
of $600 to $1050; Mr. Lewis has offered to pay $800 for this easement; and
WHEREAS, this right-of-way easement is declared to be surplus and is available for
sale to the public; and
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1.That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
A first reading of this ordinance was held on October 28, 2014, andthe second reading
and public hearing of this ordinance was held on November 18, 2014.
2.That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed isherebydeclared to be surplus, and is
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hereby made available for conveyance to James E. Lewis for a right-of-way easement.
3.That the sale of thisfifty foot (50’) right-of-way easementto James E. Lewis is
hereby authorized and approved.
4.That the County Administrator, or any AssistantCounty Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
5.That this ordinance shall be effectiveon and from the date of its adoption.
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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 ACCEPTING AND APPROPRIATINGFUNDS IN THE
AMOUNT OF $17,685TO FIRE AND RESCUEFOR A GRANTFROM
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 EmergencyManagement Agency (FEMA) in the amount of
$17,685; and
WHEREAS, FEMAwill provide funding in the amount $16,801and the Fire and
Rescue Department will receive contributions from Friendship Retirement in the amount
of $350 and Richfield Living Community in the amount of $534to 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
appropriatedby 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:
1.That the sum of $16,801is hereby accepted and appropriated from FEMA
and that these funds are appropriated to the Fire and Rescue Department;
and
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2.That the sum of $884for the grant match should be accepted and
appropriated from contributionsfrom Friendship Retirement in the amount
of $350 and Richfield Living Community in the amount of $534and 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.
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J
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 APPROVINGAND 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
6.Request for donation of a surplus vehicle to the Western Virginia EMS Council
7.Request for donation ofa surplus vehicle to the Western Virginia Water Authority
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ACTION NO. _______________
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 allocatefunds in the amount of $297
from the Department of Justice, Bureau of Justice Assistance
to the Sheriff’s Office for fiscal year 2014State 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 awardedaSCAAP 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 Officeweekenderprogram.
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 amountof $297will 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 $297from 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 1of 2
2.Do not accept the grant.
STAFF RECOMMENDATION:
Staff recommends alternative 1.
Page 2of 2
BUREAU OF JUSTICE ASSISTANCE
STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP)
UPDATED REQUIREMENTS For Fiscal Year 2014
FBI Number
The Bureau of Justice Assistance is highly encouraging SCAAP applicants to include the FBI number
for each inmate record submitted on the FY 2014 SCAAP application. The FBI number is one of several
options that will help ensure that only eligible inmates are entered into the SCAAP application, as the
FBI number is automatically assigned to each individual arrested and convicted of a felony or two
misdemeanors. Per the SCAAP Program Guidelines, eligible inmates are defined as those who have
one felony conviction or two misdemeanor convictions. In addition, the FBI number could help
decrease the number of unknown inmate records paid each year with SCAAP funds.
PART I: SCAAP Guidelines
SCAAP Overview
The Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice, administers
SCAAP, in conjunction with the U.S. Department of Homeland Security (DHS). SCAAP provides federal
payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented
criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law,
and who are incarcerated for at least 4 consecutive days during the reporting period.
SCAAP Legislative Authority
SCAAP is governed by Section 241(i) of the Immigration and Nationality Act, 8 U.S.C. § 1231(i), as amended,
and Title II, Subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322.
In general terms, if a chief executive officer of a state or a political subdivision exercises authority over the
incarceration of undocumented criminal aliens and submits a written request to the U.S. Attorney General, the
Attorney General may provide compensation to that jurisdiction for those incarceration costs. SCAAP is subject
to additional terms and conditions of yearly congressional appropriations.
Eligible Applicants
States and local units of government that have authority over correctional facilities that incarcerate or detain
undocumented criminal aliens for a minimum of 4 consecutive days are eligible to apply for SCAAP funds. States
and local units of general government include the 50 state governments, the District of Columbia, Guam, Puerto
Rico, the U.S. Virgin Islands, and the more than 3,000 counties and cities with correctional facilities.
