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HomeMy WebLinkAbout10/14/2003 - Regular October 14, 2003 879 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 14, 2003 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of October, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. “Butch” Church, H. Odell “Fuzzy” Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge,County Administrator;Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan O’Donnell, Assistant County Administrator; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Reverend Everett Kier, Salem Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Joint proclamation declaring October 19 through 25, 2003 as "Building Character Week" in the Roanoke Valley October 14, 2003 880 Chairman McNamara presented the proclamation to Stuart Harris, founder of the Greater Roanoke Valley Character Coalition (GRVCC). 2. Proclamation declaring the month of October 2003 as “National Arts and Humanities Month” in the County of Roanoke Chairman McNamara presented the proclamation to Susan Jennings, Executive Director of the Arts Council of the Blue Ridge. Also present were Wendi Schultz, Tourism and Event Coordinator, Roanoke County; Carolyn Payne, Virginia Museum of Transportation; and Beth Doughty, Roanoke Regional Chamber of Commerce. 3. Proclamation declaring October 5 through October 11, 2003 as "Fire Prevention Week" in the County of Roanoke Chairman McNamara presented the proclamation to the following representatives of the Fire and Rescue Department: Rick Burch, Chief of Fire and Rescue; Captain Gary Huffman; Lieutenant Barry Beckner; Paul Kipley; Billy Chrimes; Tracy Wood; David Hafey; Dana Lacy; Chuck Straub; Jeff Stump; and Freddie the Fire Engine. 4. Proclamation declaring the month of October 2003 as “Crime Prevention Month” in the County of Roanoke October 14, 2003 881 Chairman McNamara presented the proclamation to Ray Lavinder, Chief of Police; Rick Crosier, Crime Prevention Officer; and McGruff, the Crime Prevention Dog. IN RE: BRIEFINGS 1. Introduction of Teresa Hamilton Hall, Public Information Officer. (Elmer Hodge, County Administrator) Mr. Hodge introduced Ms. Hall and advised that she has 12 years experience in television news. She spent the last nine years at WDBJ Television where she worked as a reporter and weekend anchor. In addition, she is an adjunct professor at Virginia Tech where she teaches public speaking and public relations courses. Ms. Hall grew up in the Blacksburg area and graduated from Virginia Tech in 1991. Shortly after her graduation, she began work at WVVA Television in Bluefield, West Virginia. She joined WDBJ in the fall of 1994 as the station’s Danville bureau chief. She also worked in the Blacksburg newsroom before transferring to the station’s Roanoke newsroom as weekend anchor. Mr. Hodge indicated that Ms. Hall lives in the Glenvar area with her husband, Shannon, and their son, Derrick. He noted that she has a great combination of experience, talent, integrity, and love of community which will make her an excellent resource for Roanoke County citizens. Ms. Hall advised that although she has only been on the job for approximately one week, she has already been made to feel very welcome. The staff October 14, 2003 882 has been very warm and generous, and she indicated that she looks forward to working with staff and the Board. The Board members welcomed Ms. Hall and congratulated her on her new position. 2. Briefing from Economic Development Department regarding existing business program. (Doug Chittum, Director of Economic Development) Mr. Chittum reported that in the past 2½ years, the last three major industrial business announcements in the area have been in Roanoke County: Novozymes Biologicals at the Center for Research and Technology (CRT); Marvin Windows which created 200 jobs and represented $15 million in investment; and Cardinal Glass which also created 200 jobs and represented $15 million in investment. When combined with retail announcements in the last several years, this represents in excess of $100 million in investments and 700 jobs. Mr. Chittum extended his appreciation to the Board and Mr. Hodge for their support of economic development efforts. He noted that many more jobs and investments have been made by the existing businesses in Roanoke County. He advised that the existing business program is managed by Melinda Cox. Ms. Cox advised that during the past year, 180 visits were conducted with existing businesses and the investment by the companies which Roanoke County assisted totaled approximately $28 million. She noted that R. R. Donnelley was October 14, 2003 883 recently featured in Fortune Magazine as one of two elite manufacturing plants in the United States. Three businesses were also recognized by the Virginia Manufacturer’s Association for receiving the Governor’s Environmental Excellence Award: ITT Night Vision, Southern States Co-Op, Inc., and Novozymes Biologicals. Today, Novozymes Biologicals was named the Biotechnology Company of the Year at the Virginia Biotechnology Association meeting in Northern Virginia. Ms. Cox stated that there are two major communication vehicles being utilized by the Economic Development Department: the Roanoke County Business Partners Television Program on RVTV Channel 3 and the Roanoke County Business Partners E-Newsletter. Roundtable meetings were held in all five magisterial districts and staff plans to continue with this program. Ms. Cox stated that staff has been working with the Department of Business Assistance in Richmond through Workforce Services and the businesses represented at the meeting today reflect these accomplishments because they have brought in over $100,000 of training funds for use in their internal and external expansions. Ms. Cox introduced Sherry Elder, Manager of Human Resources, and Randall Vandergriff, Manager of Inventory Control, from Atlas Cold Storage. She stated that Atlas Cold Storage is currently undergoing a $9 million dock expansion and information technology upgrade. They have approximately 240 employees and were approved to receive workforce training funds in the amount of $68,229 for retraining 171 employee positions. October 14, 2003 884 Ms. Elder stated that partnering with the Workforce Services of Virginia and having governmental support enables Atlas to be more efficient in the operation of their business, and allows them to provide jobs and benefits to attract and retain employees. The new technology will allow them to be paperless and to be more competitive and accurate in their order selection process. Mr. Vandergriff demonstrated the wireless technology for members of the Board. The units are used by employees to communicate with the computers via voice command, and he indicated that employees have responded very favorably to the new