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3/13/2001 - Regular March 13, 2001 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 13, 2001 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 March, 2001. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice-Chairman Joseph Butch Church, Supervisors Bob L. Johnson, Harry C. Nickens A@ (Arrived 3:10 p.m.) MEMBERS ABSENT: Supervisor Joseph McNamara STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. ODonnell, = Assistant County Administrator; Kathie B. Scearce, Community Relations Director IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF March 13, 2001 AGENDA ITEMS Mr. Hodge added a report from County Treasurer Alfred Anderson on the Countys PG&E investment as Item D-1. He also moved citizens comments until after the = work session on fire and rescue staffing; and moved Board inquiries to the evening session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Recognition of the Department of Economic Development for winning the Addy Award for the production of the Center for Research and Technology (CRT) Digital Marketing Piece. Assistant County Administrator Dan ODonnell announced that the CRT = compact disc which was designed to promote the Center as a location for technology related businesses won the Addy award in the 2000-2001 Western Virginia awards ceremony sponsored by the Advertising Federation of the Roanoke Valley and the Ad Club of Central Virginia. Access Advertising Agency, producer of the piece, submitted the award on the Countys behalf. Advertising companies submitted over 400 submissions in 80 = categories in the Western Virginia Addy awards program. Assistant Director Jill Barr and the Economic Development staff consisting of Melinda Cox, Joe Zielinski, and Betty Stewart were recognized for this achievement. IN RE: BRIEFINGS 1. Report on repayment of PG&E Commercial Paper Investment. (Alfred Anderson, County Treasurer) March 13, 2001 Mr. Anderson advised that at the February 13 meeting, the Board was informed that the County investment in PG&E did not pay off on their maturity date of February 1. However the County has now received their $1 million investment plus $5,734.90 in interest from PG&E, and there was no financial loss for the County. 2. Annual Report from the Roanoke Valley Economic Development Partnership. (Phil Sparks, Executive Director) Mr. Sparks showed a power point presentation. He advised that there are 16 economic development groups in the state including the Roanoke Valley Economic Development Partnership, which was established in 1983. The annual budget is $803,442, of which 47% is spent on marketing efforts, 35 % on personnel and 18% on administrative costs. In 2000, the Partnership received 320 inquiries, there were 35 prospect visits and 3 announcements. 3. Briefing by Delegate Morgan Griffith on the pending state 2001- 2002 budget. Delegate Morgan Griffith requested time on the agenda to discuss with the Board the pending state 2001-2002 budget. He advised that in 1999, 1743 bills were passed, and only 1381 were passed this year. He explained that the Governor has more than 34 votes in support of reducing the car tax by 70%, therefore, the House and Senate cannot override the Governor. He also reported that there are not enough funds to give March 13, 2001 pay rises to teachers, state employees and sheriff deputies if the house and senate go back in session. In response to questions, he explained that he was also disappointed that the Senate and House of Delegates could not come to agreement, and that they are looking at revamping the entire tax structure with additional local tax options beside personal property, Business, Professional, Occupational Licence(BPOL) tax and real estate taxes. Supervisor Johnson pointed out that instead of reducing a state tax, they reduced a local tax and he was concerned about the lack of funding for teachers, police, sheriffs and other local offices. Supervisor Minnix pointed out that if the County raises the = personal property tax, they will be considered the bad guys. A@ IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance amending Chapter 19, Solicitors and Solicitations of the Roanoke County Code, providing for additional definitions, revisions to procedures for applications, investigations, approvals and denials, and prohibitions against solicitations in public roads. (Paul Mahoney, County Attorney) O-031301-1 Intern Dana Lazzurri presented the report and advised that this was the second reading of the ordinance which amends the solicitation ordinance at the request of the Commonwealths Attorney, Clerk to the Board and the Police Chief. = Supervisor Minnix expressed support for the ordinance because road solicitations which are currently allowed but would be prohibited under the proposed March 13, 2001 ordinance are causing traffic jams and creating safety hazzards. In response to a question from Supervisor Johnson, Mr. Mahoney advised this ordinance would only apply to active solicitations. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara ORDINANCE 031301-1 AMENDING CHAPTER 19, SOLICITORS AND SOLICITATIONS, OF THE ROANOKE COUNTY CODE, PROVIDING FOR ADDITIONAL DEFINITIONS, REVISIONS TO PROCEDURES FOR APPLICATIONS, INVESTIGATIONS, APPROVALS, AND DENIALS, AND PROHIBITIONS AGAINST SOLICITATIONS IN PUBLIC ROADS WHEREAS, the Board of Supervisors finds that a dangerous condition has developed on the public streets and highways in Roanoke County, with solicitors seeking donations from operators of motor vehicles while in the street, from the curbside or from the median; and, WHEREAS, many of these solicitors are children who do not appreciate the danger from moving vehicles among several lanes of traffic or from the obstruction of traffic arising from these solicitations; and, WHEREAS, these solicitations pose a threat to public health, safety and welfare of the citizens of the County; and, WHEREAS, this ordinance is adopted pursuant to the authority found in Section 15.2-1200, and Section 57-63 of the Code of Virginia, and Section 2.01 of the Roanoke County Charter; and, WHEREAS, the first reading of this ordinance was held on February 27, 2001, and the second reading was held on March 13, 2001. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: (1) That Chapter 19, SOLICITORS AND SOLICITATIONS, is amended to read as follows: Sec. 19-1. Definition. March 13, 2001 For the purpose of this chapter, the term "solicitation" shall mean and include any one or more of the following activities: (1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description. (2) Seeking to obtain prospective customers for application for, or purchase of, insurance of any type, kind or character. (3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any other type or kind of publication. (4) Seeking to obtain contributions for charitable nonprofit organizations or selling any goods, wares, merchandise or other things for the benefit of such an organization. (5) Seeking to obtain donations for individual usage by requesting food, money or any other goods or offering services for these goods. Sec. 19-4. Soliciting prohibited during certain hours and locations. (a) It shall be unlawful for any person to engage in solicitation in the county at any time prior to 9:00 a.m. or after 10:00 9:00 p.m. (b) It shall be unlawful for any person to engage in solicitation from any operator or passenger of a motor vehicle that is in traffic on a public road. A public road shall include the areas of the median and the public right-of-way along the curbside. ARTICLE II. PERMIT FOR CHARITABLE SOLICITATIONS Sec. 19-21. Required; exceptions. (a) It shall be unlawful for any person to make any solicitation for the benefit of a charitable nonprofit organization, unless a permit for such solicitation has been issued pursuant to the provisions of this article. This requirement shall apply to any such solicitation made on the streets, in any public or private place or by mail or telephone. (b) The provisions of this section shall not apply to any solicitation conducted only among the members of the organization involved by other members or officers thereof, voluntarily and without remuneration for such solicitation, or to any solicitation in the form of collection of contributions as the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organization, or of any branch thereof. Membership drives of any organization, either among active or prospective members, shall not be considered to be solicitations for the purposes of this section. Sec. 19-22. Application. Any person desiring a permit required by this article shall file a written application therefor with the county administratorClerk to the Board of Supervisors. Such application shall contain the following information: March 13, 2001 (1) The applicant's name and address and the name and address of the organization for the benefit of which the solicitation is to be made. (2) The name and address of the principal officer or manager of the applicant, if the applicant is other than