Regional jails, special jail districts, or regional jail authorities and boards do not qualify as political subdivisions
of a state for purposes of SCAAP, and therefore are not eligible to directly apply for SCAAP funds. Each unit of
government that houses inmates at a regional facility must apply independently for SCAAP funds, based on its
own costs of housing its undocumented aliens in the regional facility. Regional facilities may not submit SCAAP
applications on behalf of jurisdictions in its service area, nor may a regional facility submit one application for all
FY 2014 SCAAP Guidelines and Application Page 1
Authorized Officials
SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP
purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile.
The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another
jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of
government.
Use of SCAAP Awards
The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following
appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a
funds must be used for correctional purposes only. Jurisdictions receiving SCAAP awards will be asked to report
the projected use of these funds at the time the award is accepted.
Minimum Period of Incarceration
Only eligible persons who were incarcerated for 4 or more consecutive days between July 1, 2012 and June 30,
2013 may be included in the FY 2014 SCAAP application.
Multi-Jurisdictional Issues
reported by the sending jurisdiction, regardless of whether the applicant received reimbursement for related
incarceration costs.
Unless otherwise covered by a cost reimbursement agreement, inmates who are ready for release once
qualifying charges or convictions are concluded, and who are temporarily held in the applicant facility on the
basis of outstanding warrants or detainers from other jurisdictions, including federal law enforcement
agencies, are SCAAP eligible. The applicant jurisdiction may claim the total number of days the inmate was
in custody, including the days the inmate was held on the detainers or outstanding warrants.
Detention or incarceration days attributable to otherwise qualifying inmates held on federal charges,
convictions, or detainers and covered by cost reimbursement agreements are not SCAAP eligible.
Juveniles adjudicated delinquent, regardless of the charges or length of custody, are not SCAAP eligible.
Only juvenile offenders who are convicted as adults and who meet the qualifying SCAAP criteria may be
eligible.
Eligible Inmates
Applicants may submit records of inmates in their custody during the reporting period who:
Were born outside the United States or one of its territories and had no reported or documented claim to
U.S. citizenship.
Were convicted of a felony or second misdemeanor for violations of state or local law.
Were identified and reported as undocumented, using due diligence.
The U.S. Department of Homeland Security will make the final determination on the status of submitted inmate
records for undocumented alien purposes. Inmates may qualify for SCAAP purposes if they were:
Persons who entered the U.S. without inspection or at any time or place other than as designated by the
Attorney General.
Persons in deportation or exclusion proceedings at the time they were taken into custody.
Non-immigrants who failed to maintain their non-immigrant status at the time they were taken into custody.
Certain Mariel Cubans who otherwise meet these requirements.
FY 2014 SCAAP Guidelines and Application Page 2
Total All Inmate Days
all
tinmates
all inmates, regardless of their status,
citizenship, disposition, or length of stay, including inmates held at contract facilities. A jurisdiction can use the
sum of all nightly, facility head counts for the 365 days in the reporting period.
EXAMPLE TOTAL DAYS
2,800
A jurisdiction detained or incarcerated 400 inmates during the current reporting cycle.
(400 inmates x 7 days)
Each inmate was held for exactly 7 days.
Criminal Charges and Convictions
To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations
days during the reporting period. All pre-trial and post conviction time served from July 1, 2012 through June 30,
2013 may be reported to BJA.
EXAMPLESREPORTABLE DAYS
An alien was convicted of a felony during the reporting period and spent 20 days in
80
pretrial detention and 60 additional days from the conviction. All 80 days occurred during
the reporting period.
An alien was convicted of a felony during the reporting period and spent 20 days in
60
pretrial detention and 60 additional days from the conviction. The 20 pretrial detention
days and 40 of the sentenced days occurred in the reporting period; the remaining 20
days were served after June 30, 2013.