equipment. Ms. Cox introduced Ali Khan, Plant Manager at Precision Fabrics Group (PFG). She noted that PFG is one of the oldest manufacturing facilities in the County. Over the past three years, they have implemented Phase I and Phase II of an internal expansion and plant renovation and purchased over 150 new pieces of equipment. They have 425 employees and are in the process of hiring 50 new employees. They also participate in the Workforce Services Program and are funding 66 employees for retraining at a total cost of $33,330. PFG expended $4 million to upgrade their information technology, and they were the first textile plant in the United States to receive an ISO 9000 certification. Mr. Khan thanked the County and the Town of Vinton for their support. He noted that the people in the community have great work ethics. He recalled that following the Flood of 1985, consultants from California advised that it would take three months to get the plant operational again. The employees at PFG accomplished this in October 14, 2003 885 three weeks and it was the result of their strong work ethic. He stated that in the past, their technology was not integrated and generated lots of paper. The company made the decision to upgrade and integrate their manufacturing, financial, and sales systems. They included in this some of their key customers. As a result, they have experienced tremendous cost savings and a reduction in paperwork. In addition, their employees have expended a great deal of effort to improve product quality and increase productivity. All of these components keep their textile business competitive and allow them to research products to determine a niche market where they can be competitive. He thanked Ms. Cox for her assistance in securing workforce training funds for the company, and displayed some of the items produced at the plant. IN RE: NEW BUSINESS 1. Request to accept and appropriate grant in the amount of $464,242 from the Federal Emergency Management Agency (FEMA) to the Fire and Rescue Department for the purchase of new firefighting breathing apparatus. (Richard E. Burch, Chief of Fire and Rescue) A-101403-1 Chief Burch reported that the Fire and Rescue Department was recently awarded a grant in the amount of $464,242 from the Federal Emergency Management Agency (FEMA) through the FIRE ACT grant program to replace the firefighting breathing apparatus (SCBA). He advised that there were over 19,000 requests for October 14, 2003 886 funding through this grant program, and both Roanoke City and the City of Salem received grants for the same purpose in 2002. Participation in the regional bid provided competitive prices for the equipment and helped to maintain continuity of the equipment between localities. The grant is a 70/30 matching program, and the Board appropriated the County’s matching share of $198,960 during the 2002-2003 budget process. Chief Burch stated that the current SCBA equipment has been in service since the early 1980’s and can no longer be upgraded. Battalion Chief Steve Poff provided an overview of the safety feature of the new equipment, which was displayed by firefighters Tracy Wood and Paul Kipley. Chief Burch requested that the Board accept and appropriate grant funds in the amount of $464,242 and also authorize the County Administrator, or his representative, to dispose of the old units in an appropriate manner, including donation of the units to another department. Supervisor Flora concurred with the donation of the equipment to adjacent localities, and recommended examining which jurisdictions can least afford to purchase new equipment and give these the highest priority. In response to an inquiry from Supervisor Church, Chief Burch indicated that during physical agility testing, firefighters are required to wear a 75 pound vest which is designed to represent the weight of the breathing apparatus. October 14, 2003 887 Supervisor McNamara moved to approve staff recommendation, acceptance and appropriation of the grant and authorization to donate the old breathing apparatus to other departments. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Resolution requesting that the Governor of Virginia designate Roanoke County as a primary disaster area due to this year’s excessive rainfall and moisture. (Jonathan M. Vest, Extension Agent) R-101403-2 Mr. Vest advised that while the rainfall experienced this year helped to recharge ponds and streams and the groundwater table, the amount and timeliness of the rainfall occurred during a critical time of the growing season. This resulted in a number of vegetable crops being delayed in their initial planting or rotting in the ground after planting. Corn yields were well below normal due to the excessive moisture, with some crops being planted as late as July. In addition, the United States Department of Agriculture (USDA) programs implemented provisions for hay quality in 2002. This year, hay quality has been affected due to the short growing season and late harvesting which resulted in a decline in quality. The full impact of this decline will not be fully realized until late spring 2004. Mr. Vest advised that all fruit and vegetable crops have been affected by the excessive moisture. Beginning in April 2003, rainfall totals were October 14, 2003 888 1½” above normal. As the critical planting season approached, rainfall totals were 6” above normal. Mr. Vest recommended adoption of a resolution asking the Governor to request that the United States Secretary of Agriculture designate Roanoke County as a primary disaster area due to the excessive rainfall. There was no discussion on this item. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 101403-2 REQUESTING THAT THE GOVERNOR OF VIRGINIA DESIGNATE ROANOKE COUNTY AS A PRIMARY DISASTER AREA DUE TO THIS YEAR’S EXCESSIVE RAINFALL AND MOISTURE WHEREAS, widespread excessive rainfall and moisture were experienced in Roanoke County resulting in severe distress and hardship for the County’s agricultural community; and WHEREAS, the excessive rainfall and moisture has resulted in more than $500,000, in damage to greenhouse/nursery ornamentals, vegetables, corn silage, hay, and other crops on 16,000 acres of farm land; and WHEREAS, crop losses are putting severe financial pressures on Roanoke County farmers. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby petition the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, to request that the United States Secretary of Agriculture designate Roanoke County as a primary disaster area due to excessive rainfall and moisture to provide the means for those affected to excessive rainfall and moisture to provide the means for those affected to qualify for available relief assistance. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: October 14, 2003 889 AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 3. Resolution pursuant to Sections 15.2-1900 through 15.2-1907, and Title 25.1 – eminent domain, of the Code of Virginia (1950, as amended), to authorize eminent domain proceedings for the acquisition of, and immediate right of entry to, a permanent 20’ sanitary sewer easement, together with the right of access and two 10’ temporary construction easements, upon the private park in Highfields Subdivision (Tax Map No. 86.11-04-48), being owned in undivided interests by all of the Highfields lot owners. (Gary Robertson, Utility Director) R-101403-3 Mr. Robertson reported that in March 2003, the Board approved the Roselawn sanitary sewer extension project. This project required the acquisition of easements across eight separate properties, of which staff has reached agreement on seven of the eight properties. The remaining property is a private park which is jointly owned by twenty-five (25) owners. The County has communicated with the 25 property owners and a community meeting was held in August. To date, staff has been unable to reach agreement with 12 of the 25 property owners. Staff is requesting that the Board approve the condemnation action so that the contractor can obtain right-of-entry to the property in order to meet the deadline for completion of the sewer line project by October 14, 2003 890 January 2004. Mr. Robertson advised that he would continue to attempt to negotiate with the property owners throughout this process. Ms. Paula Beman, 5455 Lakedale Road, submitted an appearance request form but was not in attendance when called upon to speak. In response to Supervisor McNamara’s questions, Mr. Robertson advised that the property is an undeveloped, wooded lot. He displayed photographs of the property, and indicated that the parcel was designated by the developer of Highfields as a private park. He stated that the sewer line can be extended through this area without disturbing the property, except for the point of connection to the existing sewer line. Supervisor Flora questioned how close the nearest resident is to the sewer line. Mr. Robertson stated that the nearest resident lives adjacent to the park but is not in the Highfields subdivision. They are several hundred feet from the proposed extension, and the County has reached agreement with these property owners. In response to a question from Supervisor Church, Mr. Robertson indicated that there is no underlying reason why there is not a consensus among the residents. He noted that different proposals have been recommended, but all 25 property owners have not been able to reach agreement. Supervisor Altizer questioned whether it was the intention of the County to continue negotiating with the residents if the condemnation is approved. Mr. Robertson advised that it was, and noted that the matter can be settled until the time it is scheduled to go to court. October 14, 2003 891 Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 101403-3 PURSUANT TO SECTIONS 15.2-1908 THROUGH 15.2 -1907, AND TITLE 25.1 – EMINENT DOMAIN, OF THE CODE OF VIRGINIA (1950, AS AMENDED), TO AUTHORIZE EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF, AND IMMEDIATE RIGHT OF ENTRY TO, A PERMANENT 20’ SANITARY SEWER EASEMENT, TOGETHER WITH THE RIGHT OF ACCESS AND TWO 10’ TEMPORARY CONSTRUCTION EASEMENTS, UPON THE PRIVATE PARK IN HIGHFIELDS SUBDIVISION (TAX MAP #86.11-04-48), BEING OWNED IN UNDIVIDED INTERESTS BY ALL OF THE HIGHFIELDS LOT OWNERS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a permanent sanitary sewer easement, twenty feet (20’) in width and consisting of 6,667 square feet, is necessary for public use in connection with a Roanoke County project, known as the Roselawn Sanitary Sewer Extension Project and/or the Roselawn Off-Site Sewer Project, to extend gravity sanitary sewer service to an area of the County containing approximately 700 acres of property located in the drainage area along Roselawn Road, said project having been previously approved and authorized by Ordinance #032503-9 adopted by this Board on March 25, 2003. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically is necessary to enable the County of Roanoke to provide sanitary sewer service to new and existing residences in the service area through a gravity line, which will further eliminate the additional costs to the public of operating and maintaining existing and future lift stations. 3. That acquisition of a permanent 20’sanitary sewer easement, with the right of access and two 10' temporary construction easements, is required to construct, install, improve, operate, inspect, use, maintain, and repair or replace a sanitary sewer system and related improvements, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a “Private Park” owned by the Owner or Owners of Lots in Highfields, and designated upon the Roanoke County Land Records as Tax Map #86.11-04-48. 4. That this easement is one of a series of easements required for the project and is the only remaining easement to be acquired. October 14, 2003 892 5. That this easement is necessary to the Project, as its location is the lowest point in the service area, which is required for the proper design and operation of the gravity sewer system. 6. That the easement required for this project is through the “Private Park” property in Highfields Subdivision, located on Lakedale Road in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, owned in equal and undivided interests by the owner or owners of each lot as shown on the map of Highfields Subdivision, and is more particularly described as follows: A perpetual RIGHT and EASEMENT, of 6,667 square feet and being twenty feet (20') in width, to construct, install, improve, operate, inspect, use, maintain, and repair or replace a sanitary sewer system, together with related improvements, including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the owners of the lots in Highfields Subdivision, shown and designated as “PRIVATE PARK” upon the Map of Highfields, dated January 21, 1957, of record in the Clerk’s Office of the Circuit Court for Roanoke County, Virginia, in Map Book 3, page 247, and designated on the Roanoke County Land Records as Tax Map No. 86.11-04-48. The location of said easement is more particularly described on the plat attached hereto as “Exhibit A” and by reference incorporated herein. TOGETHER WITH temporary construction easements totaling 6,670 square feet, and being ten feet (10') in width on each side of the permanent easement described above, for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair or replacement within the easement area. The locations of the temporary construction easements are shown cross-hatched and designated as “NEW 10' T.C.E.” on Exhibit A attached hereto. 7. That the fair market value of the permanent sanitary sewer easement, together with right of access and the temporary construction easements, is $891.00. 