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HomeMy WebLinkAbout3/12/2002 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12 2002 RESOLUTION 031202-1 OF APPRECIATION TO ELIZABETH W. STOKES FOR HER SERVICE ON THE ROANOKE COUNTY ELECTORAL BOARD WHEREAS, Elizabeth W. Stokes has served on the Roanoke County Electoral Board from July 31, 1992, until February 28, 2002, and was reappointed three times; and WHEREAS, Ms. Stokes was elected to serve as Chairman, Vice -Chairman and Secretary while on the Electoral Board; and WHEREAS, during her tenure, the number of registered voters in Roanoke County grew from 41,000 to 58,000; and WHEREAS, prior to service on the Electoral Board, Ms. Stokes served the citizens of Roanoke County as the elected Clerk of Circuit Court from 1968 to 1992; and WHEREAS, she continues her volunteer activities on behalf of Roanoke County by serving on the Total Action Against Poverty Board of Directors and the Commission for Senior and Challenged Citizens, and WHEREAS, through her leadership and involvement in volunteer activities in Roanoke County, Ms. Stokes has demonstrated her dedication and commitment to Roanoke County and to the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of all its citizens does hereby extend sincere appreciation to ELIZABETH W. STOKES for her service to Roanoke County as a member of the Electoral Board and for her active participation on other committees, 1 commissions and boards, and FURTHER, the Board wishes Ms. Stokes an active, productive future and expresses its pleasure that she will continue to serve the citizens of Roanoke County through her other volunteer commitments. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolution of Appreciation File 2 A-031202-2 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2002 AGENDA ITEM: Request to allocate $128,953.22 from the State Compensation Board's Technology Trust Fund to the Circuit Court Clerk's Office to purchase a Records Imaging/Indexing system COUNTY ADMINISTRATOR'S COMMENTS: This is an excellent project that will provide benef t for the citizens as well as realtors and other corporate users. It will also help us communicate the flow of information between County departments faster and more accurately. This, however, is a strange financial arrangement. The Clerk's Office has already accumulated $260, 000 in the Technology Trust account which is being held by the state. It would seem sensible tome if the state paid directly but I have been assured that this is not possible. I am also assured that we will reimbursed by the state within a 30 to 60 day timeframe. Mr. McGraw will elaborate when he makes his presentation. BACKGROUND: For more than six (6) years, the Roanoke County Circuit Court Clerk's Office has been accumulating funds in its Technology Trust Fund (TTF) Account through fees which have been collected by our office at the time of recordation of certain real estate -related documents. Currently, the Clerk's office has in excess of $260,000.00 in this account. The TTF account was established by the Virginia General Assembly for all Circuit Court Clerks' offices within the Commonwealth in order to provide them with the necessary funds to implement computerized records imaging and indexing systems. After more than five years of research and testing, the Roanoke County Circuit Court Clerk's office elected to contract with the Supreme Court of Virginia for this service. The first phase of this project, initiated in November, 2001, has now been completed, and the attached invoice from the Supreme Court of Virginia represents our office's expenditures to date. At this time, the Clerk's office is requesting a fully reimbursable appropriation of $128,953.22. Over the next several months, several more phases of implementation are scheduled to occur toward 1 the goal of placing many of records on the internet prior to the end of this calendar year. As our office receives the invoices for each of these subsequent expenditures, I will return to this Board for similar requests for appropriation and subsequent reimbursement of funds, thus also providing you with an update as to our continued progress. FISCAL IMPACT: This appropriation in the amount of $128,953.22 will be 1000 reimbursed to Roanoke County by the Roanoke County Circuit Court Clerk's Office's TTF account via the State Compensation Board. There are no requirements for matching funds or other contributions by Roanoke County. STAFF RECOMMENDATION: Staff recommends acceptance of $128,953.22 of revenues from the Technology Trust Fund, and the appropriation of these funds to the Clerk of Courts for imaging equipment. Respectfully submitted, Steven A. McGraw, Sr., Clerk Roanoke County Circuit Court -------------------- ACTION Approved by, Elmer C. Hodge, Jr. County Administrator VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to Church Denied ( ) allocate $128,953.22 Flora Received ( ) McNamara Referred ( ) Minnix To ( ) Nickens cc: File Steven A. McGraw, Sr., Clerk, Circuit Court Danial Morris, Director, Finance Diane D. Hyatt, Chief Financial Officer 04, x LLSupreme Court of Virginia Office of the Executive Secretary Telephone (804) 786-7817 02ROARMS-0222 INVOICE ►tel I;nu�otcen�rq� Hon. Steven A. McGraw, Sr., Clerk Treasurer of Virginia Roanoke County Circuit Court c/o Supreme Court of Virginia 305 E. Main Street 100 N. Ninth Street, 3rd Floor P.O. Box 1126 Richmond, Virginia 23219 Salem, VA 24153-1126 23,583.13 2 Attention: John Rickman, Fiscal Director February 22, 2002 March 31, 2002 Itemrw, rv..Description s .,, Quan ifiyy nits Price.. w..... ArnountTM.. ,r. 1 Hewlett Packard 9000 D220 Server 1 19,372.77 19,372.77 Hewlett Packard Imaging Hardware 1 23,583.13 23,583.13 2 Informix Costs (Licenses) 10 1,278.00 12,780.00 3 Hewlett Packard Printer HP LaserJet 410OTN 2 1,725.00 3,450.00 HP LaserJet 2200D 4 750.00 3,000.00 4 Scan Station 2 11,563.42 23,126.84 5 View Station 8 3,412.32 27,298.56 6 21" Monitors for Desktop PCs 6 900.00 5,400.00 Informix Licenses for Desktop PCs 6 1,278.00 7,668.00 Plexus Licenses for Desktop PCs 6 712.32 4,273.92 7 CREDIT Four- 17" Monitors 4 -250.00 -1,000.00 8 Additional Yearly Maintenance Scan and View Station ($8,815.00) Please reference invoice number with payment! IlTotal Amount Due $128,953.22 J1 IT Director's Signature: Al/' , - - - - - - - - 02/20/02 M-ROARMS-0222.xls) Page 1 oft A-031202-3 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2002 AGENDA ITEM: Accept Donations for the citizen -initiated fund raising effort for expansion of the Bent Mountain Library COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval for the establishment of this fund for the Bent Mountain Library as we approved the playground equipment for the park at the last Board meeting. I want to emphasize that we do not have the funds for the expansion in the County budget. The plans for construction should be handled by the Library Board and staff, and deferred until the fund raising is complete. We are likely to have many more requests of this type throughout the County and need to be consistent in our approach. BACKGROUND: On March 20, 2001, a group of County and School administrators met with Mrs. Joan Carver representing the Bent Mountain Women's Club. She proposed additions to the Bent Mountain Library that approximated 550 sq. ft. at cost of $135,000 - $160,000 plus 7% for A&E. That project is identified as Phase I. Phase I is on hold and is not part of this request. On March 22, the County Attorney sent a letter to Mrs. Carver asking the organization to meet with School Board Construction Committee and the Library Board. The Schools stated that there should be no expectation that the School Board would provide any funds (capital or operational) for the project. On July 16, 2001, Library Board member Norma Jean Peters issued a letter to Mrs. Carver stating that it would be inappropriate for the Board of Trustees to involve itself in any citizen plans for raising funds for the library, beyond reiterating their position that any donations or bequests made to the library should be free from contingencies that preempt the responsibilities of the Library Director and/or staff. As shown in the attachments, the Libraries have five projects in the CIP currently being considered including the Phase I improvements to the Bent Mountain Library. Although not yet ranked, the rankings for these projects from the prior year are included as information. Pursuant to the Board of Supervisors policy for the acceptance of donations of money or property, Mrs. Carver, still working with Hill Studio, is returning with a scaled-down project and seeks to establish an account, receive a tax exempt letter, and proceed with fund raising for the following project identified as Phase II. Phase II (Plan for which this request is being made): The citizen plan is to add a 10' x 17', 170 sq. ft. addition to the side of the library. Citizens desire to move bookcases into that space and relocate the Children's area to the new space. This addition does not conform to the Phase I improvements included