an individual. (3) The purpose for which any receipts derived from the solicitation are to be used. (4) The name of the person by whom the receipts of the solicitation will be received and disbursed. (5) The name and address of the person who will be in direct charge of conducting the solicitation. (6) An outline of the method to be used in conducting the solicitation. (7) The time during which the solicitation will be made, giving the proposed dates for the beginning and ending of the solicitation, which time period shall not exceed sixty (60)ninety (90) days. (8) A full statement of the character and extent of the charitable, educational or philanthropic work being done within the county by the organization for the benefit of which the solicitation is to be made. (9) The federal tax employer identification number. (10) State and federal tax-exempt identification numbers. (11) Such other information as may be required by the county administrator Clerk to the Board of Supervisors in order for him to fully determine the kind, character and worthiness of the proposed solicitation and for the security of the county and its inhabitants. Sec. 19-23. Investigation as to purposes of proposed solicitation. Upon receipt of an application for a permit under this article, the county administratorClerk to the Board of Supervisors shall make or cause to be made, within a reasonable period of time, such investigation as he deems necessary in regard thereto to determine that the proposed solicitation is, in fact, to be conducted for nonprofit purposes. Sec. 19-24. Issuance or denial. (a) Upon approval of an application for a permit under this article, the county administratorClerk to the Board of Supervisors shall issue the permit authorizing the solicitation described in such application. (b) If the county administratorClerk to the Board of Supervisors disapproves the application, he shall deny the permit. In such case, the applicant shall, upon request, be granted a hearing by the board of supervisorscounty administrator. (c) Upon investigation if it has been determined the applicant has previously violated any section of this code then the application shall automatically be denied. (d) If the county administrator still denies the application, the applicant shall, upon request, be granted a hearing before the Board of Supervisors. March 13, 2001 Sec. 19-25. Does not constitute endorsement by county or county administratorClerk to the Board of Supervisors. No permit issued under this article shall, in any case, be construed as, or be deemed to be, an endorsement by the county or the county administratorClerk to the Board of Supervisors of any of the solicitation or of the purpose for which the same is made. Sec. 19-26. Not transferable. A permit issued under this article shall be nontransferable; provided, however, that this shall not prevent any permittee from using such number of solicitors as are required to conduct the solicitation. Sec. 19-27. Revocation. (a) If, upon receipt of written information or upon his own investigation, the county administratorClerk to the Board of Supervisors shall find: (1) That the holder of a permit issued under this article, or any agent or representative of such holder, is making or has made misrepresentations or untrue statements in conducting the authorized solicitation; or (2) That such solicitation has been or is being conducted in a manner inconsistent or not in conformity with the intent and purpose of this chapter or in a manner which endangers the health, life or property of the citizens of the county; or (3) That any person connected with such solicitation is making or has made any representation that such permit is an endorsement of the solicitation; (a) the county administratorClerk to the Board of Supervisors shall revoke such permit and it shall thereafter be unlawful for any person to make any solicitation pursuant thereto. (b) Before any permit is revoked under this section, the county administratorClerk to the Board of Supervisors shall give the permittee a minimum of twenty-four (24) hours' notice, in writing, that a hearing is to be had before the county administrator and that, at such hearing, the county administrator shall ascertain the facts, and if any reason above set forth for revoking the permit is found to exist, the permit shall be revoked by the county administratorClerk to the Board of the Supervisors. (c) If the county administrator agrees with revocation of the permit the permittee shall be allowed to appeal to the Board of Supervisors whereas the Board will review the facts and determine whether is justification for the permit to be revoked. (2) That this ordinance is effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the March 13, 2001 following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara IN RE: CONSENT AGENDA R-031301-2; R-031301-2.h; R-031301-2.i; R-031301-2.j; R-031301-2.k Supervisor Minnix moved to adopt the Consent Resolution after discussion of Items 9, 10 and 13. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara Mr. Mahoney advised that the abandonment of Arthur Thurman Road is a two-step process and there may be a public hearing for public comment. Supervisor Johnson asked if all issues concerning the acceptance of water and sewer facilities serving Belle Grove, Section 2 have been addressed and if the roads have been accepted into the State system. Mr. Mahoney advised that the issues have been addressed and that he will check on the roads. RESOLUTION 031301-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for March 13, 2001 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 13, inclusive, as follows: 1. Approval of Minutes - December 19, 2000, January 23, 2001, January March 13, 2001 27, 2001. 2. Confirmation of Committee Appointment to the Roanoke Valley- Alleghany Regional Commission Metropolitan Planning Organization. 3. Acceptance of Water and Sewer Facilities Serving Winn Dixie Food Store. 4. Request from schools for approval of the Roanoke Valley Regional Board budget amendment for 2000-2001 in the amount of $7,121. 5. Request from schools for acceptance of $700 Grant from the Virginia Commission for the Arts. 6. Acceptance of $5,000 grant from Virginia Tourism Corporation for promotion of Valleyfest. 7. Acceptance of $1,000 donation from Fab 5K Race for Green Hill Park improvements. 8. Appropriation of $24,250 for Temporary Assistance to Needy Families (TANF) Family Violence Intervention Program. 9. Resolution initiating the abandonment of Arthur Thurman Road from the Virginia Secondary System of State Highways. 10. Resolution of Appreciation upon the retirement of Victoria S. Dillard, Department of Social Services. 11. Resolution adopting guidelines for the 2001 redistricting of Roanoke County. 12. Acceptance of Old Black Horse Road and a portion of Carolina Trail into the Virginia Department of Transportation Secondary System. 13. Acceptance of water and sewer facilities serving Belle Grove, Section 2. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: March 13, 2001 AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara RESOLUTION 031301-2.h OF THE BOARD OF SUPERVISORS INITIATING THE ABANDONMENT OF ARTHUR THURMAN ROAD FROM THE VIRGINIA SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, safe, efficient, and controlled access is of critical importance to the proposed Hidden Valley High School slated to open in the Fall of 2002; and, WHEREAS, using Arthur Thurman Road, (State Secondary Route 1551), as the route of proposed access to the high school was discussed during the siting of the high school in 1999; and, WHEREAS, to achieve safe access to the high schoolSecondary Route 1551, from Pleasant Hill Drive to its western end, a distance of approximately 105 feet, appears to no longer serve general public conveyance warranting its maintenance at public expense and should be abandoned as part of the Secondary System of State Highways. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA as follows: 1. The County Administrator is authorized to initiate all necessary steps to initiate the abandonment of this section of roadway. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Salem District Resident Engineer for the Virginia Department of Transportation. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara RESOLUTION 031301-2.i EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF VICTORIA S. DILLARD, SOCIAL SERVICES, AFTER TWENTY-ONE YEARS OF SERVICE WHEREAS, Victoria S. Dillard was first employed by Roanoke County on February 1, 1979 in the Social Services Department as a Clerk Typist; and also served as Clerk III, Eligibility Worker and Senior Eligibility Worker; and WHEREAS, Ms. Dillard retired from Roanoke County on February 1, 2001 as a Social Services Aide I after twenty-one years of service; and WHEREAS, Ms. Dillard served all of the Roanoke County residents she came in contact with while employed as a Social Services Aide or Eligibility Worker with great care and concern; and March 13, 2001 WHEREAS, Ms. Dillard was instrumental