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HomeMy WebLinkAbout4/8/2003 - Regular April 8, 2003 291 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 8, 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 April, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:01 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; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by Reverend Bruce Tuttle, Cave Spring United Methodist Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS April 8, 2003 292 1. Certificate of recognition to Steven A. McGraw for being honored by the Madison Society of Political Science at Virginia Western Community College for his contributions to the community Certificate presented by Chairman McNamara to Mr. McGraw. Also present was Carl Heinz Wyzick, Treasurer of the Madison Society. 2. Recognition of Budget Department for receiving the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2002-2003 Award presented by Chairman McNamara to Brent Robertson and Geraldine Barber. Mr. Robertson introduced Chad Sweeney, the new Budget Administrator. 3. Proclamation declaring April 6 through April 12, 2003 as National Boys and Girls Club Week in the County of Roanoke Proclamation presented by Chairman McNamara to Becci Emanuelson, Development Director, and Waynette Johnson, a student at Burlington Elementary School. IN RE: NEW BUSINESS 1. Request to adopt fiscal year 2003-2004 budget for Roanoke Valley Television. (Elaine Simpson, Cable Access Director) April 8, 2003 293 A-040803-1 Ms. Simpson stated that Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV, Channel 3) which currently employs five full time staff members. RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town. The County’s representatives on this committee are Supervisor Altizer and Dan O’Donnell, Assistant County Administrator. The operational budget for RVTV is provided by the three governments based on the proportion of Cox customers located in each jurisdiction. Ms. Simpson indicated that the governing bodies have informally agreed to provide up to 20% of the franchise fee paid by Cox Communications to fund the operations of the facility. Roanoke County’s share of the cable budget is 40%. In addition, cable television staff is carried on the County’s payroll and benefit system and will receive the same salary increase as County employees. Ms. Simpson reported that during 2002-2003, RVTV produced 51 videos and television shows and covered 24 live Board meetings for the County. She also provided the following examples of RVTV productions: ADA, It’s Good for Business and Roanoke County Schools - Specialty Centers. RVTV monthly television shows include: Roanoke County Today, which highlights local government issues and events, and Accent Excellence, for the Roanoke County School System. During the past year, video production has increased by 11%. The approximate rate for video production in the private sector is $1,000 per finished minute. RVTV produced a total of 102 video April 8, 2003 294 productions last year for the three localities and their school systems. Ms. Simpson reported that the total RVTV budget request is $273,614 of which Roanoke County’s share is 40% or $109,446. This represents a 2% or $2,292 increase from last year’s budget. The increase, excluding personnel costs (salaries, VRS, dental), is zero. The total franchise fee paid by Cox to Roanoke County last year was $770,058. Supervisors Altizer and Church commended the RVTV staff for the excellent job they do in providing this service. Ms. Simpson recognized the following department employees: Lacy Stinnett, Assistant Station Manager; George Warner, Producer; Preston Seaman, Producer; and Todd Richardson, Producer. Supervisor Altizer moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Request to approve projects for fiscal year 2003-2004 Virginia Department of Transportation (VDOT) revenue sharing program. (Arnold Covey, Director of Community Development) A-040803-2 Mr. Covey stated that the Virginia Department of Transportation (VDOT) annually provides localities the opportunity to receive state matching funds for the April 8, 2003 295 construction, maintenance, and improvement to primary and secondary roads in the state’s highway system. The Commonwealth of Virginia provides $15,000,000 for the matching program and limits localities to $500,000 each. The amount of funding received fluctuates depending on the number of localities participating in the program. The Revenue Sharing Program for FY 2003-2004 contains 34 projects totaling $1 million in construction improvements. Mr. Covey reported that County and VDOT staff presented these projects with maps and justifications for inclusion in the Revenue Sharing Program for FY 2003- 2004 at the February 25, 2003 Board of Supervisors work session. No requests to modify or change the priority list have been received, and staff is now requesting the Board to approve the priority list for the FY 2003-2004 Revenue Sharing Program. Supervisor Minnix questioned whether staff had any assurance that the state would be able to match the $500,000 given the current budget situation. Mr. Covey reported that it was his understanding that funding had been allocated for this program. In response to a question from Supervisor McNamara, Mr. Covey reported that the 4-way intersection at Indian Grave Road was not included in the 2003-2004 revenue sharing projects. Supervisor Minnix moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara April 8, 2003 296 NAYS: None 3. Request to adopt the Secondary System Six-Year Construction Plan for fiscal year 2003-2009 and the allocation of funds for fiscal year 2003-2004. (Arnold Covey, Director of Community Development) R-040803-3 Mr. Covey reported that the proposed plan was developed jointly with VDOT and County staff. The projects identified are the result of reviewing the current construction plan and requests received by both County citizens and the Board of Supervisors during the past year. He stated that the proposed plan was presented to the Board at a work session on February 25, 2003. At the work session, County staff reviewed the projects and explained the distribution of this year’s allocation of approximately $3.2 million among the three funding categories which are Countywide items, incidental construction and numbered projects. Mr. Covey stated that as a result of last year’s reduction in funding by the Commonwealth Transportation Board, no new projects were added to the plan. On March 25, 2003 the Board held the public hearing on the Six-Year Secondary Road Construction Plan for 2003-2009 and the allocation of funds for FY 2003-2004. Staff has received no public comments and is requesting that the Board adopt the Six-Year Secondary Road Construction Plan for 2003-2009 and the allocation of funds for FY 2003-2004. April 8, 2003 297 There was no discussion on this matter. 