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HomeMy WebLinkAbout11/5/2002 - Regular November 5, 2002 711 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 5, 2002 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of November, 2002. INRE: CALL TO ORDER Chairman Church called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Michael W. Altizer, Richard C. Flora, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Darryl Crim, North Roanoke Baptist Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. November 5, 2002 712 INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1., Recoanition of the County Qf Roanoke for receivina the "Disability Friendly Business" Award for demonstratina 'disability friendly' emoloyment oractices Mr. Dan Semones and Ms. Patricia Niles with the Virginia Department of Rehabilitative Services presented awards to the following departments: Human Resources, Parks, Recreation & Tourism and General Services. Accepting the awards were Joe Sgroi and Anita Hassell (Human Resources), Pete Haislip and Debbie Pitts (Parks, Recreation & Tourism) and Anne Marie Green (General Services). Other members of the Human Resources staff present at the meeting were Sheila Obenchain, Dana Shepherd, Damaris Sanchez, Carla Frazier, and Ragena Jordan. b Proclamation declarina November 17 = ~ 2002 as American Education Week in Roanoke County Chairman Church presented the proclamation to Allyn Mitchell, Northside High School. Supervisor Minnix expressed his appreciation to the members of the School Board and staff at the schools for their hard work. He stated that special recognition should be given to the teachers who are in the classrooms seeing to it that the work gets done. November 5, 2002 713 INRE: NEW BUSINESS .1., Resolution oetitionina the Circuit Court for !!. Writ of Election to fill the yacancy In the constitutional office of the Commonwealth Attorney, (Paul Mahoney, County Attorney) R-110502-1 Mr. Mahoney reported that under State Code, the County has 15 days to petition the Circuit Court to schedule a special election to fill the vacancy in the constitutional office of the Commonwealth Attorney due to the resignation of Francis "Skip" Burkart III. Mr. Burkart's term was scheduled to expire on December 31, 2003. State Code requires that the special election be held "promptly" and in discussions with the Chief Judge of the Circuit Court and the Roanoke County Registrar, Mr. Mahoney reported that a special election would cost approximately $25,000. It is staff's recommendation that the Board petition the Circuit Court to declare that the election be held in November 2003 to coincide with the next general election for this office. There was no discussion on this item. Supervisor McNamara moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 110502-1 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ORDER AN ELECTION ON FILLING THE November 5, 2002 714 VACANCY IN THE CONSTITUTIONAL COMMONWEALTH ATTORNEY OFFICE OF THE 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, Francis Burkart, III has submitted his resignation from the office of the Commonwealth Attorney for Roanoke County, effective October 31,2002; 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 Commonwealth Attorney; 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, 2003, it would be just and proper to schedule this special election for November 4, 2003. 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 order an election on November 4, 2003, on the filling of the vacancy in the constitutional office of the Commonwealth Attorney. 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. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors, Flora, McNamara, Minnix, Altizer, Church NAYS: None November 5, 2002 715 b Proposed amendments !Q the Roanoke County Charter, (Paul Mahoney, County Attorney) A-110502-2 Mr. Mahoney stated that at the October 22 meeting, a work session was held with Mr. Pete Giesen, Special Assistant for Legislative Relations, to discuss a variety of legislative initiatives that the County might wish to pursue in the upcoming session of the Virginia General Assembly. One of those items involved amending the Roanoke County Charter to authorize the levy and collection of a tax on tobacco products. In addition, there were two minor housekeeping amendments recommended by Mr. Mahoney: (1) Amend Chapter 11 "Department of Social Services" to bring it into compliance with State Code provisions and County practices. The social services board is now an advisory board. (2) Amend Chapter 12 "Department of Education" to reflect that the School Board is now elected by the citizens. Mr. Mahoney indicated that a position paper was submitted as part of the agenda packet to explain and justify the fiscal impact of imposing a tobacco tax. He stated that if the Board authorizes proceeding with these matters, State Code requires a public hearing and he is recommending