in the formation of the Case Management System, a vital tool used by the Department's Eligibility Staff in conducting their complex duties; and WHEREAS, Ms. Dillard, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens, as well as her co-workers at the Department of Social Services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to VICTORIA S. DILLARD for twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara RESOLUTION 031301-2.j ADOPTING GUIDELINES FOR THE 2001 REDISTRICTING OF ROANOKE COUNTY, VIRGINIA WHEREAS, on February 27, 2001, the Board of Supervisors of Roanoke County held a public hearing to receive public comments on developing guidelines for the redistricting of Roanoke County in accordance with the decennial census; and WHEREAS, notice of this public hearing was published in the Roanoke Times and World News, the Salem Times Register, the Vinton Messenger, and the Roanoke Tribune; and written notice was sent to numerous civic organizations; and WHEREAS, the Board of Supervisors finds that the following procedures shall guide the 2001 redistricting process. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That Roanoke County shall continue to be divided into five single- member election districts; and 2. That the Town of Vinton should be contained entirely within one district; and 3. That each district will have equal population based upon the 2000 Census, with no more than a plus/minus 5% deviation between districts; and 4. That each district should be compact and contiguous, unusual elongations or irregularity of boundaries should be avoided; and 5. That each district shall be identified by clearly definable and distinguishable boundaries such as streets, rivers, streams, drainage features, or other permanent physical features shown on official maps; and 6. That districts should reflect "communities of interest" taking into March 13, 2001 consideration rural, suburban and urban interests, as well as income and neighborhood characteristics; and 7. That the location of racial or language minorities should be identified for the purpose of establishing districts; and 8. That one or more Roanoke County redistricting plans shall be prepared by Roanoke County Registrar Diane St. John, County Planner Terry Harrington, and County Attorney Paul Mahoney. 9. That this resolution shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara RESOLUTION 031301-2.k REQUESTING ACCEPTANCE OF OLD BLACK HORSE ROAD AND A PORTION OF CAROLINA TRAIL INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of ' Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors Johnson, Church, Nickens, Minnix Nays: None Absent: Supervisor McNamara March 13, 2001 IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote with Supervisor McNamara absent. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Report on solid waste collection IN RE: WORK SESSIONS 1. Work Session to present the Fire and Rescue staffing plan and review call statistics The work session was held from 4:30 p.m. until 6:05 p.m. in the Board Meeting Room and was presented by Mr. Hodge and Chief Burch. Mr. Hodge expressed appreciation to the Board for authorizing the addition of 20 career staff. He pointed out that the stations cannot function with just one additional staff because it takes two people to take an ambulance out and three people to staff a fire truck. He reported that Phase I is complete and staff is ready to move on to Phase II. They have focused on the rescue side, placing priority on life over property. Chief Burch showed a power point presentation. He reported that beginning on December 11 a new dispatch system was implemented, and a complete analysis of EMS calls was undertaken. He advised that from December 11, 2000 to January 31, 2001, March 13, 2001 there were 1456 calls. There are currently 57 career staff with a planned staff of 77. At this time, the Cave Spring station has enough volunteer support that they can adequately provide Advanced Life Support (ALS) coverage for their calls. By adding three 24-hour ALS units at three other high volume stations, it is projected that the County will be able to provide 71% of the total County call volume with ALS coverage on a 24-hour basis at the Hollins, Cave Spring, Vinton and Fort Lewis stations. The enhanced system will also allow for the increase of career coverage to 12-hour shifts during the weekend days at Back Creek, Masons Cove and Clearbrook. He reported that the other existing needs include = additional staffing for Clearbrook Station to enhance