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
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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)
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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
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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
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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
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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.
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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
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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
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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
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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.
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(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.
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(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
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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
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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
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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
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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.
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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:
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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.
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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
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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.
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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;
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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-
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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
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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
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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
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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
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