in the current CIP. Cost budget is $35,000 and is planned to be raised in the following manner: $ 5,000 Citizen donations $15,000 Grants $ 7,500 Donated materials 7,500 Donated trade labor $35,000 Total Budget for Phase II SUMMARY OF INFORMATION: On October 23, 2001, the Board of Supervisors adopted policies and procedures for accepting contributions and donations for County projects. Attached is a copy of this policy. This is a request from citizens for the Board to accept donations and establish an account under this policy. It also authorizes the County Attorney to issue a tax exempt letter to the Bent Mountain Library Fund concerning this project. This will assist the organization in their fundraising efforts and also allows the County to assist in the procurement process, etc. This action does not include an appropriation of funds. Once sufficient funds are obtained, staff will come back to the Board for an appropriation to begin work on this project. ALTERNATIVES: Alternative 1: To approve the acceptance of donations and the establishment of an account for the Bent Mountain Library Fund and to authorize the County Attorney to issue a tax exempt letter concerning this project. Alternative 2: Do not approve the request STAFF RECOMMENDATION: Staff makes no recommendation concerning the Phase II project as outlined above. The current CIP plan reflects County library projects as prioritized. Staff desires assurance that the design and construction are appropriate for the existing building and that interior control over the donated space continues to rest with the Library staff and Roanoke County Schools. Respectfully Submitted by Diana Rosapepe Director of Library Services Danial Morris Director of Finance Approved by: zr/ Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Joseph P. McNamara to accept Church _ x _ Denied () donations and the establishment of an Flora _ x Received () account for the Bent Mountain Library and McNamara_ x _ Referred () authorize the County Attorney to issue a Minnix _ x _ To () tax exempt letter concerning the project Nickens _ x _ cc: File Diana Rosapepe, Director, Library Services Danial Morris, Director, Finance Paul Mahoney, County Attorney Attachment A cN C7, CN p cc M � rq N M cc kn C, c N N 00 o c c, Z U O r� o �r_� c� o _ cc O -- N N [4 C Lr) - U C ^� v r - Attachment A Attachment A Library 419 Headquarters Library Renovation and Expansion Glenvar Branch Expansion Mount Pleasant Branch Library Bent Mountain Branch Renovation Vinton Branch Library Refurbishment Attachment A 419 Headquarters Renovation & Expansion Prior Approved Funding Estimated Expenditures by Fiscal Year Total Cost FY 03-07 Cost Beyond 2007 2002-03 2003-04 2004-05 2005-06 2006-07 $1,940,000 $2,910,000 $4,850,000 Operating Costs 1 1 $56,000 1 $56,500 1 $57,000 $169,500 Description: Constructed in 1972 and remodeled in 1988, the 419 Library is now a 21,767 sq ft facility, located on a 2.5 acre lot, with 85 parking spaces. It serves the entire valley, but especially the densely populated southwest County residential and business communities and is the primary research and archival resource for the library system. The proposed renovation and expansion would add up to 14,500 sq ft, and would correct multiple problems with the current, overstressed building by adding safe and accessible entrances and aisles; expanded public space, particularly in the children's and reference areas; more reader seating; an upgraded technology infrastructure; a computer instructional lab, meeting space, furniture and shelving; storage; and functional staff work areas. Justification: The HQ/419 Library is the busiest public library in Virginia, west of Richmond. In FY00/01, circulation exceeded 407,000 items and visitor counts averaged nearly 1,000 per day, in a building that was designed to handle less than 60% of current traffic levels. The renovation will expand public spaces, particularly in the children's area, and relieve overcrowding on shelves that are now at 118% of capacity. Furnishings that are heavily worn from thirty years of use will be replaced. It will also bring the building into conformity with state standards for gross square footage, lighting, & accessibility, and create proper housing for non-traditional formats, such as software and DVD's. The current layout, with its crowded, disconnected service desks and compromised workflow, would be replaced with a centralized circulation and information point serving both the adult and children's areas, which would also reduce duplicated staff hours. A minimum of twelve additional public computer workstations are needed for online research, as well as access to the library catalog. Expensive reference materials, which are subject to high theft rates, would be protected with an electronic article surveillance [EAS] system. Self -checkout modules could be combined with EAS to relieve the increasingly common queuing problems at the circulation desk. More space would allow better traffic flow and reduce patron complaints about the noise level and congestion throughout the building. Workspaces for support functions, which are inadequate and poorly configured, could be redesigned to reduce redundant work patterns and improve efficiency. Renovating and expanding the present facility represents the best alternative to acquiring land and building a new headquarters library at another site; or creating, staffing, and maintaining a second branch elsewhere in Southwest County to draw traffic away from the HQ/419 Library. Funding Source: Bond issue. Operating Budget Impact: Annual increased costs for operational, mainienance, and utilities costs: $46,000. Attachment A Conformance with Plans, Policies, and Legal Obligations: The project is supported by the Community Plan; the Library's Five Year Plan; and is the top priority of both the Library Board of Trustees and the Citizens' Review Team [1997]. It is also needed to bring the building into conformity with the standards of the Library of Virginia. Glenvar Branch Library Expansion Prior Approved Funding Estimated Expenditures by Fiscal Year Total Cost FY 03-07 Cost Beyond 2007 2002-03 2003-04 2004-05 2005-06 2006-07 $652,300 $978,300 $1,630,600 Operating Costs $23,000 $31,500 1 $31,500 $86,000 Description: Constructed in 1978, the Glenvar Branch Library is a 5,100 sq ft facility that has never been expanded or refurbished. This project would add 6,200 sq ft to the building for increased stack space, readers' seating, an improved children's area, a more functional meeting room, and better access to electronic resources, including Inte met work stations and a computer instructional lab. The existing library would be renovated with new fittings and fixtures. Space would be allotted to system support functions; including archival storage and a separate technical services area to process new materials. The parking lot would be expanded and redesigned to better accommodate through traffic from the nursing home located behind the building. Justification: The Glenvar library has averaged more than 40,000 citizen visits per year since 1978. The furnishings reflect the 1970s and have deteriorated from decades of public use. Most of the building no longer meets standards for lighting, technology or accessibility. The expansion would increase stack space, which is now so limited that the collection can't grow. It would also preserve existing materials, since adding any book requires that another one be taken out. New lighting and a different layout would make the children's area more inviting, with appropriately -scaled shelving. Materials for younger patrons could be attraciively displayed to encourage browsing. Adding readers' seats throughout the library would be more conducive for studying and recreational reading. Public computers, which now have to be crowded into the circulation and readers' seating areas, could be positioned out of aisles. Lighting would be changed to meet state standards. The technology infrastructure would be upgraded to allow for greater flexibility in the placement of work - and PAC stations. The addition of a computer instructional lab would bring the branch up to the same service level as the other three larger libraries in the system and would create a venue for public computer instruction, which is in great demand. Unlike other branches in the system, Glenvar houses no system support function. Moving the technical services department from HQ/419 to Glenvar would create an efficient workspace for this essential department. Since the easement granted to the nursing home has effectively split the parking lot, reconfiguring it would improve access and public safety. Funding Source: Bond issue or general operating revenues. Attachment A Operating Budget Impact: Operational, maintenance, and utilities: $31,500. Conformance with Plans, Policies, and Legal Obligations: The project is supported by the Community Plan; standards published by the Library of Virginia; and is a primary capital priority of the Library Citizen's Review Team and the Library Board of Trustees. Mt. Pleasant