An alien was convicted of a felony several years ago and is being held in pretrial
As calculated
detention on new charges. As this alien already qualifies based on the prior felony
conviction, once he meets the minimum of 4 consecutive days in custody during the
reporting period, the pretrial days may be reported to BJA, regardless of the outcome of
the pending charges.
An alien was convicted of a second misdemeanor and served 3 consecutive days as of
0
June 30, 2013, and 20 additional days after June 30, 2013. This inmate cannot be
NOTE: The first 3 days of the sentence
reported for FY 2014, but will qualify for FY 2015.
are not reportable, regardless of what occurs with this inmate in the future.
Required Inmate Data Format
The detailed inmate file
undocumented criminal aliens housed in its correctional facilities. Required inmate data elements include the A-
Number, if known; last, middle, and first names; date of birth; unique inmate number assigned by the applicant
jurisdiction; foreign country of birth; date taken into custody; date released from custody; and the Federal
Bureau of Investigation (FBI) number, if known.
For inmates with aliases or multiple periods of incarceration: Creating a separate and distinct inmate record for
each qualifying period of incarceration may include eligible inmates incarcerated more than once during the
reporting period. Similarly, inmates with known aliases may be reported by creating a separate and distinct inmate
record for each name. The same unique inmate identification numbermust be used for all records associated
with a single inmate, regardless of the name under which the inmate was incarcerated. Applications submitted
without complete facility data and inmate records will not be considered for SCAAP funding.
FY 2014 SCAAP Guidelines and Application Page 3
Country of Birth Codes
Generally, a person born in the U.S. or a U.S. territory is a U.S. citizen and should not be reported. Any submitted
inmate record that includes a country code not on the official ICE country codes list will be rejected. Any record
with an official country code that does not specifically represent a foreign country (unknown) will only be
considered in the award calculation if determined the inmate is undocumented or otherwise qualifies. If the
country provided by the inmate is not on the official ICE country codes list, a country with close geographic
proximity should be selected.
Alternatives to Traditional Incarceration
Inmates are not eligible if they served their incarceration incrementally, such as through weekend incarcerations
that enabled them to maintain employment. Qualifying periods of incarceration must occur consecutively over
the course of 4 or more days.
Parole and Probation Violators
Eligible inmates on parole or probation from qualifying convictions who are subsequently returned to the custody
of a state or local correctional facility may be eligible.
Correctional Officers
Correctional officers include employees, officers, and contractual staff whose primary responsibility is the control,
custody, or supervision of persons detained and incarcerated, including correctional officers, deputy sheriffs,
correctional/jail supervisors, shift commanders, chiefs of security, assistant wardens, and wardens.
Transportation officers and others providing control, custody, or supervision of inmates who are temporarily
outside the maintaining facility are also eligible. Employees, officers, and contractual staff whose primary
responsibility is providing noncustody services to the facility or its inmate population are not SCAAP eligible,
including office and secretarial support, administrative, housekeeping, maintenance, food, health, education,
training, vocational, counseling, and medical staff. Staff who function independently or outside the correctional
facility, including parole and probation agents, hearing officers, court commissioners, judicial, prosecutorial, and
public defenders, warrant and apprehension units, and others are not eligible.
Correctional Officer Salary Calculation
Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full- and
part-time correctional officers and others who meet the SCAAP definition. The reported sum should total the
itures for the reporting period, not an estimate or average. Correctional officer
salary costs may include premium pay for specialized service, shift differential pay, and fixed-pay increases for
time in service. It may also include overtime required by negotiated contract, statute, or regulation such as union
agreements, contractual obligations, and required post staffing minimums. Benefits should not be included in the
provided salary costs.
Per Diem Costs
Per diem cost is calculated by the SCAAP system, otal all inmate days into the otal
correctional officer salary costs3 reporting period, jurisdictions reported an average per diem
cost of $31.97. BJA may require documentation to validate per diem costs or impose limits on the costs.
SCAAP Award Calculation
Once SCAAP data has been validated and analyzed, applicants will receive e-mail notification that awards are
ready for online acceptance and drawdown. Formal acceptance of an award via GMS is necessary for the
accept awards through GMS once notice is provided.
fund.