that this be scheduled for November 19, 2002. At Supervisor Church's request, Mr. Mahoney indicated that under Virginia Law, cities, unlike counties, have been authorized to levy a tobacco tax. Under specific legislation in the State Code, the counties of Arlington and Fairfax have been granted November 5, 2002 716 this authority. When Roanoke County began the initiative in 1986 to secure the first Charter in the Commonwealth of Virginia, there was a provision allowing for the collection of a tobacco tax. This provision was specifically deleted by the General Assembly. Currently most cities in the Commonwealth possess this taxing authority. The City of Roanoke currently levies a $0.17 per pack tax which generates approximately $1.4 million per year. The City of Salem adopted a cigarette tax of $0.15 per pack in August, and it is anticipated to generate $800,000 per year. Staff is requesting that the Board consider seeking this same authority since the Roanoke Valley is one economic unit, and both of our neighboring cities currently impose this tax. Supervisor Church stated that the Board is routinely reluctant to levy additional taxes or fees. He stated that the lack of funding from the State has contributed to the need to consider implementation of this user fee. Supervisor McNamara clarified that the Board is voting on the right to impose the tax if the Board should elect to do so at a later date. This is not a vote to impose the tax. Supervisor Church moved to approve the staff recommendation to authorize the publication of the proposed charter amendments and schedule the public hearing for November 19, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None November 5, 2002 717 INRE: FIRST READING OF ORDINANCES .1., First Readina Qf !.!l ordinance amendina Section 22-204 "Mandatorv Water Conservation Measures" Qf the Roanoke County Code !Q clarify restrictions Qf the fillina of swimmina pools and the waterina Qf lawns, aardens and .Q.Q/f courses. (Elmer Hodae, County Administrator) Mr. Hodge reported that this ordinance is to clarify three items that were contained in the ordinance adopted by the Board at the October 22 meeting. He stated that preparation in building Spring Hollow Reservoir has served the County well, and it has been sufficient throughout this summer despite the heavy demands placed on it. He indicated that the water conservation ordinance is also a preparation measure. A chart has been included in the agenda packet comparing the County's water conservation ordinance, as amended, with the Governor's Order 33. Mr. Hodge advised that the clarifications included are: (1) Allow the filling of new swimming pools, in addition to the replenishing of the water level in existing swimming pools. (2) Allow the watering of golf courses (tees and greens only) between 8:00 p.m. - 8:00 a.m. (3) Allow the watering of athletic fields when necessary. In response to Supervisor McNamara's question, Mr. Mahoney outlined the following changes that were included in the proposed ordinance: (1) Page 2, Item (c) Swimming Pools. Prohibit filling of outdoor swimming pools. Fillina or replenishing November 5, 2002 718 to maintain the structural integrity of the pool or to ensure swimmer health and safety is permitted. (2) Page 2, Item (g) Lawns and Gardens. Eliminate watering of shrubbery, trees, lawns, grass, plants or other vegetation. The watering of freshly planted plants and new, replanted or resodded lawns, golf COlJFGOS ana Qthletic fields and facilities, ææept indoor plantings, greenhouse or nursery stocks... Mr. Mahoney indicated that there were some citizen concerns about whether individuals could water shrubbery or if only commercial nurseries were allowed to water. He also explained that due to varying construction methods, certain types of pools need to be filled in order to maintain structural integrity. Supervisor McNamara stated that he did not understand why the County would limit the filling of pools and not restrict golf courses or athletic fields. In response to a question from Supervisor McNamara, Mr. Mahoney indicated that the language in the ordinance pertaining to pressure washing equipment was based on models adopted in a variety of other localities, as well as those recommended by the Virginia Municipal League (VML) and the Virginia Association of Counties (VACo). For approximately ten years, Roanoke County has required, as a part of its special use permit process, that new commercial car wash facilities include high pressure, low consumption equipment. This makes the ordinance consistent with the County's existing zoning ordinance. Supervisor McNamara also raised the following questions: (1) What is the November 5, 2002 719 trigger to implement mandatory conservation measures? (2) Where do we stand today relative to this trigger point? Mr. Hodge indicated that the trigger mechanism is based on a formula that evaluates the number of days of water supply