Branch Library Prior Approved Funding Estimated Expenditures by Fiscal Year Total Cost FY 03-07 Cost Beyond 2007 2002-03 2003-04 2004-05 2005-06 2006-07 $249,600 $374,400 5624,000 Operating Costs $18,000 $29,450 $30,000 577,450 Description: The current 529 sq ft Mt. Pleasant Branch is a one -room operation, located inside of the Mount Pleasant Elementary School. This project would replace the current facility with a 3,500 sq ft building. The new branch library will include stack space to accommodate general reading, adult nonfiction, and juvenile collections. It would have 15 work/stud), seats; an area for pc/Internet stations; and a programming and meeting area for small groups. y Justification: Although recently refurbished, the current space is still too restricted both in size and by school operations, to support the size and type of collection that the community needs. Mt. Pleasant is an area experiencing Considerable residential growth so library services, such as preschool storytimes, and facilities should be upgraded to meet the needs of this growing population. State standards indicate the branch is too small by approximately 1,845 sq. ft., while the projected population growth indicates a 2,000 sq. ft. deficit by the year 2010. Selection of a site for a new and enlarged facility will be an issue. A location on Rte. 116 would improve access and visibility; promote increased use of the branch; and could make the library a possible candidate for a joint project with Franklin County. A new site would also avoid some of the security and control issues that arise when public library operations are located on school grounds. Funding Source: Bond Issue Operating Budget Impact: Annual increased operational, maintenance, and utilities costs: $29,450. Conformance with Plans, Policies, and Legal Obligations: Supported in the Roanoke County Community Plan. The current building fails to meet the Library of Virginia's standards for a public library facility. Expansion and replacement of the INit. Pleasant Branch was a top priority of the Library's Citizen Review Team (1997). Attachment A Vinton Branch Library Refurbishment Prior Approved Funding Estimated Expenditures by Fiscal Year Total Cost FY 03-07 Cost Beyond 2007 2002-03 2003-04 2004-05 2005-06 2006-07 $149,500 $149,500 Operating Costs 1 1 $1,300 1 $1,400 1 $1,500 $4,200 Description: This project would refurbish the interior of the Vinton library, including making shelving areas accessible; upgrading lighting fixtures; and replacing furniture. It would be the first renovation of the whole interior since its construction in 1970. Justification: The Vinton library was expanded in 1983, after the roof collapsed beneath the combined weight of standing water and an HVAC unit. Some remodeling was done at that time but the bulk of the project was focused on structural repairs and the addition. Most fittings and furnishings are original to the building and now show more than 30 years of wear. Replacing lighting fixtures, which don't meet state standards, and moving ranges of shelves, which partially block several of rows of lights, would improve visibility and accessibility. New chairs and tables in place of tattered furnishings would provide comfortable seating for casual reading or studying and also address the issue of the inadequate number amount of seating for the number of people using the facility [over 110,000 patron visits in FY00/01]. Funding Source: Bond issue or general operating revenue. Operating Budget Impact: This refurbishment would impact the operating budget by $1,500 or less per year for minor interior maintenance electricity needed for additional lighting. Conformance with Plans, Policies, and Legal Obligations: This project is supported by the Community Plan; and by building construction standards from the Library of Virginia. Attachment A Bent Mountain Branch Library Expansion Prior Approved Funding Estimated Expenditures by Fiscal Year Total Cost FY 03-07 Cost Beyond 2007 2002-03 2003-04 2004-05 2005-06 2006-07 $148,750 $148,750 Operating Costs $2,300 $2,300 $2,400 $7,000 Description: The Bent Mountain Library is a 700 sq. ft. facility, which was built in 1985. It is adjacent to the Bent Mountain Elementary School and is situated on school property. A small area around the building could be used for a modest expansion. Adding 550 sq. ft. would provide wall surface for more shelving; additional readers' seating; and more open space for the children's collection and programs. Justification: A 74% increase in circulation, from 6,685 in 1990 to 11,602 in 2000/01, reflects the library's growing status as a community center. Almost all -available space for the collection and services has been fully utilized. The introduction of workstations for Internet access, which brought invaluable online reference resources to the branch, has unfortunately taken most of the readers' seating area. Removing one wall and expanding the footprint would create a programming area for the popular after school storytimes, which currently have to be conducted in a narrow corridor near the circulation desk, or at a picnic area outside. Adding readers' seating and correctly accessibility problems would bring the library into conformity with accepted standards. In the past year, residents have begun planning a fund raising campaign, with the intention of assisting with, and accelerating the construction schedule. Funding Source: Bond issue, general operating revenues, and/or citizens' fund raising proj ect. Operating Budget Impact: Increased maintenance and utility costs should average approximately $2,300 per year. ` Conformance with Plans, Policies, and Legal Obligations: This proposal is listed in the Community Development Plan. POLICY FOR THE ACCEPTANCE OF DONATIONS PURPOSE: Attachment B To establish guidelines for the acceptance of donations of money and other property for public use by Roanoke County. POLICY Money Roanoke County may accept donations of money or cash equivalents from citizens, corporations or other organizations for general County purposes or for specified projects or expenditures. 2. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. Donations for specific purposes or with restrictions shall be deposited in the General Fund in an escrow account established by the Director of Finance and may be expended for general County purposes upon appropriation by the Board of Supervisors. The minimum acceptable donation of money or cash equivalents _with restrictions shall be $1,000 before a unique escrow account may be established 4. Conditions, limitations or restrictions placed upon the donation of money shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. E. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. F. Donations of cash or cash equivalents to the County for general purposes without any restrictions may be deposited into the General Fund of the County. Should the County choose to use this for a specific purpose, an Attachment B appropriation by the Board of Supervisors is required, 2. Real Estate Roanoke County may accept donations of real estate from citizens, corporations or other organizations for general County purposes or for special purposes. 2. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. Donations of real estate shall be reviewed by the appropriate County department for recommendation as to suitability for particular County purposes or needs, and for impact on the County tax base. 4. Environmental audits will be conducted for donated real estate to insure that the County will not accept any real estate contaminated with hazardous wastes, or substances that will cause substantial expense to remediate. The condition, state of repair and compliance with current building and fire codes of any buildings or, structures on the real estate .shall be reviewed to avoid any environmental Hazards or any significant liabilities arising ftonn such conditions. 6. Conditions, limitations or restrictions placed upon the donation of real estate shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. G. Donations with restrictions or for specific purposes should be reviewed by the Department dead, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. ®deer Personal Property Roanoke County may accept donations of personal property from citizens, corporations or other organizations for general County purposes or for 2 specific uses. 2. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. Donations of personal property shall be reviewed by the appropriate County department for recommendation as to suitability for particular County purposes or needs. 4. Conditions, limitations or restrictions placed upon the donation of personal property shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. E. Donations of vehicles may require an increase in the authorized inventory of our fleet unless the vehicle is replacing an existing item. F. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. 