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 040803-3 APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 2003-2009 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEARS 2003-2004. WHEREAS, a public hearing was held on March 25, 2003 to receive comments on the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Years 2003-2009; and the adoption of the funding for Fiscal Years 2003-2004; and WHEREAS, the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six-year Construction Plan for Roanoke County for Fiscal Years 2003-2009 and allocations for Fiscal Years 2003-2004 as set out on the attached Secondary System Construction program. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six year Construction Plan for Roanoke County for Fiscal Years 2003-2009 by the Clerk to the Board. 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 IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance extending the franchise of Cox Cable to operate a cable television system in Roanoke County April 8, 2003 298 for a period of six months. (Paul Mahoney, County Attorney) Mr. Mahoney reported that this ordinance would extend the existing cable television franchise for a period of six months. A second reading and public hearing is scheduled for April 22, 2003. Mr. Mahoney noted that the original franchise was approved by the Board of Supervisors on April 23, 1991 for a period of 12 years. The extension is being requested to allow staff the necessary time to prepare the new franchise agreement and ordinance. Negotiations are ongoing and it is anticipated that this process can be completed within the next six months. There was no discussion on this matter. Supervisor Altizer moved to approve the first reading and set the second reading and public hearing for April 22, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. First reading of an ordinance to vacate a portion of a sanitary sewer easement crossing Lot 3, Section No. 4, “Orchard Park”, Hollins Magisterial District. (Arnold Covey, Director of Community Development) Mr. Covey reported that on behalf of Timothy B. Boitnott, property owner, Fralin and Waldron, Inc. is requesting the vacation of a portion (3.0’ x 24.0’) of a sanitary sewer easement crossing Lot 3, Section No. 4, “Orchard Park”. This request is April 8, 2003 299 due to an error made by the developer at the time the foundation was poured. Staff has met with the Utility Department and they have no objections to the vacation. There was no discussion on this matter. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for April 22, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of an ordinance amending Article III, Sewer Use Standards, Chapter 18 of the Roanoke County Code of 1985. (Gary Robertson, Utility Director) O-040803-4 Mr. Robertson reported that there have been no changes in this matter since the first reading which was held on March 27, 2003. There was no discussion on this matter and no citizens were present to speak. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None April 8, 2003 300 ORDINANCE 040803-4 AMENDING ARTICLE III, SEWER USE STANDARDS, OF CHAPTER 18. SEWERS AND SEWAGE DISPOSAL OF THE ROANOKE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Section 18-163 of Article III. Sewer Use Standards of Chapter 18. Sewers and Sewage Disposal be, and hereby is, amended to read and provide as follows: Sec. 18-163. Measurement, sampling, etc., and report of discharges (a) The owner of each facility discharging other than normal wastewater or discharging Group A wastewater shall upon the written request of the control authoritysubmit monthly, or at such other frequency as may be required by the control authority, to the county, on forms supplied by the county, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the county or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the county not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the person so discharging shall be established by the control authority and shall, as a minimum, include: (1) Liquid in gallons (2) Five-day BOD in pounds. (3) Suspended solids in pounds, on a dry solids basis. (4) Total phosphorus in pounds. (5) Total Kjeldahl nitrogen in pounds. (6) COD in pounds. Unless otherwise provided, each measurement, test, sampling, or analysis required to be made hereunder shall be made in accordance with 40 C.F.R. Part 136, as amended. (c) In order to provide for accurate sampling and measurement of industrial wastes, each person discharging Group A wastewater, or other regulated wastewater if deemed necessary by the Control Authority shall provide and maintain, on each of its industrial waste outlet sewers, a large manhole or sampling chamber to be located outside or near its plant boundary line, where feasible. If inside the plant fence, there shall be a gate near the sampling chamber with a key furnished to the county. There shall be ample room provided in each sampling chamber to enable convenient inspection and sampling by the county. In order to meet the intent of this ordinance, and to minimize disruption of developed property, all non-residential users or facilities shall be required to install a sampling chamber on its outlet sewer for all new facilities, remodeling of existing facilities, change in use, or upon the control authority detecting any violation of this article. April 8, 2003 301 (d) Each sampling chamber shall contain a Parshall flume, accurate weir or similar device, with a recording and totalizing register for measurement of the liquid quantity; or the metered water supply to the industrial plant may be used as the liquid quantity, where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment can be made in the metered supply to determine the liquid quantity. (e) Samples shall be taken every hour, properly refrigerated and composited in proportion to the flow for a representative twenty-four (24) hour sample. Composite samples shall consist of samples taken at least every hour for the time period required by the facility’s permit using flow proportional or timed composite sample collection methods. Such samples shall be properly refrigerated. For oil and grease, pH, phenols, cyanide, volatile toxic organic and other appropriate pollutants, property grab sampling shall be performed. Such sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced automatically by the flow-measuring device. (f) Minimum requirements for representative quantities under this section shall include reevaluation during each twelve (12) month period. The determination of representative quantities