the zone ALS ambulance system; additional staffing for Fort Lewis Station to enhance countywide ladder coverage and provide second ambulance during peak daytime weekend hours; and provide staffing at Mount Pleasant and at Bent Mountain. Joe Coyle, chairman of the Rescue Chiefs Board, was present, and advised that while this was not a perfect plan, and there are some valid criticisms, the plan is much improved and the Volunteer Rescue Chiefs Board endorses the recommendations. It was the consensus of the Board to bring back staffing alternatives and financing options to move forward with Phase II with funding options to include increasing the decal fee and the 911 tax. Another work session as scheduled for March 27, 2001. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Michael Altizer, 3005 Valley Stream Drive, 1. Mount Pleasant, requested that the Board move forward with financing for Phase II of the plan and March 13, 2001 suggested increasing the decal fee by $5.00 Michael Roop, 3033 Bonsall Lane, 2. Mount Pleasant Civic League, felt that the proposed plan is flawed and presented comments from the civic league meeting and a petition. Krochalis, 8428 Patterson Drive, Annie Bent Mountain, President of 3. the Bent Mountain Civic League, expressed concern about the lack of coverage on Bent Mountain, and advised that the communities of Mount Pleasant, Catawba and Bent Mountain have joined together to voice their concern. Bradley Foro, 8235 Poor Mountain Road, 4. Bent Mountain, complained that the tax rate on motor homes was excessive and asked that the Board consider Senate Bill 115 which allows motor homes to be taxed at the real estate tax rate of $1.13 instead of the personal property tax rate of $3.50. Supervisor Minnix asked Mr. Hodge and Mr. Mahoney to investigate and report back to the Board. Brent Riley, 5280 Wade Road 5., presented a proposed resolution that he asked the Board to consider adopting which supports use of existing pipeline easements where feasible for the Virginia Gas Pipeline. Supervisor Minnix asked that the issue be considered at the evening session when the Board has had time to review the proposed resolution. IN RE: CLOSED MEETING At 6:10 p.m., Supervisor Minnix moved to go into closed meeting following the March 13, 2001 work sessions pursuant to Code of Virginia Section 2.1-344A (3) acquisition or sale of publicly held property, i.e. Lloyd Property, Salem Bank and Trust, Salem Office Supply. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara IN RE: WORK SESSIONS 1. Joint budget work session with the School Board and School Administration The work session was held from 6:10 p.m. until 6:30 p.m. in the fourth floor conference room. School Board members, Michael Stovall, Chairman, Marion Roark, William Irvin, and Thomas Leggette; School Superintendent Linda Weber, Assistant Superintendent Jim Gallion, Budget Director Penny Hodge, and Supervisors Lorraine Lange and Tom Hall were present. Dr. Weber presented the proposed school budget. There was general discussion on the loss of state funding. There was consensus to meet again in a work session format again to discuss budget specifics. 2. Work Session to develop guidelines for zoning approvals of private and commercial stables The work session was held from 6:35 p.m. until 6:40 p.m. Ron Smith, March 13, 2001 representing the Roanoke Valley Horsemens Association, was present. = It was the consensus of the Board to make no changes but requested assistance from Mr. Smith with such issues as manure and odor problems which caused complaints from neighbors. 3. Proposed amendments to the Street Light Policy This work session was postponed to March 27, 2001. IN RE: CLOSED MEETING The closed meeting was held from 6:45 p.m. until 7:10 p.m. IN RE: CERTIFICATION RESOLUTION R-031301-3 At 7:10 p.m., Supervisor Minnix moved to return to open session and adopt the Certification Resolution. Mr. Mahoney advised that Supervisor Johnson was absent for a portion of the Closed Meeting. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara RESOLUTION 031301-3 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 March 13, 2001 accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara IN RE: NEW BUSINESS 1. Report and recommendation concerning the acquisition of real estate located at 220 East Main Street, Salem, Virginia, known as the Salem Bank and Trust Building. (Paul Mahoney, County Attorney) A-031301-4 Assistant County Administrator John Chambliss reported that the County has tried to acquire property to relieve part of the space constraints within the Courthouse. They also currently lease space in several buildings and have a ten year lease for the Department of Social Services at the Salem Bank and Trust Building. Staff has negotiated a contract to purchase the Salem Bank and Trust property in the amount of $2.5 million. The suggested method of financing is a March 13, 2001 lease/purchase through the Industrial Development Authority (IDA). The building will be owned by the County, leased to the IDA for a period not to exceed 25 years and leased back to the County. Mr. Chambliss recommended that the staff be authorized to work with the IDA to create a financing package for approximately $2.5 million. The first reading of the ordinance is scheduled for March 27, 2001. Paul Bell, 2705 Hillbrook Drive S. W. expressed concern about rising taxes and questioned what the cost was for the purchase and where the funds were coming from. Mr. Hodge explained that the purchase will actually save money because we are currently renting space and it is estimated that the net rental income from the building will be fairly substantial. Supervisor Nickens moved to proceed with finalizing the purchase and financing package. The motion carried by the following recorded vote: AYES: Supervisors Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara ABSTAIN: Supervisor Johnson IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance accepting an offer for and authorizing the sale of 37.86 acres of real estate located in the City of Salem -The Lloyd Property, Tax Map No. 194-1-1. (Paul Mahoney, County Attorney) (ACTION CONTINUED FROM 2/13/01 March 13, 2001 AND 2/27/01 This item was continued to March 27, 2001. IN RE: BUDGET PRESENTATIONS 1. Requests from Social Services, Cultural and Tourism agencies for inclusion in the FY2001-2002 budget. (Brent Robertson, Budget Director) Forty-eight agencies requested funding from the Roanoke County budget for fiscal year 2001-2002. They were: 1. Roger Ellmore, Virginias Explore Park, requested $215,000. = 2. Sigmund Davidson, Center in the Square, requested $75,000 and presented a petition signed by 159 people. 3. Daren Gunter, Roanoke Valley Interfaith Hospitality Network, requested $8,000 for emergency homeless shelter for families. 4. Ted Edlich, Total Action Against Poverty, requested $33,500. 5. Ellen Brown, the Transitional Living Center, requested $22,000. 6. William B. Robertson, Camp Virginia Jaycees, requested $70,000 or $14,000 per year for five years. 7. Pam Irvine, Southwest Virginia Second Harvest Food Bank, requested $10,000. 8. Dan Brown and Steve Smith, American Red Cross in Roanoke, requested $4,000 for their disaster program. March 13, 2001 9. Roger D. Matthews, Goodwill Industries of the Valleys, requested $16,000 to be used for transportation. 10. Dawn Field, Adult Care Center of Roanoke Valley, requested $12,480. 11. Ken Schutz, Science Museum of Western Virginia, requested $25,000 for capital and $25,000 for operating. 12. Raymond Cobb, LOA Areas Agency on Aging, requested $25,698. 13. Katherine Strickland, Virginia Museum of Transportation, requested $15,000. 14. Jim Sikkema, Blue Ridge Behavioral Healthcare, requested $117,755. 15. Karen Michalski-Karney, Blue Ridge Independent Living Center, requested $10,000. 16. Mary Anne Chamberlain, Bethany Hall, requested $6,600 for their day program. 17. Beth Poff, Mill Mountain Zoo, requested $12,000 for operation and $125,000 for capital. 18. Dave Kjolhede, Roanoke Valley Convention and Visitors Bureau, requested $125,000. 19. Arlene Murphy, CHIP of Roanoke Valley, requested $21,600. 20. Colleen Carrell, TRUST, requested $12,000 to be used for their transitional program shelter. 21. Jim Phipps, Roanoke Valley Greenway Commission, requested $11,400. 22. Stuart Israel, Good Samaritan Hospice, requested $7,500. March 13, 2001 23. Peter Lampman, Virginia Amateur Sports, requested $60,000. 24. John Levin, Mill Mountain Theater, requested $7,500. 25. Judy L. Larson, Art Museum of Western Virginia, requested $8,000. 26. Bob Slaughter and Richard Burrow, National D. Day Memorial, requested $10,000. 27. Shannon Brabham, Prevent Child Abuse Roanoke Valley, requested $3,850. 28. Aletha Bolden, Harrison Museum of African American Culture, requested $5,000. 29. Carol Key, Roanoke Valley CASA (Court Appointed Special Advocate), requested $6,000. 30. June House, Big Brothers, Big Sisters of the Roanoke Valley, requested $5,000. 31. Sandra Simmons, Bradley Free Clinic, requested $3,470. 