Payment Formula
The following provides an overview of the method used to calculate SCAAP payments
FY 2014 SCAAP Guidelines and Application Page 4
1. Using financial data from applicants, a per diem rate is calculated for each jurisdiction. For FY 2013 the
average per diem rate was $31.97 per inmate.
2. Inmate data is provided to the U.S. Department of Homeland Security to validate inmate data for eligible and
invalid records.
3.
derive the total correctional officer salary costs for eligible inmate days.
4. inmate days are
totaled. This total value reflects the maximum amount for SCAAP reimbursement. A percentage factor is
used to reflect the relationship between the maximum reimbursable salary costs and the appropriation. For
19
FY 2013, this factor was approximately percent.
Variances
A variance will exist between the total salary costs reported by a jurisdiction and the final SCAAP payment
amount, due to adjustments for ineligible or invalid inmate records and the annual appropriation. Both the SCAAP
system and BJA check for variances from prior year submissions for correctional officer staffing and salary levels,
total bed count, and number of total inmate days.
PART II: Applying for FY 2014 SCAAP Funds
FY 2014 Reporting Period
The FY 2014 SCAAP reporting period is from July 1, 2012 through June 30, 2013.
FY 2014 Registration and Application Deadlines
Applications will be accepted through the online Grants Management System (GMS) beginning April 1, 2014,
and ending at 6:00 p.m. e.d.t. on May 13, 2014.
all , May 13, 2014 at 6:00 p.m. (e.d.t.)
The deadline for submitting completed SCAAP applications is.
Extensions or exceptions to this deadline cannot be granted. Because of the volume and complexities involved
in verification of all submitted inmate data and the fact that BJA transmits this file to DHS immediately after the
close of the solicitation, it is not possible for additional applicant data to be reviewed and sent to DHS after the
deadline.
GMS Application Process
The SCAAP Catalog of Federal Domestic Assistance (CFDA) number is 16.606.
For questions or concerns at any point in the GMS process, call the SCAAP Help Desk at 1202353-4411.
1. Access GMS at https://grants.ojp.usdoj.gov.
2. If you already have a GMS user ID, proceed to the GMS sign in. Even if your organization already has a user
ID, you will not be considered registered for the solicitation until you have signed on to GMS and entered the
appropriate solicitation.
3. completed all of the
which are case sensitive. Within a few days, BJA will send an e-mail confirmation to newly registered
applicants that their user ID and password have been approved and they are eligible to submit an application.
4. Beginning October 1, 2003, a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number
must be included in every application for a new award or renewal of an award. The DUNS number will be
System, or using the government-wide electronic portal (Grants.gov). An application will not be considered
complete until the applicant provides a valid DUNS number.
FY 2014 SCAAP Guidelines and Application Page 5
Organizations should verify that they have a DUNS number or take the steps necessary to obtain one as
soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free DUNS
number request line at 18003330505.
.
5.
Addi-
6. -
of solicitations within the Office of Justice Programs to those in BJA.
7. Fro
8. Confirm that your organization is eligible to apply for this program by reading the text on the screen. If eligible,
9. Once you have reached this point, you are considered successfully registered.
Online Inmate Data Reporting Process
Select the file upload process below that best meets your needs. While you may change the method prior to
the change from one process to another will overwrite and
submitting the completed application to BJA, note that
delete all previous inmate record submissions.
Direct File Upload:
The direct file upload function allows you to submit inmate database records in a single
ASCII-formatted file directly into GMS. File uploads must contain the mandatory data fields in the required
format. File uploads that do not include the necessary information will be considered incomplete and not
eligible SCAAP funding. The SCAAP system provides you with an opportunity to correct files or add missing
data prior to finalizing the application.