shall include not less than seven (7) consecutive days of twenty-four (24) hour composite samplings, taken during periods of normal operation, together with acceptable flow measurements. The frequency of sampling, sampling chamber, metering device, sampling methods and analyses of samples shall be subject, at any time, to inspection and verification by the county. Sampling and measuring facilities shall be such as to provide safe access for authorized personnel of the county for making such inspection and verification. (g) Plans for sampling chambers, with their locations shown on a site plan, shall be submitted to the county for approval. (h) All owners of facilities governed by this section shall also comply with any applicable monitoring requirements and regulations established by the control authority which are hereby incorporated by reference. (i) All owners of facilities governed by this article shall comply with the applicable requirements of 40 C.F.R. 403.12, as amended, which is incorporated by reference herein, as amended including, without limitation, the signatory, certification and record keeping requirements of 40 C.F.R. 403.12(c), (d), (i), and (l). All records shall be retained for a minimum of three (3) years and this retention period shall be extended during litigation or upon request of the control authority. (j) Sampling for discharge limit compliance shall be taken at the sampling chamber without any dilution factor except for properly classified categorical or significant users. April 8, 2003 302 (k) Sampling for prohibited materials may be collected at either the sampling chamber or end of process to determine the absence of the prohibited material. This ordinance shall be in full force and effected from and after its passage. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Second reading of an ordinance authorizing the dedication of a County well lot at Whispering Pines Park for the benefit of the Virginia Department of Health, Catawba Magisterial District. (Pete Haislip, Director of Parks, Recreation & Tourism) O-040803-5 Mr. Haislip reported that this ordinance will allow the County to develop a water system at Whispering Pines Park to provide for a restroom and concession stand. This is a cooperative venture with Mason’s Cove Recreation Club. Supervisor Church stated that the citizens appreciate the County’s efforts in establishing a water system in this area. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 040803-5 AUTHORIZING THE DEDICATION OF A COUNTY WELL LOT AT WHISPERING PINES PARK FOR THE BENEFIT OF THE VIRGINIA DEPARTMENT OF HEALTH April 8, 2003 303 WHEREAS, the County of Roanoke owns a certain well lot which its Utility Department is desirous of putting into service for the County’s water system; and WHEREAS, prior to issuing a permit for the operation of any well lot by a locality, the Department of Health requires that said lot be dedicated exclusively for use as a well lot and not for human habitation or other activity which might pose a danger of contamination to that source of water. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on the dedication of the hereinafter-described real estate was held on March 25, 2003. A second reading on this matter was held on April 8, 2003. 2. That the dedication of the following well lot exclusively for water supply use and to the exclusion of human habitation or other sources of contamination is hereby authorized and approved: 0.230 acres in Whispering Pines Park situated along Absalom Smith Road (VA Secondary Route 912) Catawba Magisterial District as shown on the attached plat (Exhibit A). 3. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the dedication of this well lot, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: APPOINTMENTS 1. League of Older Americans Advisory Board Supervisor Flora requested that the Board ratify the appointment of Linda Manns. 2. League of Older Americans Advisory Council Supervisor Flora nominated Beverly Eyerly to serve an additional one-year term expiring March 9, 2004. IN RE: CONSENT AGENDA April 8, 2003 304 R-040803-6 Supervisor McNamara moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 040803-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for April 8, 2003 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Approval of minutes – March 18 and 25, 2003 2. Confirmation of appointment to the Roanoke Valley Greenway Commission 3. Request to authorize agreements with the National Park Service and James R. Walker of Roanoke, LLC 4. Request to appropriate supplement to the Carl Perkins entitlement in the amount of $2,441 for career and technical education 5. Request to accept and appropriate the Virginia Juvenile Community Crime Control Act (VJCCCA) Grant for fiscal year 2003-2004 and approve the grant funded positions for these programs 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, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The April 8, 2003 305 motion carried by the following recorded vote: 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 School Capital Reserve 5. Accounts Paid – February 20023 6. Statement of the Treasurer’s Accountability per Investment and Portfolio Policy as of February 28, 2003 7. Clean Valley Council 8. Proclamation signed by the Chairman 9. Report from VDOT of changes to the secondary road system in March 2003 IN RE: CLOSED MEETING At 3:41 p.m., Supervisor McNamara moved to go into Closed Meeting pursuant to the Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel with respect to pending litigation, namely Roanoke County vs. General Electric (Dixie Caverns Landfill); Section 2.2-3711 A (3) discussion regarding the disposition of the County's interest in certain publicly held real estate, namely Western Hills well lot; Section 2.2-3711 A (7) consultation with legal counsel pertaining to specific legal April 8, 2003 306 matters, namely agreement with the Greater Roanoke Valley Development Foundation. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: WORK SESSIONS (FOURTH FLOOR CONFERENCE ROOM) 1. Work session to discuss citizens’ storing debris in their yards. (Janet Scheid, Chief Planner) The work session was held from 4:13 p.m. until 4:49 p.m. and was presented by Janet Scheid, Chief Planner, and Tammi Wood, Associate Planner. Ms. Scheid reported that in 2002 there were 119 violations of debris/junk of which 115 have been resolved. There have been 49 violations in 2003 of which 28 have been resolved. She stated that a key issue of concern is how to define “trash”. It was noted that County staff has, on several occasions, visited the sites where violations have occurred to personally assist in the cleanup. In response to an inquiry from Supervisor Altizer, Ms. Scheid noted that the majority of these cases involve older individuals who are living alone and have a tendency to collect things. Ms. Wood reported that the average resolution time for these issues is 45-60 days. Mr. Mahoney reported that judges are reluctant to enforce criminal charges against individuals for these types of violations. Mr. Covey noted that a legislative change would be necessary if the County wants to impose civil penalties for violations as opposed to criminal penalties. April 8, 2003 307 It was the consensus of the Board that staff should continue to refine this process and if legislative changes are deemed necessary, the matter will be brought back to the Board. 