4. Miscellaneous Donations of any property with limitations or restrictions on its use shall be reviewed by the receiving department, any impacted Advisory Board, the County Administrator and the Board of Supervisors to determine suitability for general County purposes, and to avoid undue administrative burdens. 2. Acceptance of any donation shall not commit the County to additional funding or obligations to operate or add any new programs, personnel or facilities. �E` Attachment C ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2001 AGENDA ITEM: REPORT ON BENT MOUNTAIN LIBRARY ADDITION, CITIZEN FUND RAISING INITIATIVE COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: Supervisor McNamara requested a report on the status of citizen - initiated fund-raising efforts for the expansion of the Bent Mountain library. This report discusses this initiative and further County actions. BACKGROUND: Earlier this year County staff was approached by Mrs. Joan Carver-, a citizen residing on Bent Mountain, who proposed a plan for the construction of a 550 sq. ft. addition to the Bent Mountain Library to be funded by community fund-raising efforts. Ms. Carver requested a letter from the County Attorney's office that could be given to - prospective donors stating that any donation would be deductible from the donor's individual income tax return as a charitable deduction. Before issuing such a letter I suggested several preliminary actions. Attached is a copy of my letter dated March 22, 2001 to Ms. Carver. This report summarizes those actions. SUMMARY OF INFORMATION: First I recommended that Ms. Carver meet with the School Board Construction Committee to secure its approval of this concept. Since the proposed expansion is located on property of the School Board, its approval is necessary. I am advised that the School Board Construction Committee reviewed this proposal in April, 2001, and generally approved the concept, but indicated that the School Board would not provide any capital or operational funding. Next I recommended that the Library Board be given an opportunity to review and comment upon these plans. The Library Board supports active citizen involvement in the library system and wants to encourage these efforts. However, it expressed two concerns: (i) the overall needs of the system, and how this expansion meshes with the priorities identified in the approved Capital Improvements Plan (CIP), and (ii) that G:\ATTORNEY\PMM\AGENDA\BentMtnLibrary.rpt.dat 1 Attachment C E `�'` any donation of funds be unencumbered (i.e. restrictions or limitations on the use of donated funds may unduly restrict flexibility or cause unnecessary and costly administrative or management problems). With respect to fund-raising and donations, I recommended that her group create a tax exempt organization under Section 501 of the Internal Revenue Code, and that any donations be given to the Treasurer of Roanoke County. She had advised me that she had been collecting donations and depositing them in an account with the Bank of Floyd. I had expressed concerns that these actions may result in tax deductibility problems for the donors. Finally I recommended that she seek the approval of the Board of Supervisors before commencing fund-raising activities. In consideration of the significant cost estimates for this expansion ($89,200 in the CIP, $135, 0007$160, 000 plus 7% A&E estimates from Hill & Associates) , the lack of any matching fund program, the relative low ranking of this project in the CIP, and the long lead time for approval, procurement, design and construction, Board concurrence should be secured before proceeding. The County welcomes citizen initiatives to assist it in the development of capital assets. The Board would gladly accept this project if 1100% of the construction costs were collected and donated. The success of the sports booster club'projec_ts in expanding facilities in County parks is a testament to our citizens and the sense of community in Roanoke County. Absent full funding the Board will have to balance competing demands for services and capital projects among the CIP priorities with limited budget resources. I recommend that the Board review this proposal in the context of its adopted CIP and capital budget; review the recommendations of the School Board Construction Committee and Library Board; and consider approval of this expansion before Ms. Carver commences her fund raising efforts. Action Approved ( ) Motion by Denied ( ) Received ( ) Referred to Respectfully submitted, P,,,L rA . !:n,� 4,�, Paul M. Mahoney County Attorney Church John's on McNamara Minnix Nickens Vote No Yes Abs G:\ATTORNEI�\PMM\AGENDA\BentMtnLibrary.rpt. dat 2 PAUL M. MAHONEY COUNTY ATTORNEY (540) 772-2007 Attachment D %iT L. n of OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800. 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 JOSEPH B. OBENSHAIN FAX (540) 772-2089 SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. I3UFFMAN SENIOR ASSISTANT COUNTY ATTORNEY March 22, 2001 Mrs. Joan Carver 8469 Willett Lane Bent Mountain, Virginia 24059 Re: Bent Mountain Library addition Dear Mrs, Carver: (540) 772-2071 On Tuesday, March 20, 2001, Roanoke County and Roanoke County School Board representatives (John Chambliss, Diana Rosapepe, John Murphy, Richard Flora and I) met with you to discuss your construction and fund-raising plans for an addition to the Bent Mountain Library, which is located in the Bent Mountain Elementary School. On behalf of the Bent Mountain Women's Club, you propose to expand the Bent Mountain Library Branch approximately 550 square feet. This expansion is included in the County's adopted CLP, and total cost in FY 2004-05 is estimated to be $89,200. Mr. Harwood of Hill & Associates estimates these costs to be in the range of $135,000- 160,000, plus 7% for A&E. I recommended that your organization meet with the School Board Construction Committee on April 10, 2001 to secure its approval of this concept. As you are aware, this library branch is located on School Board property. There can be no adverse impact on school uses or operations. Mr. Flora emphasized that there be no expectations that the School Board provide any funds (capital or operation) for this project. Next I recommend that your organization meet with the Library Board on April 25, 2001 to discuss these plans with it, and seek its approval. Finally, I recommend that after these bodies approve these plans, then your organization seek the approval of the Board of Supervisors for this project. I recommend that these approvals in concept occur prior to the comrnencement.of any fund-raising. I believe that the Board would be willing to accept and approve this project if 100% of the construction costs were collected. Without full funding the Board will have to balance competing demands for limited budget resources, and to determine priorities among various CIP projects. Mrs. Joan Carver March 22, 2001 Page 2 Attachment D LAO a M-12 Assuming that these various approvals are accomplished, then I could provide you with a letter to assist your organization in its fund-raising efforts. This letter will address the County's tax exempt status and the opportunity for donations to the County for this project to be eligible for individual income tax deductions. My office has issued similar letters in the past, most recently for the greenway project. Generally these donations must be made directly to the County to be eligible for any deduction. I encouraged you to establish a tax exempt organization under Section 501 of the Internal Revenue Code to accept and control these donations, and to explore the tax exempt status of the Women's Club to determine if it can serve as a vehicle for accepting these donations. I caution you that collecting donations through the Bank of Floyd will not make these amounts eliDible for income tax deductibility. The County cannot waive either State or local licensing fees or building permit fees for this project. If your organization is considering a rade as pari of your fund-raising, then I recommend that you secure the appropriate permits from the Commonwealth of Virginia. Finally I believe that it will be necessary to consider the possibility that your organization will be unable to collect the estimated construction costs for this addition. Will the expectations of the citizens or donors be frustrated if sufficient funds are not. collected? The School Board (through the P.T.A.