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5/8/2001 - Regular May 8, 2001 249 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 8, 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 May, 2001. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice-Chairman Joseph “Butch” Church, Supervisors Bob L. Johnson, Joseph McNamara, Harry C. Nickens MEMBERS ABSENT: None 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. O’Donnell, Assistant County Administrator; Kathi B. Scearce, Community Relations Director IN RE: OPENING CEREMONIES The invocation was given by the Reverend Samuel W. Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. May 8, 2001 250 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added Item D-3, presentation by General Services Director Anne Marie Green on the recently published Roanoke County Celebrate 2000 photograph book. Mr. Mahoney added an item to the closed meeting pursuant to Section 2.1- 344 A (7) legal counsel concening litigation, Bova vs. Cox Communications. Supervisor Nickens requested that item E-3, Expansion of Training Opportunities for the Police Department, be discussed in closed meeting pursuant to Section 2.1-344 A (7) consultation with legal counsel, contract with Cardinal Academy. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declaring week of May 13 - 19, 2001 as National Historic Preservation Week. The proclamation was accepted by Dr. Norma Jean Peters, the Roanoke Valley Reservation Foundation Board member, and Dr. John Kern, Executive Director of the History Museum and Historical Society of Western Virginia. Supervisor Nickens moved to adopt the proclamation. The motion carried by the following recorded vote: May 8, 2001 251 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Recognition of Connie Finnerty for being named Teacher of the Year by the Salem-Roanoke County Chamber of Commerce. Mrs Finnerty was present to receive a Certificate of Recognition, and was accompanied by Ms. Christina Flippen, Clearbrook Elementary School Principal. IN RE: BRIEFINGS 1. Briefing on Existing Business Survey. (Douglas Chittum, Economic Development Director and Melinda Cox, Economic Development Specialist) The briefing was presented by Douglas Chittum and Melinda Cox. Ms. Cox reported that on May 4, 2001, the 2001 Existing Business Survey was mailed to 5,569 Roanoke County businesses. The purpose of the survey is to receive input on how Roanoke County might tailor its services to meet the current and future needs of the local business community. It also provides the opportunity for willing participants to partner with Economic Development staff in planning and implementing a comprehensive Existing Business Retention Program that will be responsive to the needs and concerns revealed in the survey results and the ensuing workshops to be held with the volunteer business May 8, 2001 252 partners. Economic Development Specialist Melinda Cox will be responsible for implementing the Existing Business Program. 2. Briefing on Leadership trip to Portland, Maine. (Elmer Hodge, County Administrator, Diane Hyatt, Chief Financial Officer, Lorraine Lange, Roanoke County Schools) The briefing was presented by Elmer Hodge, Diane Hyatt and Lorraine Lange. Mr. Hodge reported that he, Ms. Hyatt, and Ms. Lange accompanied 40 other people to Portland, Maine to see what methods they have used to improve their neighborhoods and encourage economic development. Ms. Hyatt advised that representatives from Roanoke County, Roanoke City, and the Town of Vinton went to learn how Portland was turned into a technology center with a vibrant downtown area. They developed a program with “spiral email” to contact residents who had left Portland for other areas encouraging them to move back. Ms. Lange represented the Salem-Roanoke County Chamber of Commerce and advised she was most impressed with the regional cooperation of the participants. Mr. Hodge responded that he was impressed with the cleanliness of the area. 3. Presentation of Roanoke County Celebrate 2000 Photography Book. (Anne Marie, General Services Director) May 8, 2001 253 Ms. Green announced that the Roanoke County “Coffee Table” book, one of the “Celebrate 2000" projects, has now been published and presented a copy to each of the Board members. IN RE: NEW BUSINESS 1. Request to approve Fiscal Year 2001-2002 Budget for the Roanoke Valley Resource Authority. (Diane Hyatt, Chief Financial Officer and John Hubbard, CEO, RVRA) R-050801-1 Mr. Hubbard advised that the budget totals $8,323,525 which represents an increase of 4% from the current budget, and includes a 4% salary increase and no new personnel. The budget also maintains the commercial tipping fee at $55 per ton. However, the municipal tipping fee will be reduced by nine cents to $42 per ton which is due to the accumulation of surplus funds and conservative spending. The reduced tipping fee will