2. Work session to finalize fiscal year 2003-2004 budget. (Brent Robertson, Budget Director) The work session was held from 4:49 p.m. until 5:03 p.m. and was presented by Mr. Robertson. Mr. Robertson stated that the proposed budget for fiscal year 2003-2004 would be presented to the Board at the meeting on April 22, 2003. The first reading of the budget appropriation ordinance will be held on May 13, 2003 and the second reading on May 27, 2003. He then reviewed the Sources and Uses Statement shown below: April 8, 2003 308 Roanoke County Budget Development Review of Sources/Uses of New Revenues FY2003-2004 April 7, 2003 FY01-02FY02-03 OperationsYear-EndYear-End Sources of Incremental New Funds: Projected Increase in General Revenues for FY2004$3,035,986 Close-out of New School Startup Fund (Shared with Schools)250,000 Beginning Balance--Reserved from FY2002 Year-end736,000 Ending Balances from FY2003 Year-end230,463 Adjustment for Designated Fees: Rescue Fees345,000 Sheriff's Fees: Booking Fee120,000 Conviction Fee (Courthouse Security)160,000 $3,910,986$736,000$230,463 Uses of Incremental New Funds: Increased Transfer to Schools$1,037,858 Employee Salaries and Benefits: Salary Increase - 2%$760,000 Health Insurance Increase-Increased Enrollees90,000 Additional Fire and Rescue Personnel (10)450,000 Administration Fees22,000 Vinton Share-based on calls27,000 Deputy Sheriffs (4) - Courthouse Security160,000 NPDES-Stormwater Management200,000 Economic Development Incentive Reimbursements392,000 SCBAs-Fire and Rescue Tipping Fees-RVRA120,000 HP Migration473,537296,000230,463 Courthouse Repairs/Renovations160,000 SPCA Operations/Debt Service130,000 Payroll Platform Upgrade100,000 Voting Machines - ADA Compliance180,000 Constitutional Officer Reductions117,000 Circuit Court-Law Clerks40,000 Unemployment Compensation-Rate Increase50,000 Reduction in Transfer from Other Fund ($283,409-$125,000)($158,409) 3,910,986736,000230,463 Footnotes: The following items are not included in the above schedule: SCBA Upgrades - $400,000 subject to grant approval Funded Vehicle Replacement Program - Refinancing Savings Mr. Robertson noted that the cultural and tourism agencies would be presenting their funding requests at the 7:00 session this evening, and he stated that staff had assumed that funding for these requests would remain level. Mr. Robertson requested that the Board submit their funding allocations by Friday, April 11, 2003. April 8, 2003 309 3. Work session to discuss public safety/dispatch facility planning and Public Private Education Facilities and Infrastructure Act process. (Dan O’Donnell, Assistant County Administrator; Paul Mahoney, County Attorney) The work session was held from 5:03 p.m. until 5:23 p.m. and was presented by Mr. O’Donnell and Mr. Mahoney. Mr. O’Donnell and Mr. Mahoney briefed the Board on a request by Northrop-Grumman to submit a design-build proposal to the County under the Public Private Education Facilities Infrastructure Act of 2002 (PPEA) for construction of a new public safety center. Mr. O’Donnell stated that the increase in cell phone traffic, insufficiency of the space for Information Technology, and the condition of the facility overall have necessitated the consideration of a new public safety facility. He stated that the PPEA process would provide planning and a needs analysis study at no cost to the County. Northrup-Grumman, a large information technology systems firm, recently approached County staff to inquire about the possibility of submitting a design-build proposal under the PPEA legislation. Mr. O’Donnell stated that Northrop-Grumman had recently merged with TRW Communications, Inc., which had previously been a major contractor for public safety communications systems, and that one of the goals of the merged entity is to bring advanced communications technology and military security technology to state and local governments to bolster the Homeland Security efforts now taking April 8, 2003 310 place across the country. Staff conducted a planning meeting with Northrup-Grumman, who has offered to provide the County with drawings for several possible facility options, as well as cost estimates to replace or sufficiently upgrade the existing facilities. On March 13 and 14, Northrup-Grumman met with key County staff to conduct the analysis. Mr. O’Donnell stated that there are several financing alternatives available under the PPEA. He indicated that staff and Northrup-Grumman are currently evaluating potential sites, concept drawings, and conducting a needs analysis. Once this information has been reviewed, a determination will need to be made regarding whether to proceed with this process. Mr. Mahoney stated that if the Board decides to proceed with this process, several things must be accomplished: (1) The Board will have to direct staff to pursue the design-build alternative and staff will, in turn, draft the necessary procedures document. (2) When the unsolicited proposal is received, a waiting period of 45 days must occur and public notices must be published allowing for other firms to submit proposals. (3) If the Board decides to accept a proposal, a comprehensive agreement must be negotiated. Mr. Mahoney noted that the difficulty is that there is no “free lunch” and profits will be factored into the proposals. Mr. O’Donnell noted that an advantage of this process is that it is a “turn- key operation”. You do not own the project during construction. If the project is deemed unacceptable, the Board does not have to accept the project. The risk shifts to the developer under this scenario. April 8, 2003 311 It was the consensus of the Board to allow staff to proceed with this process, and Mr. O’Donnell indicated that Northrop-Grumman would make a presentation to the Board in May 2003. IN RE: CLOSED MEETING The closed meeting was held from 3:45 p.m. until 4:10 p.m. IN RE: CERTIFICATION RESOLUTION R-040803-7 At 7:02 p.m., Supervisor McNamara moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 040803-7 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. Supervisor McNamara moved to adopt the Certification Resolution. The motion carried by the following recorded vote: April 8, 2003 312 AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Certificate of recognition to Roanoke County Schools for being named a Gold Medal School District Winner by Expansion Magazine Chairman McNamara presented the certificate of recognition to Dr. Linda Weber, Superintendent of Schools. 