$) and the County (through its Parks and Recreation Department) have matching fund programs; however, these are limited in their size and scope, and are subject to uniform, consistent policies. Neither program has been used to fund a capital project of this size and cost, nor to circumvent existing public priorities. I look forward to working with you on this project. Your organization has made a generous offer, and on behalf of Roanoke County, I wish to express my appreciation for your hard work and interest in this project. . Very truly yours, ,��AAJA, Paul M. Mal Roanoke County Cc: Board of Supervisors Elmer C. Hodge Richard Flora John Chambliss Diana Rosapepe July 16, 2001 Joan Carver 8469 Willett Lane Bent Mountain, VA 24059 Dear Mrs. Carver: Attachment E On behalf of the members of the Board of Trustees, I would like to thank you and your colleagues, Ms. Nance and Ms. Kroschalis, for meeting with us to explain your plans for a fund raising campaign on behalf of the Bent Mountain Library. It is always encouraging to find citizens who value their library and who are willing to invest both time and effort on its behalf. As Board members, we too, share your interest in the welfare of the library. As we explained in our meeting, we have given extensive and repeated consideration to the needs of the entire system, including an expansion at Bent Mountain. We have expressed our support for it and other construction or renovation needs by endorsing the library's Capital Improvements Projects [CIP]. We believe that the endorsement of the CIP is the proper course of action for the Board of Trustees to take. It is not within our jurisdiction to approve, endorse, or promote a fund raising campaign by any outside individual or group. Such a decision and all related questions more rightly remain with the Board of Supervisors and should be directed to them. We have unanimously decided, therefore, that it would be inappropriate for our Board to involve itself in any citizen's plans for raising funds for the library, beyond reiterating our position that any donations or bequests made to the library should be free from contingencies that preempt the responsibilities of the Library Director and/or staff. Again, I would like to express the Board's appreciation for your presentation and our best wishes for your fund raising efforts. Sincerely, Norma Jean Peters Chair A-031202-4 ACTION NO. ITEM NUMBER E— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2002 AGENDA ITEM: Request for $89,262 Additional Funding for the CORTRAN Transportation Service COUNTY ADMINISTRATOR'S COMMENTS: This is an excellent benefit for our elderly and disabled citizens and the demand has been growing. I recommend that we do an in-depth analysis of utilization of the system. We may want to look at establishing usage criteria to assure that it is available to those who really need to use the system. I also recommend that we increase the co payment from $3.50 to $5.00 for one way in next year's budget rather than this year to allow ample opportunity to inform those who use the service. BACKGROUND: CORTRAN (County of Roanoke Transportation System) is a paratransit transportation service provided to qualified senior and physically challenged residents of Roanoke County. The service is provided by Unified Human Services Transportation System, Inc. (RADAR) who also provides specialized transportation service including the STAR paratransit service for the City of Roanoke and contract transportation for other area Human Service agencies. CORTRAN riders must be sixty (60) years of age or be physically or mentally challenged as per Americans with Disabilities Act (ADA) requirements. The CORTRAN program provides curb to curb service for County residents to any destination within the outer perimeter of Roanoke County (including points within the Cities of Roanoke and Salem) during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. Reservations are made on a first- come, first-served basis, utilizing any of the vehicles available through the RADAR system. We currently charge each passenger $3.50 per one-way trip. The contract cost for RADAR is based on $26 per hour whereby they provide the vehicles, drivers, scheduling, insurance, and all operating costs. Ridership on this program has continued to increase over the past several years. Some of this increase in use is attributed to 1 the enhanced awareness resulting from the video prepared by the Commission for Senior and Challenged Citizens (appointed by the Board of Supervisors to consider the needs of this specialized population within Roanoke County). This video pointed out transportation alternatives available in the Roanoke Valley including the CORTRAN program. Funding increases have been included in the add -back requests for the budget process for the past several years to cover this increased usage, however no funding increase has been included in the final budget. Based on the information included on Attachment A-2, the projected usage for the current fiscal year (FY 2001-02) will result in a deficit of $89,262. The CORTRAN program was initially implemented in 1984 and used eligibility criteria established by the League of Older Americans for the aged and criteria of the Easter Seal program for the physically challenged. In the early years, a limited number of time slots per day were contracted and clients had to phone a week in advance for reservations. Once the slots were filled, the people had to find alternate transportation. This made it difficult to plan medical appointments, particularly treatments, or to use it for routine trips. On July 1, 1997, a $2.50 one-way fare was implemented and the hours of service and contracted time were expanded to address increased demand and usage. The fare was increased to $3.50 per one-way trip effective September, 1999. The number of registered riders has increased from 750 in 1999 to 1,994 today. Nearly 1,100 of these use wheelchairs or require special assistance. Attachments A-1 and A-2 depict the growth over the past three years and the projected use through the remainder of this fiscal year. In September, 1999, the Board asked staff to seek alternative service delivery systems, but not to reduce service to our constituents. We met with the other transportation providers, but they did not have the scheduling system, number of vehicles capable of handling wheelchair clients, or capacity to handle the program. The Commission for Senior and Challenged Citizens also identified other providers who can handle parts of the service delivery system, but not the entire system. The supplement requested needs to become the basis for the budget of this service or policy changes must occur to curtail use. In the past, there were a limited number of slots per day that could be reserved and when that number was filled, others had to plan for a future date or find alternative transportation. We have 2 not placed such a cap on the service since 1997. The STAR program operated in the City of Roanoke for Valley Metro parallels the Valley Metro operating schedule and costs their riders $2.50. In the past, riders and residents using CORTRAN have sought other expansion of services such as extended hours of operation, Sunday service, and other scheduling assistance. The request before you today simply funds the current level of service. ALTERNATIVES: 1. Appropriate $89,262 from the Unappropriated Balance to continue the CORTRAN service through the remainder of this fiscal year. 2. Alter the criteria for eligibility or limit the use of CORTRAN to our residents. 3. Discontinue the service. RECOMMENDATIONS: Staff recommends appropriating the needed funding to continue this transportation system. For many, this is the most reasonable transportation available to them to attend to medical appointments, shopping, training, or other related activities. Persons who reside at facilities that provide van or bus type transportation are encouraged to use those methods, however, bus routes, trips to shopping centers, etc. are not always in proximity to the needed destinations. This is a valuable service for our older and less mobile populations, however, the cost is significant. Respectfully submitted, Approv d by, . 'W' John M. Chambliss, Jr. Elmer C. Hod e Assistant Administrator County Administrator ------------------------------------------- ACTION VOTE No Yes Abs Approved (x) Motion by: Har[y C. Nickens to appropriate Church — x _ Denied ( ) $89.262 additional funding from the Flora — x _ Received ( ) unappropriated fund balance McNamara_ x Referred ( ) Minnix _ x _ To ( ) Nickens _ x cc: File John M. Chambliss, Jr., Assistant Administrator Danial Morris, Director, Finance Diane D. Hyatt, Chief Financial Officer ATTACHMENT A-1 25-3 FISCAL YEAR 1998-1999 COST $22.75 per hour BUDGET $105,200 Month Year No. of Days Act. Cost Riders Hours Fares Used Collected ------------ Jul ---------------------------- 1998 -- 22 -------- ----------- --------------- 9,427.00 ------------------ 804 --------------------- 511.00 1,615.00 Aug 1998 21 9,203.06 878 494.75 1,852.50 Sep 1998 21 8,320.50 887 462.00 1,990.00 Oct 1998 22 10,957.94 938 569.25 1,792.50 Nov 1998 19 8,982.94 985 489.25 1,947.50 Dec 1998 21 8,426.00 745 444.00 1,475.00 Jan 1999 19 8,445.00 715 440.00 1,365.00 Feb 1999 20 12,266.56 951 628.75 1,837.50 Mar 1999 22 9,847.13 736 503.50 1,407.50 Apr 1999 21 9,193.31 851 485.75 1,657.50 May 1999 20 12,655.81 1,139 665.75 2,290.00 Jun 1999 22 12,426.19 1,159 652.25 2,212.50 May ------------------ 250 ----------------------------------- 120,151.44 ----------- 10,788 -------- --------------------- 6,346.25 21,442.50 FISCAL YEAR 1999-2000 COST $24.00 per hour BUDGET $105,200 Month Year No. of Days Act. Cost Riders Hours Fares Used Collected Jul 1999 21 9,453.50 943 477.75 1,812.50 Aug 1999 22 13,925.00 