generate savings to the County of approximately $300,000. Mr. Hubbard reported that the Resource Authority has been in business for seven years and has used 20% of the landfill capacity. They have finished preparing another eight acres which will last another six years, and the current bonds will be paid up in 2012. In response to questions from Supervisor McNamara, Mr. Hubbard advised May 8, 2001 254 there is $2.8 million in the reserve fund, and that there was no reduction in the tipping fees for commercial and private haulers because they do not have a contract with the Resource Authority similar to the one with that the City, County and Town has. In response to questions from Supervisor Johnson, Mr. Hubbard advised that there is $22 million in the Undesignated Fund Balance including all reserves, and that the landfill is comprised of 1200 acres. Supervisor Nickens moved to adopt the resolution approving the budget and that $300,000 savings be added to the County’s budget to offset the current budget shortfall as requested in the County Administrator’s comments. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 050801-1 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30, 2002 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of Vinton; and WHEREAS, by report dated March 28, 2001, a copy of which is on file in the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has submitted a request that the County approve the budget of the Roanoke Valley Resource Authority for the year ending June 30, 2002. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the budget for the year ending June 30, 2002 for the Roanoke Valley Resource Authority as set forth in the March 28, 2001, report of the Authority Chairman, a May 8, 2001 255 copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor to adopt the resolution approving the budget and that $300,000 savings be added to budget to offset shortfall as requested in County Administrator’s comment, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Request to approve Fiscal Year 2001-2002 Budget for Roanoke Valley Cable Television. (Elaine Simpson, Cable Access Director) A-050801-2 Ms. Simpson reported that the initial equipment and facilities for the television studio were funded through a capital grant from Cox Communications in the amount of $480,000. The studio is located at the Jefferson Center, and currently employs five full time staff members. The staff produces videos and shows for the local governments and school systems, which are cablecast along with government meetings on Cox Communications Channel 3 and Adelphia Communications Channel 3 in the West County area. Ms. Simpson explained that RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town. The operational budget for RVTV is provided by the three May 8, 2001 256 governments, based on the proportion of Cox customers located in each jurisdiction; and 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%. Ms. Simpson reported that during 2000-2001, RVTV has produced 29 videos and television shows, 24 live Board meetings, and upkeep of the Message Board for Roanoke County. RVTV staff members are responsible for writing original scripts, videography, graphic design, and video editing. During the past year, video production at the studio has increased by 8%, the average hours of programming per month has increased by 13%, and closed captioning capabilities were added to the Board of Supervisors meetings. Ms. Simpson advised that the Roanoke Valley Cable Television Committee has approved the RVTV budget request of $269,616, of which Roanoke County’s share is 40%, or $107,846, an increase of $6,806 over last year’s budget. The total franchise fee paid by Cox to Roanoke County last year is $625,385 and 20% of that is $125,077 or $17,231 more than this budget request. Supervisor McNamara moved to approve the budget for Roanoke Valley Cable Television. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None May 8, 2001 257 3. Request to expand the training opportunities for the Police Department. (Ray Lavinder, Chief of Police) This item was discussed in Closed Meeting and no action was taken. 4. Request to apply to the State for a Social Work Supervisor Position in the Department of Social Services. (Betty McCrary, Director of Social Services) A-050801-3 Dr. McCrary reported that this request is to seek permission from the State to employ a full time Social Work Supervisor effective July 1, 2001, and to increase the Classification Plan by one full time position. The State will provide 80% funding required for this position. The remaining 20% will come from Title IV-E reimbursement, City of Salem share of administrative costs and the current Social Service budget. No new County dollars will be required. Dr. McCrary requested authority to seek approval by the State Department of Social Services to add one Social Work Supervisor position to the Department of Social Services. Once approved, staff will submit a report on the consent agenda authorizing the increase of allocated staff by one position and appropriating the new monies to cover the cost. May 8, 2001 258 Supervisor Minnix moved to authorize the application for an additional position. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 5. Request for appropriation for new fire alarm system for the Roanoke County Administration Center. (Anne Marie Green, Director of General Services) A-050801-4 Ms. Green explained that the current fire alarm system at the Roanoke County Administration Center met the Fire Code at the time it was installed, but is not in compliance with current law. There is no visual alarm, the floors are not connected, and the elevators automatically return to the first floor, even if a fire is detected there. During recent fire drills at the building, employees and citizens were not able to evacuate in a safe manner, because the alarm system could not be heard throughout all four floors. In a real emergency, people in the building would be at risk of serious injury. During the recent purchase of the Salem Bank and Trust Building, funding was included to address similar issues in that facility. The only other two story County building with public access is the Courthouse, which has an alarm system in place. Ms. Green advised that staff worked with a consultant to review the current May 8, 2001 259 Code and the fire alarm system at the Administration Center. The consultant designed a system which will address the deficiencies and bring the building up to Fire Code and ADA regulations. The fire marshal and building official have reviewed the plans and are in agreement with the design. The system was placed out to bid, and a bid opening was held on April 10. Including professional fees and a 10% contingency fund, the lowest responsible bid was $101,500, and funds are available in the capital fund unappropriated balanceto cover this cost. Supervisor Church moved to appropriate $101,500 for the new fire alarm system for Roanoke County Administration Center. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance appropriating the funds for the fiscal year 2001-2002 budget. (Brent Robertson, Budget Director) Mr. Robertson reported that the 2001-02 fiscal year budget was presented to the Board on April 24, 2001. A public hearing is being held later during this meeting to receive written and oral comment from the public. This year’s appropriation ordinance again includes Projected Fund Balance amounts and discloses all significant financial May 8, 2001 260 resources available to fund County operations for the fiscal year. The total County budget is $281,939,816 including all interfund and intrafund transfers. The budget net of transfers is $205,570,726. Supervisor McNamara asked about the $650,000 anticipated year-end surplus and how the $300,000 savings from the Resource Authority will be used. Mr. Hodge responded that the County deferred the CPMT funding and the funding for the Detention Center which left a shortfall of $300,000. Supervisor McNamara also inquired how the funding for tourism will be used and Mr. Hodge responded that he would like to discuss that in a work session format. Supervisor Church asked about funding to the various agencies and requested that the Board develop a better format for future budget discussions. Mr. Robertson also advised that there was consensus by phone conversations with several of the Board members to fund an additional $2,500. Supervisor Nickens responded that he was philosophically opposed to decision-making by telephone conversations. Supervisor Johnson moved to approve the first reading and set the second reading for May 22, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. First reading of ordinance enacting Article VI. Fee for Services of May 8, 2001 261 Chapter 2, Administration of the Roanoke County Code, to require a permit to operate emergency medical services vehicles in the County, to establish reasonable charges for permitted activities and minimum standards for operations, and to provide for appeals from denials, revocations or suspensions of permits. (Joseph Obenshain, Sr. Assistant County Attorney) Mr. Obenshain advised that this ordinance will authorize the establishment of an ambulance fee for service. The actual fee will be determined by resolution at a later date. Supervisor Nickens questioned the need for the detailed language in the first paragraph on Page 2 of the ordinance and felt that the ordinance did not need this level of specificity. Mr. Obenshain responded that the staff was trying to encapsulate the purpose of the ordinance but will change it for the second reading of the ordinance. Supervisor Church advised that many elderly are concerned that they will have to pay the fee even if they don’t have insurance, that