2. Certificates of recognition to the following All-State Band and Chorus Winners: (a)Natassia Dingman, Cave Spring High School (b)Bobby Menkedick, William Byrd High School (c)Ashley Hartman, Glenvar High School (d)Charissa Lell, Glenvar High School. Chairman McNamara presented the certificates of recognition. Also present were Dr. Linda Weber, Superintendent of Schools; Greg Denton, Coordinator of Fine Arts; and Dr. Martha Cobble, Principal at Cave Spring High School. 3. Resolution of congratulations to Cave Spring High School Volleyball Team for winning the State Group AA Championship R-040803-8 Chairman McNamara presented the resolution to Dr. Martha Cobble, Principal. Also present were Supervisor Minnix; Dr. Linda Weber, Superintendent; April 8, 2003 313 Tamalyn Tanis, Coach; Dave Tanis, Assistant Coach; and members of the team. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 040803-8 OF CONGRATULATIONS TO THE CAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM FOR WINNING THE STATE GROUP AA CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Cave Spring High School Volleyball Team won the State Group AA Championship on March 1, 2003, with victories over Fauquier High School of 15-0 and 15-3; and WHEREAS, the Knights won the Blue Ridge District and Region III Championships and finished the season with a perfect record of 29 wins and 0 losses; and WHEREAS, Courtney Fitzpatrick was named First Team All-State and Group AA Player of the Year by the Virginia High School Coaches Association and Sarah Lyon was named Second Team All-State; and WHEREAS, the Knights are coached by Tamalyn Tanis, who was selected Coach of the Year for the State, Region and District, and Assistant Coaches Mark Tanis, Lindsay Cannon and Kim Martinez. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of theCAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM: Avelyn Austin, Melissa Berry, Courtney Fitzpatrick, Ashley Greene, Emily Harvey, Megan Horan, Claire Kerr, Sarah Lyon, Katie Morrison, Susan Rodgers, Andrea Secrist, and Brittany Vascik for their athletic ability, their commitment, and their team spirit; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None April 8, 2003 314 4. Resolution of congratulations to Courtney Fitzpatrick for an outstanding volleyball season and being selected as Group AA Player of the Year R-040803-9 Chairman McNamara presented the resolution to Ms. Fitzpatrick. Also present were Supervisor Minnix; Dr. Linda Weber, Superintendent; and Ms. Fitzpatrick’s parents. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 040803-9 OF CONGRATULATIONS TO COURTNEY FITZPATRICK FOR AN OUTSTANDING VOLLEYBALL SEASON AND BEING SELECTED AS GROUP AA PLAYER OF THE YEAR WHEREAS, Courtney Fitzpatrick, a senior at Cave Spring High School, had an outstanding season on the volleyball team; and WHEREAS, Courtney was instrumental in the team winning the District, Region and State Group AA Championships and finishing the season with a perfect 29-0 record; and WHEREAS, Courtney was named to the First Team All-State and was chosen as the Group AA Player of the Year by the Virginia High School Coaches Association; and WHEREAS, Courtney demonstrated leadership, outstanding athletic ability and good sportsmanship throughout the season. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to COURTNEY FITZPATRICK for an outstanding volleyball season and for being selected as Group AA Player of the Year; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Courtney Fitzpatrick in all of her future endeavors. April 8, 2003 315 On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 5. Certificate of recognition to Jennifer Beury, Hidden Valley High School, for placing first in the 3200 meter Group AA State Championship Chairman McNamara presented the certificate to Ms. Beury. Also present were Dr. Linda Weber, Superintendent of Schools; Bret Matthews, Coach; and Ms. Beury’s parents. 6. Certificate of recognition to Jon Copper, Northside High School, for being named First Team All-State in Group AA football Chairman McNamara presented the certificate to Mr. Copper. Also present were Supervisor Flora; Dr. Linda Weber, Superintendent; Jim Hickam, Coach; Allen Journell, Principal, and Mr. Copper’s family. 7. Request to add a new business item to the agenda for the evening session Mr. Hodge requested that the following new business item be added to the evening session: Request by contractor to rescind the 3-way intersection and approve the 4-way intersection and signal light improvement at Indian Grave Road. It was the consensus of the Board to add this item to the agenda. April 8, 2003 316 IN RE: ABSENCE Supervisor Minnix left the meeting at 7:48 p.m. IN RE: FUNDING REQUESTS FOR FISCAL YEAR 2003-2004 BUDGET 1. Cultural and tourism agencies Chairman McNamara advised that this time has been set aside for cultural and tourism agencies to submit funding requests to the Board for the 2003-2004 budget. He noted that agencies will be called upon to speak in reverse alphabetical order. The following representatives spoke on behalf of their agencies: (1) Judith Clark, Young Audiences of Virginia; (2) Caren P. Coker-Jones, YWCA of Roanoke Valley; (3) Wendy J. Jones and Linda Plunkett, Williamson Road Area Business Association (WRABA); (4) Roger Holnback, Western Virginia Land Trust; (5) Roger Ellmore, Virginia’s Explore Park, requested level funding; (6) Katherine Strickland, Virginia Museum of Transportation; (7) Peter R. Lampman, Virginia Amateur Sports; (8) Anthony Conner, Vinton Area Chamber of Commerce; (9) Stanley Andrzejewski, Total Action Against Poverty (TAP) – Dumas Center, requested $250,000; (10) Southwest Virginia Ballet, Gene Post; (11) Stewart Hill, Science Museum of Western Virginia; (12) Debbie Kavitz, Salem-Roanoke County Chamber of Commerce; (13) Leigh Singh. Saint Francis of Assisi Service Dog Foundation; (14) Don Witt and Liz Belcher, Roanoke Valley Greenway Commission; (15) Wayne Strickland, Roanoke Valley Convention & Visitors Bureau; (16) Jack Hans, Roanoke Symphony Society; (17) Tom McKeon and Senator John Edwards, Roanoke High Education Center; (18) Barbara Fasick, Planned Pethood April 8, 2003 317 Clinic, requested $1,500; (19) William Krause, Opera Roanoke, requested $1,200; (20) Lisa Ison, New Century Venture Center; (21) Kirk Ballin, National Conference