1,129 682.50 2,255.00 Sep 1999 21 10,473.00 990 555.25 2,653.00 * Local Fare Increase Oct 1999 20 9,633.00 929 515.00 2,527.00 Nov 1999 20 10,794.00 1,025 574.75 2,800.00 Dec 1999 22 9,294.00 806 491.25 2,296.00 Jan 2000 21 6,779.50 637 368.25 1,858.50 Feb 2000 21 9,857.50 920 528.00 2,614.50 Mar 2000 20 9,681.72 871 495.25 2,495.50 Apr 2000 20 9,958.00 938 535.25 2,688.00 May 2000 21 10,478.00 1,039 561.00 2,789.00 Jun 2000 21 11,586.69 945 571.50 2,565.50 250 121,913.91 11,172 6,355.75 29,354,50 FISCAL YEAR 2001-2002 COST $26.00 per hour BUDGET $105,200 Month ATTACHMENT A-2 No. of Days Act. Cost Riders Hours Fares FISCAL YEAR 2000-2001s Jul 2001 20 17,258.00 COST $25.00 per hour BUDGET $105,200 2,677.50 Month Year No. of Days Act. Cost Riders Hours Fares Sep 2001 20 14,468.50 1,070 Used Collected Jul 2000 20 11,327.12 995 570.25 2,670.50 Aug 2000 24 13,275.50 1,136 654.50 3,087.00 Sep 2000 20 12,069.75 979 593.25 2,761.50 Oct 2000 21 15,498.25 1,137 744.25 3,108.00 Nov 2000 21 14,491.75 1,048 694.75 2,877.00 Dec 2000 19 10,546.50 796 506.00 2,103.50 Jan 2001 20 13,951.00 1,065 672.00 2,849.00 Feb 2001 22 10,684.00 1,034 539.50 2,803.50 Mar 2001 23 11,390.00 1,070 572.50 2,922.50 Apr 2001 20 13,743.00 1,143 679.50 3,244.50 May 2001 20 14,553.50 1,015 697.50 2,884.00 Jun 2001 20 14,239.25 901 669.25 2,492.00 250 155,769.62 12,319.00 7,593.25 33,803.00 FISCAL YEAR 2001-2002 COST $26.00 per hour BUDGET $105,200 Month Year No. of Days Act. Cost Riders Hours Fares Used Collected Jul 2001 20 17,258.00 1,046 766.75 2,677.50 Aug 2001 24 17,934.50 1,208 808.25 3,080.00 Sep 2001 20 14,468.50 1,070 660.00 2,691.50 Oct 2001 21 16,003.00 1,135 724.00 2,821.00 Nov 2001 21 15,516.00 1,056 691.00 2,450.00 Dec 2001 19 16,614.00 1,182 742.00 2,677.50 Jan 2002 20 15,642.00 993 692.75 2,369.50 Feb 2002 22 Mar 2002 23 Apr 2002 20 May 2002 20 Jun 2002 20 250 113,436.00 7,690.00 5,084.75 18,767.00 Projected Totals 194,462.00 13,183.00 8,716.75 32,172.00 A-031202-5 Action No. Item No. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2002 AGENDA ITEM: Authorization of an agreement with Sims Automotive, Inc. accepting a public drainage easement, approving the encroachment of a building into said easement, subject to certain conditions COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This is a request by the developer to construct parkingfacilities and a small portion of a building over a drainage easement that will be piped and covered with fill material. We generally do not allow that, but it is acceptable in this case with the understanding that the developer will be responsible for the maintenance of the facility including the building over the easement. This is an excellent project and we are delighted to have them in the County. This is a process we may possibly want to consider in the future. BACKGROUND: The County entered into a Performance Agreement dated December 5, 2001 with Sims Automotive, Inc. (Sims) anticipating the construction of several automotive dealerships in the Clearbrook area of Roanoke County. Sims is in the process of developing a 4.66 -acre parcel (Tax Parcel No. 88.03-1-33). During the engineering design of this development, Sims determined that it would be necessary to construct one of its buildings in a manner that would encroach into a public drainage easement. This public drainage easement would replace a natural water course that currently exists on this property. SUMMARY OF INFORMATION: First, Sims will dedicate and the County accept a public drainage easement to replace the natural water course existing on this property. During the grading and construction on this property the natural watercourse will be eliminated. Section 510.00 (copy attached) of the County's Drainage Standards requires a public drainage easement when a natural drainage way is altered. Next, Sims is requesting that the County approve the encroachment of a building into this public drainage easement. Due to the size and shape of this property, and the location of other structures and improvements thereon, it appears that the proposed location of the service building will encroach into the public easement. Sims is requesting that the County approve and allow this encroachment. Once an easement is dedicated and accepted by the County, then the County accepts the G:\BOARD\2002\Mar 12\3-12-bdrpt-easem ent.doc W - responsibility and liability for future maintenance of that easement and any improvements therein. Final engineering design is not yet complete, however, it appears that a large concrete or HDPE pipe will be installed to handle this storm water. The encroachment of this building into the public easement increases the County's potential liability for future maintenance obligations. Therefore, any approval of this encroachment should be conditioned upon Sims accepting responsibility and liability for future maintenance for that portion of the easement subject to the encroachment. In addition, notice of this encroachment and Sims' acceptance of liability should be recorded among the land records of the Clerk of the Circuit Court. Finally, it is requested that the Board authorize the County Administrator to execute an agreement on behalf of the County with Sims upon form approved by the County Attorney incorporating the above described approvals and conditions. A portion of the draft plans showing this encroachment is attached. FISCAL IMPACTS: The acceptance of easements for public services (water, sewer, drainage) dedicated by developers will always result in increased costs to the County. The benefits of these developments should outweigh these costs. STAFF RECOMMENDATION: Staff recommends that the Board accept this storm water drainage easement, approve the building encroachment into this easement, subject to the conditions that Sims accept responsibility and liability for future maintenance and that the Board authorizes the County Administrator to execute an agreement incorporating these matters, all upon form approved by the County Attorney. Respectfully submitted: Paul M. Mahoney County Attorney ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: H. Odell Minnix to authorize Church _ x _ Denied () execution of agreement Flora _ x _ Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens _ x _ cc: File Paul Mahoney, County Attorney Arnold Covey, Director, Community Development G:\BOARD\2002\Mar120-12-bdrpt-easement.doc 2 IM r� 510.00 MAINTENANCE OF STORM SEWER SYSTEMS AND STORMWATER MANAGEMENT SYSTEMS Easements shall be dedicated during the land development process when the topography and the natural drainageways are altered. Drainage easements are required for the maintenance of storm sewer systems, open channels as defined by the Vircrinia Erosion and Sediment Control Handbook, improved drainageways, and for stormwater management facilities. Access easements are necessary to maintain a drainageway, stormwater management facilities, or storm sewer system located on private property. Furthermore, drainage easements are intended to restrict private property owners from disturbing land contained in the easement in such a manner as to alter the drainageway to the detriment of neighbors upstream or downstream. Similarly, easements for underground pipes assure that no other permanent structures will be allowed. The purpose of this section is to define the responsibility for the maintenance of storm drainage and stormwater management facilities located in the dedicated easements. Public maintenance responsibility will not be accepted for detention/ retention facilities with a permanent pool, or for underground storage tanks. 510.01 Sinctle family, townhouse and condominium developments The maintenance of the storm sewer systems and stormwater management facilities located in properly dedicated easements will be the responsibility of the related Homeowners' Association or property owner. Roanoke County may accept maintenance responsibility for storm drainage facilities which are in open common areas with adequate access, all subject to written application and consideration on an individual basis. The following note shall be added to the easement plat: "The Homeowners' Association or property owner of this development shall assume the maintenance responsibility of the storm drainage system and of the stormwater management facility located therein, and contained within an easemen properly dedicated." V 6 P P. 9 2002 The note shall be modified accordingly where maintenance of the storm sewer system is accepted by the County. 510.02 Offices, shopping centers, rental multi-family dwelling, mobile home Parks, commercial, industrial and institutional development For maintenance of storm drainage systems and stormwater management facilities located in commercial, office, industrial, rental multi-family dwellings, mobile home parks or similar uses, the following note shall be added to the plat: "The owner of fee title to the property on which an easement is shown is responsible for maintenance of the storm drainage and stormwater management facilities located therein." 