remaining, the amount of rainfall that has been experienced, and what is occurring in the neighboring localities. He stated that in today's conditions, the County would not be under mandatory conservation. Supervisor McNamara asked what would be necessary to remove the conservation measures. Mr. Mahoney indicated that Board action is all that is required, and that this can be done even if the Governor's declaration is still in place. Mr. Hodge recommended that three levels of conservation be considered: voluntary, mandatory, and extreme. Supervisor Minnix recommended that the County's ordinance should not be more stringent than the Governor's order. He reported that citizens have raised valid concerns, but they do not always necessarily view these issues from an economic development perspective. He stated that the key to implementing these conservation measures is in knowing when to shift from one level to the next. He noted that approximately 7 feet of water has been pumped into Spring Hollow as a result of the recent rains. Supervisor Flora stated that he agrees with the proposal of adopting an ordinance that contains three levels, and would support refining our current ordinance. November 5, 2002 720 He noted that conditions today have changed dramatically, and the number of individuals being impacted by the restrictions has narrowed considerably. He voiced concerns that specific businesses are now being targeted by the restrictions. Supervisor Flora indicated that he would support lifting the restrictions with the exception of groundwater withdrawals because wells are still at a critical level. In response to a question from Supervisor Altizer, Mr. Hodge indicated that the County ordinance is slightly more restrictive than the Governor with regard to watering trees and shrubbery with water obtained from private wells. Supervisor Altizer expressed concerns about restricting the use of water for people who have invested money in the drilling of private wells. Mr. David Hancock, Central Virginia Government Relations Representative for the National Spa and Pool Institute, spoke in opposition to restrictions on the pool industry. He stated that pools serve economic and health benefits and that stagnant, unfilled pools present health hazards to the community. He stated that swimming pools are a $20 billion per year industry and when they are affected, every industry that they deal with is subsequently affected. The industry is willing to provide any information requested to answer the concerns of the Board members. He provided the following number where he could be reached: (804) 232- 8027 and also left printed information for the Board to review. November 5, 2002 721 Mr. Jerry Green, owner of Aquarius Pools, spoke in opposition to restrictions on the filling of pools, particularly with regard to newly constructed pools. He emphasized the need to address the safety issues, and also stated that pools provide family togetherness and offer activities for kids during the summer months. Supervisor McNamara moved to approve first reading and set the second reading for November 19, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None b First readina Qf!.!l ordinance!Q yacate!!. 15' ~ easement on Lot J! and release !!. reservation for water storaae tank on !!. Public Utility.bQ!. created .!!ï Subdivision Plat for Section !!.. Fallina Creek Estates, in Plat Book ~ Paae ~ and combined into New Lot SA In Plat Book M. Paae ~ Vinton Maaisterial District. (Arnold Covey, Director of Community Deyelopment) Mr. Covey stated that in June 2000, Falling Creek Development, loC. moved forward with the relocation of the water tank and access easement to Lots 17 and 18 of Section 8, Falling Creek Estates. At this time, the developer would like to remove the encumbrances that are presently on Lot 8A. Staff had no objections, and the developer has proceeded at his cost to remove this infrastructure and relocate it. November 5, 2002 722 In response to a question from Supervisor Altizer, Mr. Covey confirmed that all costs associated with this proposed vacation will be paid for by the Petitioner. Supervisor Altizer moved to approve first reading and set the second reading and public hearing for November 19, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None INRE: SECOND READING OF ORDINANCES .1., Second readina Qf !.!l ordinance authorizina the creation Qf and financina for! local public works improvement project. Glenvar Heiahts Boulevard water line extension project, Catawba Maaisterial District. £§ill Robertson. Utility Director) 0-110502-3 Mr. Robertson reported that this ordinance is for the purpose of creating a public works project and extending water to the Glenvar Heights Subdivision. He stated that there have been no changes since the first reading. There were no citizens present to speak and there was no discussion on this matter. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: November 5, 2002 723 AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ORDINANCE 110502-3 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, GLENVAR HEIGHTS BOULEVARD WATER LINE EXTENSION PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Glenvar Heights community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 22, 2002, and the second reading was held November 5, 2002; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for the Glenvar Heights community. The total construction cost of this public water project is estimated to be $146,000 to be initially financed as follows: Citizen Participation ( 23 at $3,555 each) $81,765 Advance from the Public Works $64.235 Participation Fund TOTAL $146.000 November 5, 2002 724 That there is hereby appropriated for this project the sum of $64.235 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Glenvar Heights Boulevard Water Line Extension Project" prepared by the Roanoke County Utility Department, dated 11/05/02 . The Glenvar Heights Boulevard Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying at a minimum the sum of $4.900 ($3,555 toward construction costs, plus $1,345 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before February 5, 2003, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. Down payment of $1,345.00 will be applied to the off-site facility fee. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the February 5, 2003, deadline (other than new property owners) shall pay a minimum of $7.134 [$3,555 construction costs plus 25% (plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $2,690)]. New property owners (defined as persons who acquire ownership of real estate within the Project Service Area after the date of the adoption of this Ordinance) shall have ninety (90) days from the date of their acquisition of the real estate to participate in and benefit from the public water/sewer extension to this service area by the payment of $4,900, said costs to be paid in full and in advance of connection to the public water/sewer extension. New property owners are not eligible to participate in the installment financing payment method described above in paragraph 3. November 5, 2002 725 4. That the payment by citizens in the project service area, in excess of those anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None b Second readina 2f an ordinance to authorize the acQuisition Qf the necessary easements !Q construct Phase § of the North Loop Water Transmission Line Proiect. Catawba Maaisterial District. ~ Robertson, Utility Director) 0-110502-4 Mr. Robertson reported that this ordinance would be for the purpose of acquiring the easements necessary for the water line project, and that there have been no changes since the first reading. There were no citizens present to speak and there was no discussion on this matter. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church November 5, 2002 726 NAYS: None ORDINANCE 110502-4 FOR AUTHORIZATION TO ACQUIRE NECESSARY EASEMENTS TO CONSTRUCT PHASE 5 OF THE NORTH LOOP WATER TRANSMISSION LINE PROJECT WHEREAS, location plans for Phase 5 of the North Loop Water Transmission Line Project have been completed and the project will require acquisition of water line easements across certain properties; and WHEREAS, said easements are to be acquired to facilitate the completion of construction of the water transmission main through north Roanoke County between Spring Hollow and North Lakes; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on October 22, 2002; and the second reading was held on November 5, 2002. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition and acceptance of the necessary water line easements for Phase 5 of the North Loop Water Transmission Line is hereby authorized across the following properties, referenced by tax map number, from the property owners, their successors or assigns: Tax Map Nos. 43.00-01-45 54.02-04-72 54.02-04-01 54.02-04-74 54.02-04-24 54.03-01-05 54.02-04-28 54.03-01-18 54.02-04-29 54.03-01-52 54.02-04-68 54.03-01-53 54.02-04-69 54.04-07-01 54.02-04-70 2. That the consideration for each easement acquisition shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any; and 3. That the consideration for each easement shall be paid from the Capital Improvement Fund; and 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None November 5, 2002 727 INRE: CONSENT AGENDA R-110502-5 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 110502.5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for November 5, 2002 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9, inclusive, as follows: 1. Approval of minutes - May 14, June 11 and October 22, 2002 2. Confirmation of committee appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 3. Request to accept water and sewer facilities serving Cresthill Commons, Cave Spring Magisterial District. 4. Request to accept a Virginia Department of Health grant in the amount of $33,012.50 to purchase an ambulance. 