for Community and Justice; (22) John Levin, Mill Mountain Theatre; (23) Eldon Carr, Medical History Foundation; (24) Sue Taylor, Julian Stanley Wise Foundation; (25) Kent Chrisman, History Museum and Historical Society of Western Virginia; (26) Aletha S. Bolden, Harrison Museum of African American Culture; (27) Charlie Hammill, Downtown Music Lab; (28) Tom Brock, Center in the Square; (29) Beth Poff, Blue Ridge Zoological Society of Virginia; (30) Elizabeth Bower, Arts Council of the Blue Ridge; (31) Susannah Koerber, Art Museum of Western Virginia. IN RE: RETURN Supervisor Minnix returned to the meeting at 8:44 p.m. IN RE: NEW BUSINESS 1. Request by contractor to rescind the 3-way intersection and approve the 4-way intersection and signal light improvement at Indian Grave Road. (Elmer C. Hodge, County Administrator; Arnold Covey, Director of Community Development) Mr. Hodge reported that this item is a request from Allegheny Construction to approve the 4-way intersection at Indian Grave Road. He noted that there have been ongoing safety concerns at this intersection which handles traffic from Clearbrook School, Clearbrook Fire & Rescue Station, a County park, residential areas, and doctor’s offices. The project was submitted for bid as two alternatives: 3-way and 4- April 8, 2003 318 way. The 3-way intersection would address the safety concerns, whereas the 4-way intersection would address the safety concerns as well as provide for future economic development at the intersection. On March 11, 2003, the Board approved the 3-way intersection, due in part to the fact that the County had been unsuccessful in securing the necessary easements and rights-of-ways from the surrounding property owners. Mr. Hodge stated that County staff met with Allegheny Construction on March 19 to discuss the 3-way project. Allegheny Construction Company stated that they preferred to build the 4-way intersection and requested permission to contact the property owners. After several weeks of negotiations, Roanoke County received commitments from both Vine & Branch and Wray and Jackson to donate the necessary rights-of-ways and easements and to contribute to Roanoke County $75,000 each for a total of $150,000 toward the construction of the 4-way intersection. On April 4 Allegheny Construction Company reached an agreement with Dr. Resk whereby Dr. Resk will donate the necessary rights-of-ways and easements to Roanoke County in exchange for services to be provided by Allegheny Construction Company. Mr. Covey presented the following alternatives for the Board: (1) Authorize the County to enter into a contract with Allegheny Construction to build the 4- way intersection subject to the following conditions: (a) Acceptance of the offer of Vine & Branch to contribute $75,000 and the offer of Wray and Jackson to contribute $75,000 for a total of $150,000 to be appropriated to this project, and (b) Property owners on the east side of Route 220 to donate the necessary April 8, 2003 319 rights-of-ways and easements prior to executing the 4-way contract with Allegheny Construction Company, and (c) Reaffirming Resolution 111902-10 approving a County-State agreement with VDOT for construction of a 4-way intersection, and (d) Reaffirming the previous appropriations for this project. (e) Rescind the March 11, 2003 Board action for the 3-way intersection upon Roanoke County receiving items a and b. (2) Reconfirm Board of Supervisors action on March 11, 2003 and authorize the County to execute the contract with Allegheny Construction to build the 3- way intersection. He stated that funding has been appropriated for this alternative as follows: (a) The bid for the 3-way intersection is a total cost of $510,890. (b) Reaffirming the previous appropriations for this project. Supervisor McNamara stated that Item (e) is an action to rescind a vote of the Board. He indicated that it was his understanding that a vote to rescind requires a two-thirds vote without previous announcement (4 out of 5 Board members). Mr. Mahoney stated that the Board’s ordinance establishing rules of procedure, Section 2-115 (g), only indicates that the Board may rescind a previous action regardless of the time that has elapsed. Supervisor McNamara stated that if there were no comments by the Board, he would recommend placing this item on the agenda for the April 22 meeting. Supervisor Minnix stated that he appreciates the Board’s action in approving the 3-way intersection which improves safety in this area. He indicated that he feels there is an opportunity now for the Board to open this land for future economic April 8, 2003 320 development. He noted that Vine and Branch, as well as Dr. Resk, have agreed to donate easements. In addition, the landowners are willing to contribute up to $150,000 to this project. He stated that in the future, the cost for these improvements could be double the expense that currently exists. He encouraged the Board to consider the 4- way alternative which will better plan for the future and establish the opportunity for businesses to develop in this area now. Supervisor Minnix moved to approve Alternative 1 outlined by Mr. Covey. Mr. Mahoney noted that on Page 29 of the Pointers of Parliamentary Procedure, “a motion to rescind is taken up immediately and a two-thirds vote is required for its adoption. In the alternative, the motion will not be debated or voted on until the next meeting, at which time only a majority vote will be required for its adoption.” He stated that the Board’s ordinance does not specifically address a motion to reconsider. Following discussion, it was determined that the Board’s ordinance supercedes Robert’s Rules of Order. In the event that the Board’s ordinance does not address the specific issue, Robert’s Rules of Order would prevail. Mr. Mahoney stated that this would mean that a two-thirds vote would be required for approval at tonight’s meeting, or the matter can be carried over to the next meeting on April 22 at which time only a majority vote would be required. Supervisor Church stated that he had been prepared to support the 4-way intersection at the previous meeting on March 11, but felt that it was going to end up April 8, 2003 321 with “no way”. He stated that the Board needs to look toward the future, and requested that Mr. Covey elaborate on the financial aspects of the project. Mr. Covey stated that the 4-way project is $1.34 million. Out of this amount, VDOT has determined that approximately $800,000 is eligible for reimbursement. He stated that the 3-way intersection bid price is $510,000. The VDOT estimate was $378,000, and the difference in these two amounts will not be reimbursable. Anything below the amount of $378,000 will be eligible for reimbursement. Mr. Covey