32 D N Q Q) 0 0 � N uj Z V ti ti Li -p ti C� LQi1 N Q O W "4cr Q o=W`o`o ooQ o c1(n h Cr-� U Wcz N�2N O O Q z� 00CS oCL o�Q ccr— acd� OWA ala Q N N �_ .� ltl (n Cd °i o y oev LE c (n y Z cc � z � x e � a W M aot►°.ass Q Lij �,N QQ- fG oma. t►'S �Z" Q� m Q o AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2002 ORDINANCE 031202-6 AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF A NEW SECTION 2-7. REIMBURSEMENT OF EXPENSES INCURRED FOR EMERGENCY RESPONSE TO ACCIDENTS OR INCIDENTS CAUSED BY DRIVING WHILE IMPAIRED WHEREAS, the operation of a motor vehicle, engine, train, or watercraft while under the influence of alcohol or drugs often results in accidents or incidents requiring emergency response by Roanoke County law enforcement, fire -fighting, rescue and emergency medical personnel and volunteers; and WHEREAS, the County incurs reasonable expenses in providing an appropriate emergency response to such accidents or incidents; and WHEREAS, Section 15.2-1716 of the Code of Virginia authorizes any locality in this Commonwealth to adopt an ordinance to recover in a separate civil action the reasonable expenses incurred in providing an appropriate emergency response, subject to certain statutory limitations; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby finds that the adoption of such an ordinance is in the public interest; and WHEREAS, the first reading of this ordinance was held on February 26, 2002; and the second reading was held on March 12, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That a new Section 2-7. Reimbursement of Expenses Incurred for EmergencX Response to Accidents or Incidents Caused by Driving While Impaired be adopted to read and provide as follows: Chapter 2. Administration Article I. In General Section 2-7. Reimbursement of Expenses Incurred for Emergency Response to Accidents or Incidents Caused by Drivinq While Impaired (a) Any person who is convicted of violation of Section 12-8 of this Code, or of Sections 18.2-51.4, 18.2-266 or Section 29.1-738 of the Code of Virginia, when his operation of a motor vehicle, engine, train or water craft while impaired is the proximate cause of any accident or incident resulting in an appropriate emergency response, shall be liable in a separate civil action to the county, for the reasonable expense thereof, in an amount not to exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident. In determining the "reasonable expense," the County may bill a flat fee of one hundred dollars ($100.00) or a minute -by -minute accounting of the actual costs incurred. (b) As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, firefighting, rescue, and emergency medical services. (c) The provisions of this section shall not preempt or limit any remedy available to the commonwealth, the County, or any fire/rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving or operation of a vehicle as set forth herein. 2. Any expenses recovered shall be deposited into the General Fund and appropriated annually to the Police Department and the Fire & Rescue Department operating budgets based upon an estimate of the proportional expenses incurred in 2 responding to such accidents or incidents. 3. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Church NAYS: None PRESENT: Supervisors McNamara, Nickens A COPY TESTE: ' C -44 -e - Mary H. Allen, CMC Clerk to the Board of Supervisors 0 to cc: File Paul M. Mahoney, County Attorney Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Janet Scheid, Senior Planner David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue PH AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2002 RESOLUTION 031202-7 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 March 12, 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 7, inclusive, as follows: Approval of Minutes - January 8, 2002 2. Confirmation of Committee appointment to the Blue Ridge Behavioral Healthcare Board of Directors. 3. Release to Novozymes Biologicals Inc. from environmental liability for stormwater runoff. 4. Resolutions of appreciation upon the retirements of: a. Lewis W. Crossgrove, Utility Billing Department, after fourteen years of service b. Michael S. McGuire, Police Department, after twenty-five years of service C. James A. Shelton, Sheriffs Office, after twenty-one years of service 5. Acceptance of water and sewer facilities serving Belle Grove, Phase 3. 6. Request from Schools to accept $2,449 funding from the Refugee Children School Impact Grant. 7. Request to appropriate $40,000 to build a shoot house at the regional firearms training center. 2. That the Clerk to the Board is hereby authorized and directed where required 1 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 Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Doug Chittum, Director, Economic Development Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Joy Wright, Supervisor, English K-12/ESL Danial Morris, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board John M. Chambliss, Jr., Assistant Administrator Ray Lavinder, Chief of Police Gerald Holt, Sheriff Rebecca Owens, Finance 6 ACTION NO. A -031202-7.a 031202- `•a ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2002 AGENDA ITEM: Confirmation of Committee Appointments to the Blue Ridge Behavioral Healthcare Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS The three year term of Roger Laplace, County Representative, expired December 31, 2001. At the February 26, 2002 meeting, Supervisor Nickens asked the Clerk's Office to notify The Board and Mr. LaPlace to see if he is willing to serve another term. Blue Ridge Behavioral Healthcare was contacted and we were advised that Mr. LaPlace has been an active member of the Board and is interested in serving another term. Supervisor Nickens is therefore nominating him to serve another three-year term which will expire on December 31, 2004 and asked that he be confirmed by the Board of Supervisors. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed. Submitted by: Approved by, &�,� //4, , " I — Mary H. Allen CMC Elmer C. Hodge Clerk to the Board ------------------------------------------------------------------------------------------------------------------ County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to approve Church _ x Denied () Flora _ x Received () McNamara_ x _ Referred () Minnix _ x To () Nickens _ x cc: File Blue Ridge Behavioral Healthcare Board of Directors File A -031202-7.b ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2002 AGENDA ITEM: Release to Novozymes Biologicals Inc. from environmental liability for storm water runoff COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. In thefuture we will want to include the company's responsibility in the sales contract. I checked with other localities to see how they handle these situations and this seems to be the general practice. BACKGROUND: Novozymes Biologicals, Inc. has requested a release from Roanoke County from ally environmental liability associated with storm water runoff from other business operations in the Center for Research & Technology (CRT). Novozymes will own the property on which a storm water detention facility will be constructed. It is anticipated that this facility will handle multiple users within CRT. The County has agreed to maintain this facility. SUMMARY OF INFORMATION: Roanoke County agrees to release Novozymes from environmental liability associated with storm water runoff from other business operations located in CRT. This release is subject to a comparable release from Novozymes to the County from environmental liability associated with the County's operations, other business's operations, or the County's maintenance of the storm water facility. Finally, Novozymes will have the burden of proving that any release of contamination or environmental liability is not associated with or caused by Novozymes from any of its operations. Finally, this release is limited to the extent that such a release is permitted by the laws of the Commonwealth of Virginia. RECOMMENDATIONS: It is recommended that the County Attorney is authorized to execute such documents as may be necessary to accomplish the purposes of this action. G:\BOARD\2002\Mar12\3-12-ws-novozymes.doc ME Respectfully submitted, m. Paul M. Mahoney Roanoke County Attorney -------------------------------------------------------------------------------------- ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C Nickens to approve Church _ x Denied () Flora _ x _ Received () McNamara_ x — Referred () Minnix — x To () Nickens — x cc: File Paul Mahoney, County Attorney Doug Chittum, Director, Economic Development U:\WPDOCS\AGENDA\ECON\novozymes.stormwater.rls.wpd i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2002 RESOLUTION 031202-7.