8. That $891.00 has been divided by the total of thirty-two (32) tax parcels in the subdivision, for a value of $27.84 per parcel. The lot owners have been offered, and are hereby re-offered, $27.84 for each tax parcel owned to acquire their undivided interest in the easement. 9. That one parcel (well lot) is owned by the County of Roanoke and the interests of the owners of sixteen (16) parcels have been acquired by purchase. October 14, 2003 893 10. That the interests of the following owners of sixteen (16) lots, referenced by tax parcel number, remain to be acquired and the County has been unable to agree on the compensation to be paid or other terms of purchase or settlement with said owners: Tax Parcel # Owner(s) 86.11-4-10 Carolyn Davis and Thomas Howard Beasley, III 86.11-4-11 Paula M. Beman 86.11-4-14 James Parsons Maddox and Clara J. Maddox 86.11-4-15 Vann G. and Florence A. Flowers 86.11-4-16 Randal L. Downs 86.11-4-17 Henry B. Bell 86.11-4-20 Gary and Carol L. Sternes 86.11-4-21 Robert L. Haynes, Jr. 86.11-4-30 Philip Trompeter 86.11-4-32 David R. and Bonnie Wall Lievsay 86.11-4-34 & 35 Daniel J. and Diane D. Fair 86.11-4-36 Eugene H. Connelly 86.11-4-39 John D. Sledd and Poarch Giles Sledd 86.11-4-40 & 41 David W. Wimberly, Sr. 11. That the acquisition of the undivided interests of the above-described lot owners, by condemnation or otherwise, is hereby authorized and approved for public use, namely the 20' sanitary sewer easement, together with the right of access and the two 10' temporary construction easements, on the “Private Park” in Highfields. 12. That it is immediately necessary for the County to enter upon and take possession of the easement and commence construction of said sanitary sewer extension and related improvements to complete the work during the current construction season, to avoid additional costs to the public associated with delaying the contractor, and to ensure timely availability of sanitary sewer service to the citizens of Roanoke County. 13. That a certified copy of this resolution, to be sent by certified mail to each of the property owners specified in paragraph 10 on or before October 20, 2003, shall constitute notice to said property owner of the offer to purchase as set forth herein and the County’s intent to enter upon and take possession of the subject easements to commence construction, as provided for in Sections 15.2-1902, 15.2-1904 and 15.2- 1905, and Chapter 3 of Title 25.1 of the Code of Virginia (1950, as amended). 14. That the Roselawn Sanitary Sewer Extension account is hereby designated as the fund from which the purchase price or the judgment of the court in condemnation proceedings shall be paid to the respective property owners. October 14, 2003 894 15. That the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under Sections 15.2-1900 through 15.2 -1907, and Title 25.1 – Eminent Domain, of the Code of Virginia (1950, as amended), including but not limited to the immediate right of entry in accordance with the procedures set forth in Chapter 3 of Title 25.1 of the Code of Virginia (1950, as amended), all as made and provided by law. 16. That the County Administrator, or an Assistant County Administrator, and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to accomplish the necessary acquisitions through eminent domain proceedings, or otherwise. 17. That this resolution shall be effective on the date of its adoption and the property owner shall have thirty (30) days following the sending of notice, i.e. the certified mailing of this resolution as provided herein, within which to contest this taking and immediate right of entry as provided in Section 15.2-1905.B. of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: BRIEFING Mr. Hodge introduced Mr. Brownlee, the United States Attorney for the Western District of Virginia. He advised that Mr. Brownlee has been in discussion with the County recently regarding the proposed methadone clinic, and noted that Mr. Brownlee has had experience with these clinics in other areas and he has shared his experiences with Roanoke County staff. Also present were Ray Melick, Drug Enforcement Administration (DEA), and Donald Wolthuis, Senior Assistant Deputy Attorney. Mr. Brownlee stated that several months ago, it was learned that the Life Center of Galax had signed a lease and planned to open a methadone clinic at the intersection of Ogden Road and Colonial Avenue. This action has caused great October 14, 2003 895 concern and as the chief federal law enforcement officer for this area, he stated that the concerns are appropriate and well founded. He advised that he was present to provide information regarding law enforcement efforts against narcotics trafficking in the Roanoke Valley. He stated that fighting drug trafficking is a top priority, a violent crime task force has been formed, and Roanoke County police officers play an active role in federal prosecutions. He reported that 469 defendants were prosecuted in 2002 for drugs and guns, the largest number in the history of the office. For Roanoke, 3½ times as many defendants have been prosecuted this year as were prosecuted two years ago. Law enforcement has taken an aggressive approach against prosecuting these types of crimes. He advised that the Substance Abuse and Mental Health Services Administration reported for 2002 that nearly 1,600 Virginians reported substance abuse for either heroin or opiates, which is approximately 9% of all substance abuse admissions for the Commonwealth of Virginia. Alcohol is the leading substance abuse admission at 33%. He commended those who seek treatment for substance abuse, and stated that the animosity should be focused on the drug dealers and not the addicts. Mr. Brownlee stated that community leaders across America are dealing with the establishment of methadone clinics. The following guidelines for establishing locations for proposed clinics were provided: (1) open, well-lit parking lots; (2) near a main highway; (3) away from residential areas and schools; (4) near a police station to make it easier for law enforcement to monitor. Mr. Brownlee stated that if there is a October 14, 2003 896 methadone clinic in this area, any drug trafficking defendants should be tried in federal court so that mandatory minimums and federal sentencing guidelines can be invoked to ensure that there are no repeat offenders. In addition, the task forces will focus some of their investigations, including undercover operations, on the clinic to ensure that drug dealers are not able to prey on the patients at the clinic. He also advised that they can invoke federal forfeiture statutes which allow the government to seize profits from criminal activity and property used in criminal activity, subject to jury findings. Mr. Melick stated that in his experience, the