stated that there is approximately a $100,000 difference for the 4-way intersection. Supervisor Altizer stated that when the Division of Motor Vehicles (DMV) planned to locate at this intersection, the County was prepared to proceed with a 4-way intersection at this site. He noted that the only differences that exist today are the donation of $150,000 from citizens and the donation of land, both of which did not exist at that time. He stated that the only other difference was that economic development was already in place. He indicated that the County is in a better position now to proceed with this project, and he encouraged the Board to support the 4-way intersection at tonight’s meeting. He stated that the Board should not be short-sighted, and indicated that the future development and income derived from this investment make the project worthwhile. Supervisor Floraquestioned what the amount of private contributions were at the time the County was considering the project with DMV. Mr. Hodge stated that he April 8, 2003 322 recalled that the contractor had built in approximately $150,000 to handle easements and rights-of-ways, but this was prior to having a bid on the project. The contractor was the one assigned to build DMV and did not handle the road construction. The County was handling the design and engineering of the road construction, which was not complete at that time, with Hayes, Seay, Mattern & Mattern. The contractor was estimating the cost of the road construction as well as his own costs. The contractor’s contribution of $150,000 was to tie in from the building project to the road construction but did not include road construction. Supervisor Flora stated that assuming that the VDOT reimbursements proceed as outlined above, the 3-way stoplight would ultimately cost the County $124,000 with the balance being reimbursable. He noted that the 4-way cost to the County was $100,000 with the balance being reimbursable. He stated that this will ultimately be VDOT money used to develop this project. He questioned whether this matter would “die” if there is not a two-thirds majority vote at tonight’s meeting. It was noted that a vote to rescind can occur at any time in the future. Supervisor Flora expressed some concerns about not having sufficient time to consider this matter. Mr. Hodge stated that the prior action taken by the Board made the surrounding landowners take this matter seriously and consequently, the County now has the offer of the additional $150,000 plus the donation of easements and rights-of- ways. He noted that these offers may not exist in the future, and future development could proceed along a different route. Mr. Hodge stated that the contractor is under a April 8, 2003 323 time constraint. Mr. Covey noted that the contractor has extended the contract for 30 days and it would be at his option to extend it for an additional 30 days. In addition, continued delays could affect the ability to proceed with the construction during the time the school is on summer break. Supervisor McNamara stated that the current proposed project is not the same as when DMV was scheduled to be at this site. With the DMV project, there was $450,000 in revenue sharing from both the County and DMV. There was also an appropriation of $300,000 from the County as well as the developer. The total project cost for a 4-way intersection at that time was $1.05 million. He stated that the thought at that time was that DMV would be a strong attraction for future development. He stated that this situation no longer exists. He indicated that it will cost $510,000 to build a 3-way intersection and $1.3 million for a 4-way intersection. He stated that this will be $800,000 in taxpayer money whether it comes from Roanoke County or VDOT. He stated that the VDOT reimbursement is for road construction anywhere within Roanoke County. He stated that the only change from the prior meeting’s discussion is the contribution of $150,000 from the landowners. He indicated that the 3-way intersection will cost $320,000 of direct County taxpayer funds ($510,000 - $190,000). He indicated that the direct County contribution for a 4-way intersection is approximately $800,000. He suggested that the information concerning VDOT reimbursements is not being interpreted accurately. He stated that the Board does not fully comprehend how the flow of funds will occur. April 8, 2003 324 Supervisor Minnix stated that in light of the discussion, he would withdraw his motion and requested a work session on this matter at the next meeting. Mr. Hodge requested that the Board proceed with a work session at the next meeting followed by an action item. Supervisor Church asked Mr. Covey to comment on the accuracy of Chairman McNamara’s comments regarding the financing for this project. He stated that it was his understanding that the County was in a more advantageous position. Mr. Covey stated that the County has allocated $482,500 which has been matched by VDOT; the County has allocated $100,000 for the bridge replacement which has also been matched by VDOT; and the Board also appropriated $300,000 at the time the DMV was to be built. The total County allocation is $882,500 and the VDOT allocation toward the project is $582,500. Mr. Covey stated that the amount eligible for reimbursement is $865,000. Mr. Church stated that if a postponement will cause a hardship or further delay construction, he would recommend that a special meeting be called to address this issue. Supervisor Flora requested that this information be placed in writing for the Board to evaluate. Supervisor Minnix noted that other localities do not have a problem using VDOT funds for road projects and he stated that if he can get funds from the State of April 8, 2003 325 Virginia to use for projects in Roanoke County, regardless of whether they are taxpayer dollars, he will do so. Supervisor Church requested a work session, as early as tomorrow if necessary, to consider this matter. Mr. Mahoney stated that in order to call a special meeting, the Board must follow one of two procedures: (1) The chair or any two members may call a special meeting and notice must be in writing and delivered to all the remaining Board members. (2) The Board can vote to adjourn to a special meeting for a stated purpose and no other business can be transacted at the meeting that was not stated in the notice. It was the consensus of the Board to adjourn to a special meeting on Tuesday, April 15 at 5:00 p.m. at the Roanoke County Administration Building, 4th floor training room, for purpose of a work session and action item pertaining to intersection improvements at Indian Grave Road and Route 220. IN RE: PUBLIC HEARINGS AND SECOND READINGS 1. Second reading of an ordinance enacting Section 2-8. Booking Fee for Individuals Incarcerated in the Roanoke County Jail. of the Roanoke County Code to authorize a $25.00 booking fee for administrative processing of prisoners into the Roanoke County jail. (Brent Robertson, Budget Director) O-040803-10 April 8, 2003 326 There was no discussion on this matter and there were no citizens present to speak. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 040803-10 ENACTING SEC. 2-8. BOOKING FEE FOR INDIVIDUALS INCARCERATED IN THE ROANOKE COUNTY JAIL. OF THE ROANOKE COUNTY CODE TO AUTHORIZE A $ 25.00 BOOKING FEE FOR ADMINISTRATIVE PROCESSING OF PRISONERS INTO THE ROANOKE COUNTY JAIL WHEREAS, Section 15.2-1613.1, of the Code of Virginia authorizes local governing bodies to impose and collect a fee of up to Twenty-five Dollars ($25.00) for administratively processing or “booking” prisoners into a local jail in order to partially recover the costs involved in the collection of DNA samples, criminal history background checks and pre- arraignment investigations which are required by state law; and WHEREAS, the Sheriff of Roanoke County desires to begin the implementation of this Booking Fee which will be collected by the various Clerks of the Courts as a court cost in all cases involving incarceration in the Roanoke County Jail and be deposited to the account of the Treasurer of Roanoke County to be used to help defray the costs of processing arrested individuals into the County’s jail; and, WHEREAS, the first reading and public hearing of this ordinance was held on March 25, 2003, and the second reading was held on April 8, 2003. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 2-8. Booking Fee for Individuals Incarcerated in the Roanoke County Jail., of Article I. In General, of Chapter 2, ADMINISTRATION, of the Roanoke County Code be enacted as follows: Sec. 2-8. Booking Fee for Individuals Incarcerated in the Roanoke County Jail. The Clerks of the District and Circuit Courts of the County of Roanoke, respectively shall assess and collect the sum of Twenty-five Dollars ($25.00) as part of the costs in each criminal or traffic case in which a period of incarceration or confinement in the Roanoke County Jail shall be imposed or served as any part of the sentence for conviction of any statute or ordinance. Such sums shall be collected by the Clerk of the Court in which the case is heard, remitted to the County Treasurer and be held by the April 8, 2003 327 Treasurer to defray the costs of processing arrested persons into the Roanoke County Jail. 3. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Second reading of an ordinance enacting Section 2.9. Court Costs for Courthouse Security. of the Roanoke County Code to authorize a $5.00 court cost for individuals convicted in Roanoke County courts to fund courthouse security personnel. (Brent Robertson, Budget Director) O-040803-11 There was no discussion on this matter and no citizens were present to speak. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 040803-11 ENACTING SEC. 2-9. COURT COSTS FOR COURTHOUSE SECURITY. OF THE ROANOKE COUNTY CODE TO AUTHORIZE A $ 5.00 COURT COST FOR INDIVIDUALS CONVICTED IN ROANOKE COUNTY COURTS TO FUND COURTHOUSE SECURITY PERSONNEL WHEREAS, Section 53.1-120, of the Code of Virginia authorizes local governing bodies to impose and collect a fee of Five Dollars ($5.00) to be used by localities to provide funding for courthouse security personnel; and April 8, 2003 328 WHEREAS, the Sheriff of Roanoke County desires to begin the implementation of this Courthouse Security Fee which will be collected by the various Clerks of the Courts as a court cost in all cases involving conviction for violation of any statute or ordinance in these courts and be deposited to the account of the Treasurer of Roanoke County to be used to defray the costs of providing deputies for security in the Roanoke County Courthouse; and, WHEREAS, the first reading and public hearing of this ordinance was held on March 25, 2003 and the second reading was held on April 8, 2003. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 2-9. Court Costs for Courthouse Security, of Article I. In General, of Chapter 2, ADMINISTRATION, of the Roanoke County Code be enacted as follows: Sec. 2-9. Court Costs for Courthouse Security. The Clerks of the District and Circuit Courts of the County of Roanoke, respectively shall assess and collect the sum of Five Dollars ($5.00) as part of the costs in each criminal or traffic case in which an individual is convicted of a violation of any statute or ordinance. Such sums shall be collected by the Clerk of the Court in which the case is heard, remitted to the County Treasurer and be held by the Treasurer subject to appropriation by the Board of Supervisors to the Sheriff’s office for the funding of courthouse security personnel in the Roanoke County Courthouse. 3. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Mr. Church: (1) He indicated that he needed to speak with Mr. Covey and Mr. Mahoney regarding several inquiries he had received from citizens. Mr. McNamara: (1) He requested that staff attempt to identify a surplus well lot in the County that would be suitable for donation to Habitat for Humanity. He indicated that it should be in an area where a Habitat home would be compatible, and he stated that he would like to challenge Roanoke County employees to raise the funds and participate in building the home for Habitat. (2) He stated that he did not feel that April 8, 2003 329 the Indian Grave Road project, which was added as Item T-1, necessitated the scheduling of an additional meeting. He stated that the Board has scheduled numerous additional meetings this year and that if this pattern continues, it will affect the availability and willingness of individuals to serve. Mr. Minnix: (1) He voiced his disagreement with Chairman McNamara’s comments and stated that it was in the best interests of the citizens for the Board members to be sure of every vote before it is cast. He indicated that the reason an additional meeting was necessary was because Chairman McNamara stated he did not have sufficient information on which to base a decision at this meeting. Mr. Church: (1) He voiced his disagreement with Chairman McNamara’s comments and stated that the Board members should be flexible enough to make changes when necessary. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 10:16 p.m. until Tuesday, April 15, 2003, at 5:00 p.m. for purpose of a work session and action item pertaining to intersection improvements at Indian Grave Road and Route 220. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Joseph P. McNamara Clerk to the Board Chairman April 8, 2003 330 This page intentionally left blank