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HomeMy WebLinkAbout6/13/2006 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSITRATION CENTER ON JUNE 13, 2006 RESOLUTION 061306-1 REQUESTING APPROVAL AND SUPPORT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECT (0720-080-299, P-101, R-201, C-501) COLONIAL AVENUE (ROUTE 720) WHEREAS, the Virginia Department of Transportation held a design public hearing on October 24, 2005 for the purpose of soliciting public comments on the proposed improvements to Colonial Avenue (Route 720); and WHEREAS, the Virginia Department of Transportation feels they have adequately addressed the public comments as submitted to them for this project; and WHEREAS, the Board of Supervisors does hereby approve and support the improvements as proposed to Colonial Avenue (Route 720) as outlined in Roanoke County's Secondary Roads System Six -Year Improvement Plan for Fiscal Years 2006 — 2012. NOW, THEREFORE, BE IT RESOLVED, that a certified copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation, Salem Residency Office, by the Clerk to the Board of Supervisors. Moved by: Supervisor Wray Seconded by: None Required Yeas: Supervisors McNamara Church Altizer, Flora, Wray Nays: None Apy Teste: o : 10 ) S, d�L Diane S. Childers, CMC - Clerk Roanoke County Board of Supervisors pc: Anthony Ford, Transportation Engineering Manager Virginia Department of Transportation File I hereby certify that the foregoing is a true and correct copy of Resolution 061306-1 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, June 13, 2006. Brenda J. Holton, Deputy Clerk AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2006 RESOLUTION 061306-2 OF SUPPORT FOR THE SHERIFF OF ROANOKE COUNTY TO WITHDRAW FROM THE CARDINAL CRIMINAL JUSTICE TRAINING ACADEMY WHEREAS, the Sheriff of Roanoke County has expressed his intention to withdraw the Roanoke County Sheriff's Office from membership in the Cardinal Criminal Justice Training Academy; and WHEREAS, the Roanoke County Police Department previously withdrew from membership in the Cardinal Criminal Justice Training Academy in June, 2001; and WHEREAS, Section 15.2-1747.D of the Code of Virginia, 1950, as amended, provides that any governmental unit may withdraw from an academy created under this section or Section 15.2-1300 upon a two-thirds vote of the board of directors of the academy, and that a governmental unit seeking to withdraw shall signify its desire by resolution or ordinance, and that the board of directors shall consider requests to withdraw in October 2001 and in October of every fifth year thereafter; and WHEREAS, Roanoke County is exploring the opportunities to form an independent training academy, or change its membership to another regional training academy, or affiliate with another training academy through a satellite agreement, or create a new regional academy to serve the needs of the Roanoke region; and WHEREAS, supporting the intention of the Roanoke County Sheriff to withdraw from the Cardinal Criminal Justice Training Academy will better serve the criminal justice needs and interests of the citizens of Roanoke County. 1 NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it supports the desire and intention of the Roanoke County Sheriff to withdraw from membership in the Cardinal Criminal Justice Training Academy. 2. That if Roanoke County is deemed by the board of directors of the Cardinal Criminal Justice Training Academy, the Department of Criminal Justice Services, or a court of competent jurisdiction to be the "governmental unit" that is a member of the Cardinal Criminal Justice Training Academy, that the Board of Supervisors ratifies, reaffirms and confirms its previous withdrawal from said academy. 3. That it commends the board of directors of the Cardinal Criminal Justice Training Academy to approve this request by the Roanoke County Sheriff to withdraw from membership in said academy in the spirit of comity and goodwill and in recognition of the constitutional independence of elected sheriffs in the Commonwealth of Virginia. 4. That the Clerk to the Board is directed to send a copy of this resolution to each member jurisdiction of the Cardinal Criminal Justice Training Academy and the Criminal Justice Services Board. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None AOPY TESTE: X117AO Diane S. Childers, CMC Clerk to the Board of Supervisors 2 cc: File Cardinal Criminal Justice Training Academy, Member Agencies Leonard G. Cooke, Director, Virginia Department of Criminal Justice Services Gerald Holt, Sheriff, Roanoke County John M. Chambliss, Jr., Assistant County Administrator Paul M. Mahoney, County Attorney I hereby certify that the foregoing is a true and correct copy of Resolution 061306-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, June 13, 2006. Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2006 ORDINANCE 061306-3 APPROVING A LEASE FOR GARAGE PURPOSES FROM ADAMS REALTY, LLC, LOCATED AT 900 CAROLINA AVENUE, SALEM, VA WHEREAS, the County of Roanoke seeks to rent a facility for garage purposes located at 900 Carolina Avenue, Salem, VA on property owned by Adams Realty, LLC, c/o Roger Turner; and, WHEREAS, this lease is for a period of one year commencing July 1, 2006 and terminating June 30, 2007, with an option to renew for an additional one year term and thereafter on a month to month basis; and WHEREAS, the first reading on this ordinance was held on June 13, 2006; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the lease of a garage facility from Adams Realty, LLC consisting of 2880 square feet for an initial term effective as of July 1, 2006, through June 30, 2007, with an option to renew for an additional one year term and thereafter on a month to month basis, at an annual rental of Sixteen Thousand Two Hundred Dollars ($16,200) is hereby authorized and approved. 2. That the rent payment shall be paid from the garage budget. n 0 3. That the County Administrator or any Assistant County Administrator is authorized to execute this lease on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Altizer to waive the second reading and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: k I/,? A /) I , �' �i,14ZL Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Anne Marie Green, Director, General Services Rebecca Owens, Director, Finance Paul Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2006 RESOLUTION 061306-4 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 June 13, 2006, 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 23, 2006 2. Resolution of appreciation to Nancy S. MacKechnie, Library Services, upon her retirement after five years of service 3. Request from the schools to appropriate funds totaling $35,933.99 4. Acceptance of a portion of Wilson Mountain Road, Route 819, Cave Spring Magisterial District, into the Virginia Department of Transportation secondary system 5. Request to accept the donation of an approximately 20 foot drainage easement across property of Flora L. Ogden and Jerry W. Ogden, Cave Spring Magisterial District 6. Request to appropriate $56,092.05 to the Clerk of the Circuit Court from the state for fiscal year 2005-2006 7. Request to renew a contract to provide Commonwealth's Attorney services to the Town of Vinton for $6,000 and appropriation of funds for 2006-2007 8. Request from the Police Department to accept and appropriate a Division of Motor Vehicle Mini -Grant in the amount of $3,000 Roanoke QOURty Sehoels, te the Community PeliGy and Management Team ( T) 2. 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 Altizer to adopt the resolution with Item 9 removed, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A OPY TESTE: 9& Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Anthony Ford, Transportation Engineering Manager Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney Brent Robertson, Director, Management and Budget\ Diane D. Hyatt, Chief Financial Officer Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Steven McGraw, Clerk of Circuit Court Randy Leach, Commonwealth Attorney Kevin Boggess, Vinton Town Manager 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2006 RESOLUTION 061306-4.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO NANCY S. MACKECHNIE, LIBRARY SERVICES, UPON HER RETIREMENT AFTER FIVE YEARS OF SERVICE WHEREAS, Nancy S. MacKechnie was first employed by Roanoke County on April 2, 2001, as Hollins Branch Librarian; and WHEREAS, during her tenure as Branch Librarian, Ms. MacKechnie demonstrated the highest standards of professionalism and positive customer service; and WHEREAS, Ms. MacKechnie also acted as both mentor and leader to her staff, encouraging them to meet and surpass citizens' expectations of service, to provide a diverse collection of materials, to create interesting and content -rich courses in public instruction, and to be an information resource to the community; and, WHEREAS, Ms. MacKechnie's actions and those of her staff earned the respect, affection, and appreciation of citizens, businesses, and colleagues; and WHEREAS, Ms. MacKechnie oversaw the extensive , reorganization and refurbishment of the Hollins Branch Library, demonstrating care and thoughtful decision- making, which helped to restore the library to a bright and appealing environment for patrons; and, WHEREAS, Ms. MacKechnie retired from Roanoke County on June 1, 2006, after five years and two months of service; and WHEREAS, Ms. MacKechnie, through her 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 NANCY S. MACKECHNIE for more than five years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None APY TESTE: rm I � I � � , 