Direct Data Entry:
The direct data entry function allows you to manually enter inmate data directly into an
online inmate data template, instead of creating a separate ASCII file. This approach may be best suited for
jurisdictions with smaller facilities or small criminal alien populations. Drop-down menus are provided for
selecting incarceration dates, date of birth, and country of birth (complete country names are listed).
During the file upload process, a red flashing bar will appear at the bottom of the applicant screen. This bar will
continue to flash until the inmate file upload is complete. Upon completion of the inmate file upload, SCAAP GMS
will provide the applicant with a "File Upload Status Report." This report will list the number of inmate records in
the upload and the number of inmate records that are complete. In addition, the report will provide a detailed list
of inmate records (by file number) that are incomplete or have data format errors and the nature of the error.
Print this file upload status report for your records. If during the file upload process, your Internet browser times
out or is disconnected, your inmate file upload may not be complete. It is important that you check the "File
Upload Status Report" and verify that all of your inmate records have been uploaded.
When initiating a file upload, there is an approximate 10 second start-up delay. Once the file upload has actually
begun, the estimated times for file uploads: 300 inmate records = less than 1 minute; 7,800 inmate records = 3
minutes; 54,600 inmate records = 15 minutes.
Technical System Requirements
Internet access is required to apply for SCAAP funding. Generally, Netscape Communicator 4.7 and Internet
Explorer 5.5 are the earliest versions of the respective Internet browsers that may be used for successful SCAAP
application system access. Contact your agency network administrator to determine if an internal firewall or
agency Internet security system may be preventing direct access to the application system, or contact the GMS
Help Desk for information regarding correct port settings. If you are a prior SCAAP user, the browser bookmark
may not work properly and an attempt to access the SCAAP application site may generate a message advising
pDelete the bookmark and manually type the URL into the browser address
line.
Internet User Accounts
Government officials from the applying jurisdictions must establish the OJP GMS user accounts for SCAAP.
Non-government officials may not establish user accounts on behalf of applying jurisdictions. When establishing
FY 2014 SCAAP Guidelines and Application Page 6
a user account, sheriffs or chiefs of police are not considered CEOs, but they may serve as the contact persons
establishing the SCAAP user accounts on behalf of the CEOs. All applications must be filed in the name of the
me, official title, and e-mail address.
Application Resubmissions
BJA may return a submitted application with incomplete or inaccurate data to the applicant for corrections, and
will notify both the CEO and the SCAAP contact, via the e-mail address of record, that their application needs to
be corrected and resubmitted by a certain date to be considered for SCAAP funding.
7
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 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. Winstonhas submitted his resignation from the office of
the Sherifffor 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 tocall 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 November3,
2015, it would be just andproper to schedule this special election for November 3,
2015.
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 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.
Page 2 of 2
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Project approved by the Board for $3M on June 25,
$126,929 in additional funding Approved by the
Project presented to the Board in Work Session
October 22, 2013 as part of the year end review
Project presented as part of a Capital Projects
Board at its November 12, 2013 meeting
update to the Board on May 14, 2013
2013
••••
Anticipate Project completion of currently defined
Low bidder was MB Contractors with a bid of
Bids were received on September 10, 2014
Notice to proceed was issued October 1
project in the late summer of 2015
$2,587,500
••••
Currently no additional renovations are included for
Recommend expanding the existing project by $1.5
Current project includes a complete rehabilitation
floor due to its extensive water damage
and complete replacement of ceiling tile and grid
million to complete interior building renovations
throughout the building
4.
–
floors 1
of the 5
•••
The addition of $1.5M would bring the total project
including land) presented to the board in May 2013
The cost estimate for a complete “gut rehab” was
was $13,222,633 as developed by Thompson &
$8,412,955 as developed by Thompson & Litton
The cost estimate to build a new building (not
budget to $5,169,540
Litton.
•••
More importantly, staff would not be impacted for
Renovation with the current contract would avoid
rework of tile and grid and alleviate the need to
move HVAC equipment
a second time.
••
Approval requested at the November 18, 2014 BOS
meeting:
•
P
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 theCode 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.