the County needs to make sure that no one will be denied, and that the procedure should require as little paperwork as possible. Supervisor Nickens moved to approve the first reading with paragraph 1, page 2 of the ordinance amended with less specific language by the second reading, and set the second reading and public hearing for May 22, 2001. The motion carried by the May 8, 2001 262 following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 3. Ordinance amending the Roanoke County Code by amending Section 21-73, General Prerequisites to grant of Division 3, Exemption for elderly and disabled persons of Chapter 21.Taxation to increase the total combined income provision for real estate tax exemption for the elderly and handicapped. (Paul M. Mahoney, County Attorney) Mr. Mahoney reported that this ordinance increases the total combined income limitation of the County’s real estate tax exemption program for elderly or disabled persons from $30,000 to $50,000. The real estate tax is a calendar year tax. If the Board adopts the ordinance, it will go into effect January 1, 2002 for the 2002 calendar year. No fiscal impact would be realized until the next fiscal year. Supervisors Johnson and Church advised that they thought the ordinance would go into effect immediately, not in January 2002 and would support moving forward with the increased limit at this time. Supervisor McNamara expressed concern that while he supported tax relief for the elderly and disabled, this increase is higher than the median income in Roanoke County which is $43,000. Supervisor Nickens expressed concern May 8, 2001 263 about the impact on the Commissioner of the Revenue’s Office if the ordinance went into effect immediately. Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for May 22, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None Staff was directed to bring back the implications of the ordinance going into effect on July 1, 2001. 4. First reading of an ordinance authorizing conveyance of an easement to Verizon-Virginia, Inc. for Communications Facilities on the northwesterly side of Peters Creek Road on property known as the Public Safety Center owned by the Board of Supervisors and located in the Catawba Magisterial District. (Anne Marie Green, General Services Director) Ms. Green advised that Verizon-Virginia, Inc. has requested a 14 x 30 foot easement on the Public Safety Center property, Tax Map No. 37.10-1-21.2, to allow access to and installation of new fiber optic fed equipment that will provide facilities relief in the Peters Creek Road area. The new equipment will consist of two cabinets to be May 8, 2001 264 mounted on concrete pads with buried conduit running to the closest pole. Supervisor Church moved to approve the first reading and set the second reading for May 22, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 5. First reading of an ordinance authorizing a lease agreement with Devon Mobile Communications, L.P. for use of the Goat Rock Water Tank for installation of a cellular antenna located in the Catawba Magisterial District. (Gary Robertson, Utility Director) Mr. Robertson reported that Devon Mobile Communications, L.P. has approached the Roanoke County Utility Department about the possibility of installing a cellular repeater antenna on the Goat Rock water tank. The Goat Rock water tank is located on the western side of “Big Hill” off Viewpoint Avenue. Devon Mobile Communications, L.P. has submitted a proposed lease agreement and an offer of $1,000/month for the use of this site. The initial term requested is for five years with the ability to renew for four successive five-year terms. Approval of this lease agreement will generate $12,000 annually for the water fund and these monies will assist the County with future maintenance of sites such as this without the need for rate increases. Supervisor Church moved to approve the first reading and set the second May 8, 2001 265 reading for May 22, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS 1. Board of Zoning Appeals Supervisor McNamara requested the Clerk to contact Eldon Karr to determine if he wishes to serve another term. 2. Parks & Recreation Advisory Commission Supervisor Johnson nominated David Thompson to represent the Hollins Magisterial District for another three-year term which will expire June 30, 2004. Supervisor Minnix will contact Jack Griffith, representative for the Cave Spring Magisterial District, to determine if he wishes to serve another term. 3. Roanoke Valley-Alleghany Regional Commission Supervisor McNamara nominated Joseph Butch Church and Alfred Anderson, elected representatives, and Lee B. Eddy, citizen representative, to serve additional three-year terms which will expire June 30, 2004. IN RE: CONSENT AGENDA R-050801-5; R-050801-5.d May 8, 2001 266 Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 050801-5 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 May 8, 2001, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Confirmation of committee appointments to New Century Venture Center Board of Directors and Virginia’s First Regional Industrial Facility Authority. 