4- - -eL� Diane S. Chil ers, CMC Clerk to the Board of Supervisors cc: File Resolution of Congratulations File K ACTION NO. A -061306-4.b ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2006 AGENDA ITEM: Request from the schools for appropriation of funds totaling $35,933.99 SUBMITTED BY: Dr. Lorraine Lange Superintendent APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County schools requests that the Board appropriate the following funds: Roanoke County Schools and Virginia Western Community College (VWCC) have an agreement whereby the college provides college level courses in English, US History, and certain vocational subjects. The courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses; therefore, a request for appropriation of additional funds is necessary. Roanoke County Schools collected $84,210 in tuition from 923 students. VWCC reimbursed $153,463.21 for services rendered. The school division owes VWCC $204,617.62 for tuition, technology and college service fees. The difference between what was collected and what was spent is $33,055.59. 2. Since the inception of student industry certification testing, the cost of tests has been the responsibility of the individual students and/or the local school system. The 2005 General Assembly appropriated funds to reimburse the students and school system for the expense. Roanoke County Schools is requested $2,878.40 in reimbursements. FISCAL IMPACT: The instructional budget will be increased by $33,055.59. The Career and Technical Education budget will be increased by $2,878.40. ALTERNATIVES: None STAFF RECOMMENDATION: Roanoke County schools requests funds totaling $35,933.99 be appropriated as outlined above. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, IN REGULAR MEETING ON THE 13" DAY OF JUNE, 2006, ADOPTED THE FOLLOWING: RESOLUTION 061306-4.c REQUESTING ACCEPTANCE OF A PORTION OF WILSON MOUNTAIN ROAD, ROUTE 819, CAVE SPRING MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form LA -5(A), fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Additions Form LA -5(A) to the Secondary System of State Highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and: BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Moved by: Supervisor Altizer Seconded by: None Required Yeas: Supervisors McNamara, Church, Altizer, Flora, Wray Nays: None A qopy Teste. )117 14 S, Diane S. Childers, CMC - Clerk Roanoke County Board of Supervisors pc: Anthony Ford, Transportation Engineering Manager Virginia Department of Transportation File I hereby certify that the foregoing is a true and correct copy of Resolution 061306-4.c adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, June 13, 2006. Brenda J. Holton, Deputy Clerk m L 0 T Q L y R 4 u m Q d G V F � � E A G C rW L m F � N 0 F � c 5 It o aCi 0 d q C Z C. OD a W C U � o U Q [I) U r U1 C cd CD QU E H C. T E" O s C ti G to 0 6 o � '" u � e or 4 0 ° Loo Cl. m o W Y � 3 0] 3s v O� h M h V co U t.D N OD no N to a 0 0 c 0 N N C = Z C z e_ _L: 9] a o o x c ° c u d Q C U b C En m N C u L G U a 9 g w C U $ G V C W V 72 v v v U 2 o m o c o c a o c is o c s o c R o c W F- ro m 4; :: m 6 ;0- ?: V W C G C E Z e � e 0 e 0 3 3 3 R 4 u m V F � � E A rW L F � F � c It o aCi 0 d q C Z C. OD a W C U � o U Q [I) U r U1 C cd E H C. T E" O s C ti G u 6 z ACTION NO. A -061306-4.d ITEM NO. 1-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2006 AGENDA ITEM: Request to accept the donation of an approximately 20 foot drainage easement across property of Flora L. Ogden and Jerry W. Ogden, Cave Spring Magisterial District SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors of Roanoke County for a 20 foot width drainage easement along Poff Lane in the Cave Spring Magisterial District: Donation by Flora L. Ogden and Jerry W. Ogden of a 20 foot width drainage easement across property located on Poff Lane in the Cave Spring Magisterial District. The location of said easement is shown on a plat entitled "Exhibit A" being granted to County of Roanoke, Virginia, by Flora L. Ogden and Jerry W. Ogden, located on Poff Lane (D.B. 1378, Pg. 903), Cave Spring Magisterial District, Roanoke County, Virginia, dated December 7, 2005, prepared by Caldwell White Associates The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. 1 VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney ACTION NO. A -061306-4.e ITEM NO. 1-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2006 AGENDA ITEM: Request to appropriate $56,092.05 to the Clerk of the Circuit Court from the state for fiscal year 2005-2006 SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Additional technology trust funds, representing fees collected by the Roanoke County Circuit Court Clerk's office, have been received from the state in the amount of $56,092.05. These additional funds have been earmarked for the purpose of purchasing software, hardware, maintenance, and related upgrades to the indexing software utilized by the courts. These funds need to be appropriated to the Clerk of Circuit Court so that the necessary computers and equipment can be purchased. FISCAL IMPACT: There is no fiscal impact; 100% state funds. STAFF RECOMMENDATION: Staff recommends appropriating $56,092.05 to the Clerk of Circuit Court for fiscal year 2005-2006. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Brent Robertson, Director, Management and Budget Rebecca Owens, Director, Finance Steven McGraw, Clerk of Circuit Court 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Brent Robertson, Director, Management and Budget Rebecca Owens, Director, Finance Steven McGraw, Clerk of Circuit Court 2 ACTION NO. A -061306-4.f ITEM NO. 1-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2006 AGENDA ITEM: Request to renew a contract to provide Attorney services to the Town of Vinton appropriation of funds for 2006-2007 SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Commonwealth's for $6,000 and In the past, the prosecution of criminal cases, including traffic infractions, misdemeanors, and preliminary hearings of felony cases, for the Town of Vinton were heard in the Vinton municipal building. Beginning July 1, 2004, the judges of the General District Court wanted these cases heard in the Roanoke County courthouse in the City of Salem. This eliminated the need for the judges, clerks, and sheriffs deputies to travel to Vinton for these cases. In addition, by staying in the Roanoke County courthouse, the clerks had available computer access. While the cases were in Vinton, they were handled by the Town's Attorney; however with the move to the County Courthouse, the travel became prohibitive for the Town Attorney. The Town of Vinton approached the County Commonwealth's Attorney's, Randy Leach, about handling the Town cases through his office. An agreement was reached to provide these services to the Town for $6,000 annually beginning July 1, 2004. This money is paid as a salary supplement to the four Assistant Commonwealth's Attorneys, who added these cases to their existing workload. The arrangement has worked well for both parties, and they would like to renew the tract a ain for the year beginning July 1 2006 with the same terms. %1%J n g , > > FISCAL IMPACT: The Town will pay the County $6,000 to provide legal services for the 2006-2007 fiscal year. This money will be paid to the four Assistant Commonwealth's Attorneys as a supplement of $53.60 per pay period. The $6,000 will also cover the employer portion of the FICA tax for these employees. STAFF RECOMMENDATION: Staff recommends the following: 1. Approve the attached contract for the County Commonwealth's Attorney Office to provide legal services to the Town of Vinton for the 2006-2007 fiscal year 2. Appropriate revenue of $6,000 from the Town of Vinton; and appropriate increased expenditure of $6,000 for salary supplements and FICA for the Commonwealth's Attorney's Office in 2006-2007. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul M. Mahoney, County Attorney Randy Leach, Commonwealth Attorney Kevin Boggess, Vinton Town Manager Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul M. Mahoney, County Attorney Randy Leach, Commonwealth Attorney Kevin Boggess, Vinton Town Manager CONTRACT FOR PROFESSIONAL LEGAL SERVICES BE IT KNOWN THAT this agreement is entered into by and between the Town of Vinton, Virginia (hereinafter sometimes referred to as "Town") and Roanoke County Commonwealth's Attorney (hereinafter sometimes referred to as "Counsel"). Counsel hereby agrees to furnish the following services: Representing the Town in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, and preliminary hearings of felony cases, as well as cases in Juvenile and Domestic Relations Court, and in the Court of Appeals of Virginia on petitions for writ of error. Counsel will also act as a legal advisor on criminal issues for the local law enforcement (Town of Vinton Police Department). The scope of this contract does not include litigation or proceedings arising out of or involving tort or worker's compensation. These legal services are to be provided under the immediate supervision of the Roanoke County Commonwealth's Attorney, Edwin Randy Leach, III. In consideration of services described hereinabove, the Town hereby agrees to pay the Counsel $6,000 per annum to be used as follows: 1. Each of the four attorneys listed in Attachment A will receive a pay supplement of $53.60 per pay period. Based on 26 pay periods per year, this amounts to an annual supplement of $1500 each (including the employer portion of FICA tax at $4.10 per pay period). 