5. Request from to accept a Virginia Department of Health grant in the amount of $12,315 to purchase new cardiac heart monitors 6. Request to accept a Virginia Department of Health grant in the amount of $6,242 to purchase extrication equipment Uaws of life) 7. Nomination of a section of Bottom Creek as Exceptional State Waters 8. Request to accept an Aggressive Driver Enforcement Grant in the amount of $4,000.00 from the Twenty-Third Judicial District Court-Community Corrections 9. Request to accept a grant in the amount of $8,500 from the Department of Motor Vehicles for DUI Selective Enforcement ¡Injury Accident Reduction November 5, 2002 728 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None INRE: REQUESTS FOR WORK SESSIONS Mr. Hodge reported that he had received a request from a group of citizens asking to hold a work session on 1-73 due to the fact that the environmental impact statement is nearing completion. It was the consensus of the Board to schedule the work session for November 19, 2002. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None .1., General Fund Unappropriated Balance b Capital Fund Unappropriated Balance ~ Board Continaency Fund !" Future School Capital Reserve .§." Clean Valley Council INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS November 5, 2002 729 Supervisor Minnix: (1) He inquired about the status of a traffic signal on Indian Grave Road. Mr. Hodge reported that due to the state funding reductions, the Division of Motor Vehicles (DMV) office at this intersection will not be built and approximately $150,000 - $200,000 from the contractor's funds is no longer available. He stated that calls from citizens indicate there is a need for a traffic signal. The engineering plans have been completed, the project is ready to bid, and the Board has appropriated the County's share of the funding. The next step is to secure the necessary right-of-ways and easements and VDOT needs to approve the plans. At the next meeting, Mr. Hodge indicated that the Board would need to authorize the acquisition of the right-of-ways and easements and also authorize the County to administer the project. Supervisor Minnix stated it is essential that at least a three-way traffic signal be installed at this intersection. He stated that problems may be encountered with VDOT, but he is putting them on notice that the possibility of an accident strongly exists at this intersection. He stated there is a serious problem here, and that Route 220 South has as much traffic as many interstates. Supervisor Altizer: (1) He thanked the Board for his appointment to the Vinton District vacancy, and also conveyed his appreciation to the citizens who had contacted him to express their support following his appointment. Supervisor McNamara: (1) He stated there is no question that the traffic signal at Indian Grave Road is needed. He asked if the approval for the $300,000 goes November 5, 2002 730 away if the project does not go through. Mr. Mahoney indicated that he would research the Board's action with regard to this matter and report back. Supervisor McNamara stated that VDOT is responsible for roads, and the County needs to be very careful about funding traffic signals if there is no clear economic development benefit. Supervisor Church: (1) He asked Mr. Hodge to verify whether or not the City is charging a fee for use of the trails at Carvins Cove. He has received communication from a citizen regarding this concern. (2) He encouraged everyone to get out and vote today and indicated that the polls remain open until 7:00 p.m. (3) He reported on the excellent turnout at the Glenvar Middle School dedication, and stated that the residents are very happy with the results and they commend the Board for their cooperative efforts. IN RE: CLOSED MEETING At 4:35 p.m., Supervisor Church moved to go into Closed Meeting following the work sessions, pursuant to Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made; Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff members regarding a specific legal matter requiring the provision of legal advice, namely water agreement with the City of Roanoke. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church November 5, 2002 731 NAYS: None INRE: WORK SESSIONS (4th FLOOR CONFERENCE ROOM) .1., Work session with Real Estate Valuation and Community Development !Q demonstrate GIS internet capabilities. (Todd Booth, Enaineerina/GIS Supervisor: Myra Williamson, Real Estate Technoloay Support: ~ Coleman, GIS Coordinator) The work session was presented by Todd Booth, Engineering/GIS Supervisor; Myra Williamson, Real Estate Technology Support; and Gary Coleman, GIS Coordinator. The work session was held from 4:45 p.m. until 5:12 p.m. A demonstration of the GIS Internet data base system was made to the Board. b Work session !Q discuss year-end financial reports and impact Qf state budaet reductions. (Diane