2. Acceptance of donation of a 20' sanitary sewer easement from Beverly M. Hite and William L. Hite. 3. Appropriation of $2,804.25 Valley Beautiful grant funds for landscaping of the grounds at the Blue Ridge Parkway Visitor Center. 4. Approval of resolution revising the membership and increasing the number of members of the Court-Community Corrections Regional Community Criminal Justice Board. 5. Request from Schools for acceptance of $32,688 Universal Service Fund grants for technology equipment. 6. Reimbursement for overtime expenditures for Roanoke County Narcotics Officer serving on the Drug Enforcement Administration Task Force. May 8, 2001 267 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 Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 050801-5.d REVISING MEMBERSHIP CHANGES TO THE REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD FOR THE COURT COMMUNITY CORRECTIONS PROGRAM A RESOLUTION of the Board of Supervisors for the County of Roanoke, establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem, the membership of the Court- Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. WHEREAS, the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem have established and operate the Court-Community Corrections Program, a local pretrial services and community-based probation program established and operated pursuant to the provisions of Article 2 of Chapter 5 of Title 53.1and Article 1 of Title 19.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the Virginia Comprehensive Community-Corrections Act for Local-Responsible Offenders (Virginia Code § 53.1-180 .) and the et seq Virginia Pretrial Services Act (Virginia Code §19.2-152.2 .) require the et seq establishment and appointment of a Community Criminal Justice Board for the Court-Community Corrections Program; and WHEREAS, a Regional Community Criminal Justice Board for the Court-Community Corrections Program previously has been established in accordance with law, and this Board of Supervisors, in conjunction with the governing bodies of the other jurisdictions which participate in this multijurisdictional program, deems it appropriate to reconstitute the Regional Community Criminal Justice Board for the Court-Community Corrections Program, pursuant to the authority granted to local governing bodies under Virginia Code §15.2-1411 and in consideration of changes in the Code of Virginia May 8, 2001 268 and the fact that the Town of Clifton Forge, which had participated in this program, will revert to a town as of July 1, 1001. NOW, THEREFORE, pursuant to the authority granted to this Board of Supervisors by Virginia Code §§15.2-1411, 19.2-152.5, 53.1-183 and the Charter of this County, IT IS RESOLVED: 1. That a Regional Community Criminal Justice Board for the Court- Community Corrections Program is established. 2. The Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem are the jurisdictions which participate in the Court-Community Corrections Program. Each of these jurisdictions shall be represented on the Regional Community Criminal Justice Board. The Regional Community Criminal Justice Board shall consist of up to 25 persons, a number established by this resolution and by similar resolutions of the governing bodies of each of the other participating jurisdictions. The composition of the Regional Community Justice Board shall at all times comply with all applicable statutes and regulations. Each participating city or county shall have an equal number of appointments. 3. In conjunction with resolutions of appointment adopted or to be adopted by the governing bodies of all participating jurisdictions, this Board of Supervisors, jointly with the other participating jurisdictions, appoints the following persons to the Regional Criminal Justice Board for the terms of years set forth below. Each appointment shall be effective as of July 1, 2001. Because §53.1-183 provides that the Board’s membership shall include persons who hold certain positions, this resolution sets out, beside the name of each person hereby appointed, a descriptive title for that person’s position or occupation. Name and Title Term Mr. John Chambliss 3 Years Assistant County Administrator County of Roanoke Honorable Clifford R. Weckstein 2 Years Judge, Circuit Court Twenty-third Judicial Circuit Honorable Julian H. Raney, Jr. 1 Year Judge, General District Court Twenty-third Judicial District May 8, 2001 269 Honorable John B. Ferguson 1 Year Judge, Juvenile & Domestic Relations Court Twenty-third Judicial District James C. “Chris” Alderson, Esquire 2 Years Commonwealth Attorney Alleghany County/City of Covington Sheriff George McMillan 