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF LEWIS W. CROSSGROVE, UTILITY BILLING, AFTER FOURTEEN YEARS OF SERVICE WHEREAS, Lewis W. Crossgrove was first employed by Roanoke County on November 16, 1987, on a part-time basis and March 21, 1988, on a full-time basis as a Meter Reader in the Utility Billing Department; and WHEREAS, Mr. Crossgrove retired from Roanoke County on February 1, 2002, as a Meter Reader after fourteen years and two months of service; and WHEREAS, Mr. Crossgrove maintained an exemplary attendance record, and was an extremely dependable and conscientious employee; and WHEREAS, Mr. Crossgrove, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to LEWIS W. CROSSGROVE for over fourteen years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 1 On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTS: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Danial Morris, Director, Finance Joe Sgroi, Director, Human Resources 2 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2002 RESOLUTION 031202-7.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL S. MCGUIRE, POLICE DEPARTMENT, AFTER TWENTY-FIVE YEARS OF SERVICE WHEREAS, Michael S. McGuire was first employed by Roanoke County on February 1, 1977, as a Sergeant in the Sheriffs Office; and also served as a Criminal Investigator, Uniform Police Officer and Corrections Officer, in the Police Department; and WHEREAS, Lt. McGuire retired from Roanoke County on February 1, 2002, as a Police Lieutenant after twenty-five years of service; and WHEREAS, Lt. McGuire was assigned to the DEA Task Force in the 1980's and worked with the City of Roanoke to establish the Task Force concept that exists today; and WHEREAS, Lt. McGuire has managed the Criminal Investigations Division of the Police Department for the last five years and was instrumental in developing that unit into an efficient, well-managed division; and WHEREAS, Lt. McGuire assisted the Police Department greatly in the construction of the new firing range by doing most of the electrical work and using his construction skills to aid in the timely completion of the range; and WHEREAS, Lt. McGuire, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 1 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MICHAEL S. MCGUIRE for twenty-five years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: —f>--) �d'--_;Zv/. ( 2...1.2.,,e..x., Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Ray Lavinder, Chief of Police Joe Sgroi, Director, Human Resources 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2002 RESOLUTION 031202-7.e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF JAMES A. SHELTON, SHERIFF'S OFFICE, AFTER TWENTY-ONE YEARS OF SERVICE WHEREAS, James A. Shelton was first employed by Roanoke County on July 1, 1980, as a Deputy Sheriff; and also served as Deputy Sheriff Corporal; and WHEREAS, Deputy Sheriff Sergeant Shelton retired from Roanoke County and the Sheriff's Office on February 1, 2002, after twenty-one years and six months of service; and WHEREAS, Deputy Sheriff Sergeant Shelton did an excellent job managing the Inmate Trustee Program, the Inmate Workforce Program outside the jail facility, and overseeing the Maintenance Program of the facility; and WHEREAS, Deputy Sheriff Sergeant Shelton, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JAMES A. SHELTON for over twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 1 On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Gerald Holt, Sheriff Joe Sgroi, Director, Human Resources 2 A -031202-7.f ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 12, 2002 SUBJECT: Acceptance of Water and Sewer Facilities Serving Belle Grove, Phase 3 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Belle Grove, Phase 3, Belle Grove Development Corporation, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sanitary sewer facilities are installed, as shown on plans prepared by Pierson Engineering and Surveying entitled Belle Grove, Phase 3, which are on file in the Community Development Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $16,250.00 and $ 13,400.00 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Belle Grove, Phase 3 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. -r— SUBMITTED BY: APPROVED: i/is� - '/"JQ I I � Gary Robertson, Elmer C. Hodge Utility Director County Administrator -------------------------------------------------------------------------------------------------------------- ACTION VOTE No Yes Abs Approved (x) Motion by: Harte C. Nickens to approve Church — x Denied () Flora _ x Received () McNamara_ x — Referred () Minnix — x To () Nickens — x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development COPY Return To: Roanoke County Attorney's Office THIS CHATTEL DEED, made this 27th day of February , 2002, by and between Belle Grove Development Corporation a Virginia Corporation, hereinafter, referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby aclulowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows, to wit: As shown on the plan entitled Belle Grove, Phase 3 , made by Pierson Engineerin-ind Surveying— and on file in the Roanoke County Department of Community Development. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will preform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 20 2 WITNESS THE FOLLOWING signatures and seals: Developer: Belle Grove Development Corporation Address: 112 Kirk Ave. Roanoke, �f Virginia 24011 Y As: Title State of. Virginia , County/City of: Roanoke , to wit: The foregoing instrument was aclmowledged before me this: 7 f — , day of 20 } , By: TERRY E. PARCELL Its PRESIDENT Duly authorized officer (typed name) Title on behalf of: BELLE GROVE DEVELOPMENT CORPORATION Notary Publi My Commission expires: 3 Approved as to form: Board of Supervisors of Roanoke County, Virginia SEAL) County Attorney State of: County/City of. Elmer C. Hodge County Administrator Virginia Roanoke , to wit: The foregoing instrument was acknowledged before me this: , day of , 20 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: 11 SHADWELL DRIVE a - o nc SITE U � I- x I O � K O - VICIATITY MAP °a / / -b SSMH i ZZA/' /� � 8" � WATER 8" SANITARY SEWER SSAM \ y \ \ \ BELLE GROVE, "\ PHASE 2 ROANOKE COUNTY BELLE GROVE, PHASE 3 UTILITY DEPARTMENT Acceptance of the Water and Sanitary Sewer facilities ACTION # ITEM NUMBER A -031202-7.g MEETING DATE: March 12, 2002 AGENDA ITEM: Refugee Children School Impact Grant COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Virginia Department of Education received a continuation of a federal grant to provide services to school divisions that serve Language English Proficient and refugee students. Roanoke County Schools was found eligible for such funding. SUMMARY OF INFORMATION: Four refugee students enrolled in Roanoke County Schools as of September 30, 2001. ESL teachers have suggested that the grant be utilized to employ _ the current part-time ESL teacher for two additional hours per week, purchase new and innovative ESL materials, and to contract interpreter services for conferences. FISCAL IMPACT: No local matching required. STAFF RECOMMENDATION: Staff recommends appropriation of $2,449 to to utilized as requested. Mrs. Joy Wright Supervisor English K-12/ESL 6� Aa X� Signature Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes! Abs Approved (x) Motion by: Harry C. Nickens to approve Church — x — Denied ( ) Flora _ x — Received ( ) McNamara_ x _ Referred ( ) Minnix — x _ To ( ) Nickens _ x cc: File Joy Wright, Supervisor, English K-12/ESL Danial Morris, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board A -031202-7.h ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 5, 2002 AGENDA ITEM: Request to Appropriate $40,000 to Build a Shoot House at the Regional Firearms Training Center COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Police and Sheriff's offices of the City of Roanoke and the County of Roanoke are working together to construct a shoot house at the regional firearms training center. Each of the four departments are forwarding $10,000 of their training monies to be able to construct this facility. The new facility will allow swat teams, as well as other officers to learn skills towards dealing with hostile situations and the difficulties that they may encounter while entering a building. FISCAL IMPACT: The two Roanoke County offices will be transferring $10,000 each to this account and the Board needs to accept and appropriate the two $10,000 payments coming from the two Roanoke City agencies. No new County money is involved. RECOMMENDATIONS: Staff recommends that the Board of Supervisors accept the four $10,000 payments for the capital account at the Regional Firearms Training Center and appropriate said monies for the development of the shoot house. 1 RAM Respectfully submitted, Approv5d by, ,J/-7�'y y hn M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to approve Church _ x Denied () Flora _ x Received () McNamara_ x _ Referred () Minnix _ x _ To () Nickens _ x _ cc: File John M. Chambliss, Jr., Assistant Administrator Ray Lavinder, Chief of Police Gerald Holt, Sheriff Rebecca Owens, Finance Danial Morris, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 12, 2002 RESOLUTION 031202-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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 Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Closed Meeting File