2. Any amounts remaining, due to turnover in the office, may be used by Counsel for other office expenses, related to Vinton cases. Upon execution of the contract, the Town should mail a check in the amount of $6,000 to the County of Roanoke, Attention Ms. Diane D. Hyatt, PO Box 29800, Roanoke, VA 24018. At least semi-annually, Council will provide a summary of cases handled by Council, showing a breakdown of the cases handled on behalf of the Town of Vinton. The County of Roanoke will include the pay supplement on the County payroll checks for the attorneys listed on Attachment A. Any change in attorneys will require an amendment to Attachment A, which will need to be signed by the County Chief Financial Officer, in order to insure that the payroll change is made. A copy of this amendment will by mailed to the Town of Vinton, Attention Mr. Kevin Boggess, 311 South Pollard Street, Vinton, VA 24179. This contract is for a one year period only, commencing July 1, 2006 and ending on June 30, 2007. This contract may be renegotiated on an annual basis. This contract should be renegotiated thirty days before the beginning of the new fiscal year in order to insure the continuation of the payroll supplement to the individual attorneys. All records, reports, documents and other material delivered or transmitted to Counsel by Town shall remain the property of Town, and shall be returned by Counsel to Town, at Counsel's expense, at termination or expiration of this contract. All records, reports, documents, pleadings, exhibits or other material related to this contract and/or obtained or prepared by Counsel in connection with the performance of the services contracted for herein shall become the property Town, and shall, upon request, be returned by Counsel to Town, at termination or expiration of this contract. The Town and Counsel acknowledge and agree that the Department of Justice has the right to review all records, reports, worksheets or any other material of either party related to this contract. The Town and Counsel further agree that they or either of them will furnish to the Department of Justice, upon request, copies of any and all records, reports, worksheets, .bills, statements or any other material of Counsel or Town related to this contract. Counsel agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and counsel agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Counsel agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. IN WITNESS WHEREOF, the parties have executed this Agreement as of this day of TOWN SIGNATURE: COUNSEL SIGNATURE: ROANOKE COUNTY SIGNATURE: Title: Title: Title: ACTION NO. A -061306-4.g ITEM NO. 1-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 13, 2006 AGENDA ITEM: Request from the Police Department to accept and appropriate a Division of Motor Vehicle Mini -Grant in the amount of $3,000 SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The funds will be used to support the Roanoke County Police Department's efforts in the operation Click -it or Ticket program. These funds will pay officers overtime to conduct early morning safety check points in residential neighborhoods to enforce occupant protection in Roanoke County. No matching funds are required. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of this Division of Motor Vehicle grant in the amount of $3,000. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2006 RESOLUTION 061306-5 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A PY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors Cc: File ACTION NO. A-061306-6 ITEM NO. R-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 13, 2006 Confirmation of committee appointments Diane S. Childers, CMC Clerk to the Board Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Following a closed meeting held on June 13, the Board voted unanimously to confirm the following appointments: 1. Roanoke Valley -Alleghany Regional Commission Lee Osborne will serve an additional three-year term that will expire on June 30, 2009. 2. Virginia Western Community College Board Joseph C. "Joe" Thomas, Sr. will serve an additional four-year term that will expire on June 30, 2010. 3. Virginia's First Regional Industrial Facility Authority Richard C. Flora and Joseph B. "Butch" Church, alternate member, will serve additional four-year terms that will expire on June 30, 2010. Doug Chittum and Jill Loope, alternate member, will serve additional two-year terms that will expire on June 30, 2008. VOTE: Supervisor Altizer motion to confirm the committee appointments. Motion Approved cc: File Roanoke Valley -Alleghany Regional Commission File Virginia Western Community College Board File Virginia's First Regional Industrial Facility Authority Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Roanoke Valley -Alleghany Regional Commission File Virginia Western Community College Board File Virginia's First Regional Industrial Facility Authority