location is the most important aspect of a methadone clinic and a business area is preferable to a residential or school area. There are many drug dealers who will prey on methadone clinics for new customers. These areas are targeted because methadone patients frequently do not drive and they are often driven to the clinic by individuals who may have introduced them to the drug and possibly do not have their best interests in mind. He stated that methadone clinics are very busy, and this makes it important to select a location with a large parking area. He noted that methadone is a substitute for heroin and that sometimes addicts will move back into heroin. In response to an inquiry from Supervisor Church, Mr. Melick advised that in his experience, drug addicts may have been convicted of past crimes including drivers license violations. Frequently these individuals do not have driver’s licenses and need someone to drive them. Supervisor Church also asked what the correlation is between firearms and drug trafficking. Mr. Brownlee stated that drugs and guns October 14, 2003 897 commonly go together. Mr. Wolthuis responded that firearms are inevitably associated with drug trafficking. Chairman McNamara noted the Board’s concern on this issue and advised that the Board members were limiting their comments due to the possibility of future litigation. Chairman McNamara thanked Mr. Brownlee, Mr. Melick, and Mr. Wolthuis for the briefing. IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the creation of and financing for a local public works improvement project including acquisition of easements – Club Lane Sewer Line Extension, Windsor Hills Magisterial District. (Gary Robertson, Utility Director) Mr. Robertson advised that staff received a petition from the residents of Club Lane requesting a sewer line extension. An engineering study was performed and in July, letters were sent to 19 property owners to determine the level of interest in the project. Of this number, 15 responses were received: 10 favorable responses, 3 not interested, and 2 indicated only a desire for a public meeting. A public meeting was held on September 15 and the service area has been modified to serve only 18 of the properties, of which 10 would be participating. The cost is $115,000 which will be funded by a $7,400 fee paid by each of the participating property owners. Staff is requesting that this amount be financed for a period of 10 years at an interest rate of October 14, 2003 898 8%. This would leave a balance of $51,000 to be funded by the Public Works Participation Fund. Mr. Robertson advised that if additional property owners connect in the future, they will pay an additional 20% above the initial cost for a total cost of $9,680. Supervisor Altizer noted that a similar project was recently approved at a financing rate of approximately 5%. He questioned why there was a difference in the rates. Mr. Robertson responded that the project Mr. Altizer was referring to involved the acquisition of a private water and sewer facility in Suncrest Heights and was not a petition project. In response to Supervisor McNamara’s question, Mr. Robertson stated that the financing terms for this public works improvement project are consistent with the terms offered on similar projects. Supervisor McNamara moved to approve the first reading and set the second reading for October 28, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. First reading of an ordinance approving and authorizing the execution of a cable television franchise agreement by and between the County of Roanoke, Virginia and CoxCom, Inc., d/b/a October 14, 2003 899 Cox Communications Roanoke. (Joseph B. Obenshain, Senior Assistant County Attorney) Mr. Obenshain acknowledged Mike Pedelty, Cox Communications, who was present at the meeting, and thanked Supervisor Altizer for his assistance in this matter. He advised that following receipt of a request from Cox, representatives of Roanoke County, Roanoke City, and the Town of Vinton have conducted several negotiating sessions with officials of Cox which have resulted in the terms of a franchise agreement that is acceptable to all parties involved. He also noted that this item involves two separate actions: adoption of a new franchise ordinance and approval of an ordinance authorizing the execution of the new franchise agreement. Supervisor Altizer stated that this was a great opportunity for regional cooperation to bring three localities together. He expressed appreciation to Mr. Pedelty for his part in the negotiations. Supervisor Altizer moved to approve the first reading and set the second reading and public hearing for October 28, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 3. First reading of an ordinance to vacate portions of a 15’ sanitary sewer easement, a 15’ water line easement, and a 5’ public utility easement upon Lots 15 and 16, Plat of Section No. 2, Quail Ridge, October 14, 2003 900 recorded in Plat Book 26, Page 3, and resubdivided by Plat of Section No. 2, Quail Ridge, recorded in Plat Book 26, Page 197, Cave Spring Magisterial District. (Arnold Covey, Director of Community Development) Mr. Covey stated that this request is being submitted by R&J Enterprises, LLC and is the result of the lots being reconfigured to make them larger and more desirable. The easements need to be vacated to accommodate the new lots. The local utility companies have been notified and none had any objections. Utility Department staff has reviewed and approved the proposed vacation of the easements. There was no discussion on this item. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for October 28, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 4. First reading of an ordinance to vacate a portion of an existing 10’ public utility easement between Lots 22, 23, 24 and 25 dedicated in Plat Book 3, Page 1, Tinker Knoll, Hollins Magisterial District. (Arnold Covey, Director of Community Development) Mr. Covey reported that Donald W. and Donna L. Beckner would like to add a structure on the rear of their property and this easement creates a conflict. He October 14, 2003 901 noted that the local utility companies have been contacted and they had no objections to the proposed vacation. Staff also has no objections to the vacation. There was no discussion on this item. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for October 28, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 5. First reading of an ordinance amending ordinance 121900-3 enlarging a local public works improvement project, Webster Road water project, and authorizing financing. (Paul Mahoney, County Attorney) O-101403-4 Mr. Mahoney advised that this ordinance is designed primarily to alleviate hardship to a citizen. He stated that in December 2000, the Board approved the Webster Road water project. Following adoption of this ordinance and completion of the water project, a citizen experienced problems and would like the County to expand the water project to include his property. The purpose is to provide an opportunity to the citizen, as a result of the economic hardship, to be able to finance the cost of the water extension over the next 70 months. Staff recommends that the Board authorize the expansion of the district to include this property and allow the citizen to amortize the October 14, 2003 902 cost over a slightly longer period of time. The Utility Director is only authorized to finance the cost over a period of three years. There was no discussion on this item. Supervisor Flora moved to approve the first reading, dispense with the second reading pursuant to Section 18.04 of the Roanoke County Charter, and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 101403-4 AMENDING ORDINANCE NO. 121900-3 ENLARGING A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, WEBSTER ROAD WATER PROJECT, AND AUTHORIZING FINANCING WHEREAS, enlargement of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, the property owners have requested that the County allow them to pay their portion of the costs of connection to the public water system over the remaining term of this Project at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 14, 2003, and the second reading was dispensed with pursuant to Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board amends Ordinance No. 121900-3 and ratifies, authorizes and approves the enlargement of the Webster Road Water Project by including 8220 Webster Drive (Tax Map No. 27.05-02-05) within the Project Service Area. 2. The Webster Road Waterline Project Area was created for a period of ten (10) years through March, 2011. The owners of real estate within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $5,800.00 ($4,455 toward construction costs plus [$30 x length of road frontage in excess of 250 feet], plus $1,345 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the enlarged project service area, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: October 14, 2003 903 (a) Property owners pay a down payment of $4,000.00, and finance the remaining $1,800.00 for 70 months at an interest rate of 8% per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. ( c ) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk’s fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the enlarged project service area who elect to participate shall be made to the Public Works Participation Fund. Any off-site facility fee collected on this project shall be returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. On motion of Supervisor Flora to approve the first reading, dispense with the second reading pursuant to Section 18.04 of the Roanoke County Charter, and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 6. First reading of an ordinance amending the Roanoke County Code by the amendment of Section 2-7. “Reimbursement of Expenses Incurred for Emergency Response”. (Paul Mahoney, County Attorney) Mr. Mahoney reported that in March 2002, the Board adopted an ordinance that authorized the County to recover expenses incurred during emergency responses to accidents involving driving under the influence (DUI). The 2003 session of the General Assembly expanded this legislation to include the following additional categories: (1) reckless driving when such reckless driving is the cause of the accident October 14, 2003 904 or incident; (2) driving without a license or driving with a suspended or revoked license; (3) improperly leaving the scene of an accident. The proposed ordinance will enact the additional provisions authorized by the General Assembly. Supervisor Church questioned why the $100 fee charged by the County is not higher. Mr. Mahoney advised that the $100 flat fee authorized in the statute was selected rather than the alternative which would necessitate staff members keeping burdensome time records regarding response times. Also, initially staff did not know what type of impact would be involved with the implementation of this ordinance. The difficulty is that internal staff time is involved in documenting and collecting these fees, and this is presenting a problem in terms of staff time necessary to collect the fees. Mr. Mahoney noted that most individuals pay the flat fee when notice is received, and only a small percentage requires prosecution in General District Court. In response to Supervisor Church’s inquiry, Mr. Mahoney clarified that a defendant convicted of DUI who causes an accident will pay the $100 fee plus civil court collection costs. Supervisor Church stated that he feels this fee is too low and suggested increasing the amount to a minimum of $500 or $1,000. Mr. Mahoney advised that the statutory minimum is $100 and the statutory maximum is $1,000. The only flat fee that can be charged is $100 and if the County chooses to attempt to collect more, then staff will need to maintain records of the hours involved, the staff person will have to be subpoenaed to court with the County attorneys and testify on an hourly rate. This will necessitate having one person from the Police and Fire Departments and an October 14, 2003 905 Assistant County Attorney go to court for each case, as opposed to the current system in which one Assistant County Attorney goes to court with an affidavit. Supervisor Church stated that the intent of this ordinance was to hold individuals accountable and recommended that a better solution be devised. Supervisor Flora inquired if the expansion of the ordinance to include the three additional situations is still DUI related. Mr. Mahoney advised that it is not. Supervisor Flora expressed concern that every individual who has an accident and receives a reckless driving ticket would be fined under this ordinance. He stated that this would include almost every individual involved in an accident. He noted that this really involves expanding the ordinance in order to recover more money for emergency services purposes. Supervisor McNamara expressed concern that a program that collects $2,036 is not cost effective for the government to administer. He stated that expanding this program to include additional offenses is not the direction the County should be moving. Supervisor Church strongly disagreed and stated that probably 75% – 80% of reckless driving charges are reduced to improper driving and for the ordinance to apply, the charge must result in a conviction. He noted that if a defendant has any counsel representation, approximately 75% of those charged with reckless driving are reduced to improper driving. He stated that the County must either turn their head against something that is wrong because it is not cost effective or else do something October 14, 2003 906 about it. He also noted that these actions are voluntary acts on the part of the offenders. Supervisor Minnix questioned if expanding the ordinance would impose a penalty in addition to the one set forth by the Commonwealth of Virginia. Mr. Mahoney responded that the Commonwealth statute is a criminal statute, and Section 2-7 of the County Code adds an additional civil penalty. Supervisor Minnix requested that a work session be scheduled to further discuss this issue. It was the consensus of the Board to schedule the work session on October 28, 2003. Supervisor Church moved to approve the first reading and set the second reading for October 28, 2003. The motion carried by the following recorded vote: AYES: Supervisors, Church, Minnix, Altizer, McNamara NAYS: Supervisor Flora IN RE: CONSENT AGENDA R-101403-5; R-101403-5.g; R-101403-5.h; R-101403-5.i; R-101403-5.l; Supervisor McNamara moved to adopt the consent resolution with the removal of Item 14. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 101403-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA October 14, 2003 907 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 October 14, 2003, 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 14, inclusive, as follows: 1. Approval of minutes - September 23 and September 30, 2003 2. Confirmation of appointment to the Virginia Western Community College Board 3. Request from Police Department to accept and appropriate grant from the Department of Criminal Justice Services in the amount of $5,025 for use by the Roanoke Valley Triad for purchase of 19 Project Lifesaver bracelets 4. Request from Roanoke County Schools to accept and appropriate E-Rate reimbursement funds in the amount of $2,018.88 for purchase of instructional equipment 5. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,500 from the Virginia Commission for the Arts for arts curriculum development 6. Request from Roanoke County Schools to accept and appropriate grant in the amount of $1,966 for purchase of assistive technology equipment and materials for students with disabilities 7. Designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 9-11, 2003 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of Cecil Showalter, General Services Department, after sixteen years of service 9. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County upon the retirement of the following individuals in the Sheriff’s Department: (a) Michael J. Simpson after twenty-seven years of service (b) Arthur L. Lee after twenty-six years of service 10. Request from Police Department to accept and appropriate grant in the amount of $2,100 from the Department of Motor Vehicles (DMV) for police officers to work DUI checkpoints 11. Request from Fire and Rescue Department to accept and appropriate grant in the amount of $7,900 from the Virginia Fire Services for construction of a trench rescue simulator 12. Request to accept South Concourse Drive into the Virginia Department of Transportation (VDOT) secondary system, Hollins Magisterial District 13. Request to approve holiday schedule for 2004-2006 14. Request from the Roanoke County School Board to proceed with the donation of surplus real estate to Habitat for Humanity October 14, 2003 908 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 McNamara to adopt the Consent Resolution with Item I- 14 removed, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 101403-5.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CECIL SHOWALTER, GENERAL SERVICES DEPARTMENT, AFTER SIXTEEN YEARS OF SERVICE WHEREAS, Cecil Showalter was employed by Roanoke County on October 20, 1986, as a Refuse Collector for the General Services Department; and WHEREAS, Mr. Showalter retired from the County as an Equipment Operator on October 1, 2003, after sixteen years and eleven months of service; and WHEREAS, Mr. Showalter was an outstanding and extremely dependable employee who demonstrated to citizens his caring attitude and willingness to go the “extra” mile in all of his duties; and WHEREAS, Mr. Showalter was well-liked and respected by his co-workers and was a valuable asset and resource with his knowledge of County streets; and WHEREAS, Mr. Showalter has served with professionalism and integrity and 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 CECIL SHOWALTER for more than sixteen 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 McNamara to adopt the resolution and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 101403-5.h EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL J. SIMPSON, SHERIFF’S OFFICE, AFTER TWENTY-SEVEN YEARS OF SERVICE October 14, 2003 909 WHEREAS, Michael J. Simpson was employed by Roanoke County on August 2, 1976, as a Deputy Sheriff with the Sheriff’s Office, and also served as Rehabilitation Counselor, Deputy Sheriff - Chief Corrections Rehabilitation Counselor, Deputy Sheriff – Sergeant - Classification and Treatment, and Deputy Sheriff - Sergeant - Civil Division; and WHEREAS, Sergeant Simpson retired from Roanoke County on October 1, 2003, after twenty-seven years and two months of service; and WHEREAS, Sergeant Simpson exhibited professionalism and integrity during his many years of service and was instrumental in the progress of the Roanoke County Sheriff’s Office. 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 J. SIMPSON for more than twenty-seven 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 101403-5.i EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF ARTHUR L. LEE, SHERIFF’S OFFICE, AFTER TWENTY-SIX YEARS OF SERVICE WHEREAS, Arthur L. Lee was employed by Roanoke County on May 1, 1977, as a Deputy Sheriff with the Sheriff’s Office where he served in several capacities during his years of service, including shift supervisor, with the rank of Sergeant; and WHEREAS, Deputy Lee completed the law enforcement course at Cardinal Criminal Justice Academy; and WHEREAS, Deputy Lee retired from Roanoke County on October 1, 2003, after twenty-six years and five months of service; and WHEREAS, Deputy Lee exhibited professionalism and integrity during his many years of service and was instrumental in the forward progress of the Roanoke County Sheriff’s Office. 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 ARTHUR L. LEE for more than twenty-six 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. October 14, 2003 910 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 101403-5.l REQUESTING ACCEPTANCE OF SOUTH CONCOURSE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form SR-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §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 resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor McNamara Seconded By: None Required Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara Nays: None IN RE: DISCUSSION OF ITEM I-14 1. Request from the Roanoke County School Board to proceed with the donation of surplus real estate to Habitat for Humanity Supervisor Altizer stated that he wanted to ensure that the same process will be followed as in the previous donation of real estate to Habitat for Humanity; October 14, 2003 911 specifically, that the surrounding citizens will be notified and that a community meeting will be held prior to any decision being finalized. Supervisor Altizer requested that Mr. Hodge communicate with the School Board regarding this matter, and advised that he would like to be present at the community meeting. Supervisor Altizer moved to approve Item I-14. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Chairman McNamara noted that Supervisor Minnix requested that a work session be scheduled on October 28, 2003, to continue discussion of Item F-6, ordinance amending the Roanoke County Code by the amendment of Section 2-7. “Reimbursement of Expenses Incurred for Emergency Response”. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Chairman McNamara again recognized Ms. Paula Beman, 5455 Lakedale Road, who had submitted an appearance request form. Ms. Beman was not in attendance when called upon to speak. IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: October 14, 2003 912 AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects 5. Statement of the Treasurer’s accountability per investment and portfolio policy as of September 30, 2003 6. Report from VDOT of changes to the secondary road system in August 2003 7. Clean Valley Council IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He advised that a group of citizens from the Harborwood Road area had anticipated attending today’s meeting but they were unavailable for the 3:00 p.m. session. He stated that he looked forward to seeing them at the October 28 meeting at 7:00 p.m. (2) He wished a happy birthday to his granddaughter, Abby Church. IN RE: WORK SESSIONS (4th Floor Conference Room) – 5:30 p.m. 1. Work session to discuss the implementation of an electronic records management system in the Board of Supervisors and October 14, 2003 913 Clerk to the Board of Supervisor's Offices. (Diane S. Childers, Clerk to the Board) The work session was held from 6:00 p.m. until 6:05 p.m. It was the consensus of the Board to proceed with implementation of the electronic records management system. Staff was instructed to bring the matter to the Board forfunding approval on October 28, 2003. 2. Work session to discuss Virginia’s Explore Park. (Pete Haislip, Director of Parks, Recreation and Tourism; Debbie Pitts, Assistant Director of Recreation) The work session was held from 6:05 p.m. until 7:17 p.m. and was presented by Pete Haislip, Director of Parks, Recreation and Tourism; Debbie Pitts, Assistant Director of Recreation; Tom Brock, President of The River Foundation; and Marc Taubman, Chairman of the Virginia Recreational Facilities Authority (VRFA). Mr. Brock reported that investments in Explore Park total $46,244,838 and he highlighted recent accomplishments at the park. Mr. Taubman outlined the role of the VRFA and recommended revising the mission statement to reflect the park’s new focus on a recreational component to the park’s operations. Mr. Haislip and Ms. Pitts outlined the Explore NOW! initiative which will create more recreational opportunities for visitors and will extend the park’s hours of operation. Plans for future development include the Hancock-Cartledge Education Center Amphitheatre and a Frontier Fort. October 14, 2003 914 There was discussion regarding Roanoke County’s investment in the park, Roanoke County’s proposed future participation in the park with a partial ownership interest, and projected profitability of the park. 3. Work session to consider boundary line adjustments with the City of Roanoke. (Paul Mahoney, County Attorney) The work session was held from 7:17 p.m. until 7:26 p.m. Mr. Mahoney advised that the following boundary lines between the County of Roanoke and the City of Roanoke are being discussed: (1) moving 57.88 acres of Vinyard Park from the City to the County; (2) moving 7.02 acres owned by Rockydale Quarries from the County to the City; (3) moving approximately 38 acres associated with the Roanoke Regional Water Pollution Control Plant from the County to the City. He stated that if both jurisdictions are in agreement, the procedure for adjusting the boundary lines involves the following: (1) an agreement to relocate the boundary line between the localities; (2) publication of notice of intention to relocate the boundary line followed by a public hearing in each locality; (3) filing a petition with the Circuit Court for approval of the agreement with a plat depicting the boundary change; (4) recordation of the court order establishing the new boundary. It was the consensus of the Board that staff should proceed with making the recommended boundary line adjustments. 4. Work session to consider topics of discussion for joint meeting with Roanoke City Council scheduled for October 17, 2003, October 14, 2003 915 concerning the proposed Regional Water and Wastewater Authority. (Paul Mahoney, County Attorney) The work session was held from 7:26 p.m. until 7:57 p.m. Mr. Mahoney advised that decisions needed to be reached on four key issues in the proposed articles of incorporation: (1) composition of the Board of Directors; (2) membership of the Board; (3) name of the authority; (4) any special provisions requiring a greater than majority vote. Number and Composition of Water Authority Board: Supervisors McNamara, Minnix and Flora indicated support for 7 members on the Water Authority Board. Supervisors Altizer and Church recommended 9 members. Supervisors Altizer, Church, and Flora indicated that no elected representatives should serve on the Water Authority Board. Supervisor Minnix stated that at least initially, each locality should have one elected representative on the Board. th Appointment of Tie-Breaker (7 Member): It was the consensus of the Board that the tie-breaker will be recommended by the Water Authority Board, but the appointment will be subject to approval/ratification by the member localities. Name of the authority: Suggestions included “Regional Service Authority” and “Roanoke Regional Utility Authority”. Mr. Hodge advised the Board that there will probably be discussion at the joint meeting on October 17 regarding Roanoke County’s withdrawal of $12 million from the County’s Utility Fund. October 14, 2003 916 IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 7:57 p.m. until Friday, th October 17 at 9:30 a.m., Roanoke County Administration Center, 4 floor conference room, for the purpose of attending a joint meeting with the City of Roanoke to discuss the proposed regional water and wastewater authority. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Joseph P. McNamara Clerk to the Board Chairman