32. Dr. Bill Krause, Opera Roanoke, requested $1,200. 33. Kent Chrisman, History Museum of Western Virginia, requested $10,000. 34. John Pendarvis, Family Service of Roanoke Valley, requested $6,000. 35. Kathy Ryder, Roanoke Area Ministries, requested $6,000. 36. Wendy Moore, NCCJ, requested $1,000. 37. Christine Poulson, Conflict Resolution Center, requested $6,000. 38. Pam Kestner-Chappelear, Council of Community Services, requested $3,150. March 13, 2001 39. Karen Mason, Habitat for Humanity in the Roanoke Valley, requested $11,000. 40. Rob Logan, To The Rescue Museum, requested $35,000. 41. Treena Fogg, Alzheimers Association, Blue Ridge of Virginia Chapter, = requested $1,500. 42. Susan Doyle, Roanoke Symphony, requested $10,000. 43. Brian G. Duvall, Salem-Roanoke County Chamber of Commerce, requested $10,000 for four years. 44. C. Hart Merriam, Young Audiences of Virginia, requested $5,140. 45. Greg Adams, Roanoke Valley Speech and Hearing Center, requested $1,000. 46. Gene Post, Southwest Virginia Ballet, requested $1,000. 47. Becky Gilles, Smith Mountain Lake 4-H Center, requested $3,000. 48. Michael Chandler, Salem/Roanoke County Community Food Pantry, requested $10,000. IN RE: ADOPTION OF A RESOLUTION TO THE STATE CORPORATION COMMISSION CONCERNING THE VIRGINIA GAS PIPELINE R-031301-5 Supervisor Minnix moved that staff prepare a resolution to be sent to the State Corporation Commission. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix March 13, 2001 NAYS: None ABSENT: Supervisor McNamara RESOLUTION 031301-5 REQUESTING THAT THE STATE CORPORATION COMMISSION CONSIDER THE UTILIZATION OF EXISTING EASEMENTS WHENEVER FEASIBLE IN THE MERGER OF NUI CORPORATION AND VIRGINIA GAS CORPORATION WHEREAS, the Board of Supervisors of Roanoke County, Virginia has previously submitted its comments to the State Corporation Commission on Case No. PUA000079, the proposed merger of NUI Corporation, VGC Acquisition, Inc., and Virginia Gas Company; and WHEREAS, on August 8, 2000, the Board of Supervisors of Roanoke County Virginia adopted Resolution 080800-4, emphasizing the important of co-location of public utility facilities wherever feasible, and WHEREAS, the Board of Supervisors of Roanoke County, Virginia continues to support the co-location of this new natural gas pipeline within the existing natural gas pipeline easements. THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS AS FOLLOWS: 1. That the construction plan that will be implemented if the State Corporation Commission approves the proposed merger of Virginia Gas Company and the NUI Corporation will not be in the best interests of Roanoke County or its citizens; and 2. That consideration should be given to the feasibility of utilizing the existing pipeline easement of Duke Energy where it exists within the certificated 1000 foot corridor; and 3. That the propriety of additional certification should be considered to allow the use of the existing pipeline easement where it is feasible outside of the current certified 1000 foot corridor for the purpose of preserving and protecting the environment, the viewshed and scenic integrity of Roanoke County. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the delegates and senators representing the Roanoke Valley in the General Assembly requesting their support for the Board=s efforts to preserve the environment, the viewshed and scenic beautify of the Roanoke Valley by encouraging co-location wherever feasible. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS March 13, 2001 These reports and inquiries were made after the evening session. Supervisor Johnson: He expressed concern about the budget dilemma because of the decreased state funding for localities due to the 70% car tax reimbursement, and advised that he supported Senator Bo Trumbos assessment of the = situation. Supervisor Church: (1) He concurred with Supervisor Johnsons concerns = about the impact of the state budget on the localities. (2) He announced that the Salem- Roanoke County Chamber of Commerce recently named Connie Finnerty, Clearbrook Elementary School, as teacher of the year and Ken Broughman as police officer of the year and asked Clerk to the Board Mary Allen to schedule recognition of them at a future Board meeting. Supervisor Minnix: He announced that the Street Light Policy Work Session has been deferred to March 27, 2001. IN RE: ADJOURNMENT At 10:52 p.m., Chairman Minnix adjourned the meeting. Submitted by, Approved by, __________________ ________________ Mary H. Allen, CMC H. Odell Minnix Clerk to the Board Chairman