Hyatt. Chief Financial Officer: Brent Robertson. Budaet Director) The work session was presented by Diane Hyatt, Chief Financial Officer, and Brent Robertson, Budget Director, and was held from 5:13 p.m. until 6:45 p.m. Ms. Hyatt reviewed the year-end financial summary reports. The County had a net surplus of $1,186,711 for the fiscal year (FY) ended June 30, 2002. Recommendations for use of the funds included: health insurance, purchase of vehicles, and maintenance of current service delivery levels. November 5, 2002 732 Mr. Robertson reported on the funding reductions from the state. The original FY 02-03 cuts totaled $256,280, and an additional $228,256 has been cut as of November 1, 2002. It is anticipated that further reductions will follow. Other organizations that will be affected include Explore Park, Mental Health Services, Virginia Western Community College, Regional Detention Center, Virginia Cooperative Extension, and the Area Agencies on Aging (LOA). Reductions to these groups may indirectly impact County operations through additional funding requests. The following individuals spoke regarding funding cuts to their departments: (1) Steve McGraw, Clerk of Circuit Court, reported that his budget has been reduced by an additional $45,920 following a previous reduction of $7,500. If implemented, these cuts could mean the loss of two full-time employees in this office. Mr. McGraw requested that the Board consider using the fees collected by his office to offset these reductions. (2) Fred Anderson, Treasurer, reported that his budget had been reduced by $22,268 which is the equivalent of one full-time employee. To offset the reductions, he has closed the DMV satellite office effective November 1, 2002. In addition, there will be no satellite office in the Town of Vinton beginning Spring 2003. (3) Nancy Horn, Commissioner of the Revenue, reported that her budget is scheduled to be reduced by $23,000. She will be unable to perform all of the services that her office currently handles, which in turn means a loss of revenue to the County. Elimination of this funding could result in a loss of two positions in her office. She stated November 5, 2002 733 that if she loses any additional staff, she does not know if she would be able to process DMV reports. She requested that she be allowed to keep the departmental rollover money for this fiscal year. (4) Randy Leach, Commonwealth Attorney, reported that reductions in this department will necessitate eliminating one attorney's position. At present, this office maintains one less attorney than the Compensation Board recommends. If elimination of this position becomes necessary, the Commonwealth Attorney's Office will no longer be able to handle traffic cases. He anticipates he could possibly generate $10,000 savings in the current fiscal year as a result of internal personnel changes. If this office does not handle traffic cases, either the Police Department or the County Attorney's Office will have to take over prosecution of these cases. (5) Diana Rosapepe, Library Director, reported that the libraries are a public service department and their budget has been reduced $35,700 or 15% of their current allotment from the State. She stated that 100% of the state aid is used to purchase books. She only has two alternatives: stop buying books or consider a reduction in services. (6) Ray Lavinder, Chief of Police, reported that of his approximately $7 million budget, less than 10% is for operating costs and 80% of the operating budget is for maintenance of vehicles. If additional funding reductions are implemented, he will have to consider personnel cuts. He stated that he could handle the current reductions by deferring the purchase of two vehicles. November 5, 2002 734 Gerald Holt, Sheriff, requested that the Board consider implementing fees in the Sheriff's Office to offset the state funding reductions. It is anticipated that the fees could generate approximately $238,850 per year ($127,500 Sheriff's Processing Fee; $106,250 Courthouse Security Fee; $5,100 DNA Sample Fee). He indicated that these projections are the maximum fees allowed by the State. It was the consensus of the Board to discuss these issues further at their meeting on November 19, 2002. The Commonwealth Attorney's office was given authorization to proceed with hiring one additional attorney. INRE: CLOSED MEETING The closed meeting was held from 6:55 p.m. until 7:55 p.m. IN RE: CERTIFICATION RESOLUTION R-11 0502.6 At 7:56 p.m., Supervisor Church moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: .. AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 110502-6 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 November 5, 2002 735 WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 7:57 p.m. Submitted by: Approved by: fJÚua ) ~ . (hI ìd~Ai)) Diane S. Childers Clerk to the Board ~B~~~ Chairman November 5, 2002 736 This paae left blank intentionally.