3 Years Roanoke City Sheriff’s Office Sheriff Gerald Holt 2 Years Roanoke County Sheriff’s Office Sheriff Ronnie Sprinkle 1 Year Botetourt County Sheriff’s Office Sheriff C. E. “Butch” Simpson 2 Years Alleghany County Sheriff’s Office Mr. John Higgins 3 Years Superintendent Rockbridge Regional Jail William H. Cleaveland, Esquire 3 Years Attorney-at-Law Roanoke, Virginia Chief Ray Lavinder 2 Years Roanoke County Police Department Mr. Ray Burton Fitzgerald 2 Years Chief Magistrate Twenty-fifth Judicial District Dr. David Smith 1 year Superintendent May 8, 2001 270 Bath County Public Schools Ms. Gail Burrus 2 years Director, Counseling Services Blue Ridge Behavioral Health Care Roanoke, Virginia 4. This Board of Supervisors, in conjunction with the governing bodies of the other jurisdictions which have established the Court-Community Corrections Program, hereby designates and appoints the City of Salem as the fiscal agent for the program. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Supervisor Minnix requested a brief work session with some Colonial Avenue residents on the Colonial Avenue corridor study following the work sessions that are already scheduled for this date. IN RE: PUBLIC HEARINGS 1. Public Hearing to receive written or oral comment concerning the proposed annual budget for fiscal year 2001-2002 and the FY2002-2006 Capital Improvement Program. (Brent Robertson, Budget Director) Aletha Bolden, Executive Director of the Harrison Museum of African American Culture requested $5,000 funding for the museum. May 8, 2001 271 IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Annie Krochalis expressed concern about the following: (1) several issues concerning the fee for service, including the amount of paperwork the volunteers will have to file under fee for service, assurance from the County that the additional staff will result in improvements in the rural areas, and the effect it will have on volunteer fund raising. (2) She reminded the Board that they still need improvements to the Bent Mountain Library. Supervisor McNamara asked Mr. Hodge to provide Ms. Krochalis with the report showing the plan for coverage with the additional fire and rescue staff. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Resolution from the Commonwealth of Virginia recognizing Dr. Betty McCrary for hosting the Social Services state May 8, 2001 272 conference. 6. Statement of the Treasurer’s Accountability per investment and portfolio policy as of April 30, 2001. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: He advised that there were officials from the federal, state and local level attending the recent Blue Ridge Parkway Visitors Center Grand Opening which is the only federally recognized facility not on federal property, and will help Explore Park to become a destination location. He advised that he told those in attendance why Supervisor Church was unable to attend. Supervisor Johnson: (1) He attended the event also and expressed agreement with Chairman Minnix’s comments about the lack of state funding. He commended the staff for their work on the event. (2) He expressed concern about the damage and work that was necessary to fix the Vinton fields after the Vinton Dogwood Festival. Parks, Recreation and Tourism Director Pete Haislip responded that they have been in contact with the people from the festival and they will be helping repair the damages. Supervisor McNamara: (1) He thanked Supervisor Nickens for all his contributions to the Visitors Center over the years. (2) He advised that he attended the Roanoke Valley-Alleghany Regional Commission and a comment was made that May 8, 2001 273 Roanoke County doesn’t have enough water to take care of our needs and help other jurisdictions. He asked for a report at the next meeting on: (a) how many million gallons a day we treat currently; (b) how many million gallons a day we can treat with upgrades to our treatment capacity; and (c) how many million gallons a day we pull out on average, how many million gallons a day we pull out on a peak and our projections on water usage assuming normal use of the water system. (3) He asked for a report on the tax structure on changes to the BPOL with deductions up to $100,000 across all service lines or broken down by service lines. (4) He asked for the report on the regional refuse collection study that was funded about a year ago. Supervisor Church: (1) He thanked Supervisor Nickens for explaining his absence at the Visitor Center event because he attended his son’s graduation. (2) He reported that he spoke at the Catawba Hospital volunteer and employee service recognition and thanked the Catawba staff for their outstanding service to the community. (3) He advised that his agency manager commended his service and work on the Board of Supervisors. Supervisor Minnix: He thanked everyone involved in the Visitor Center event; advised that Senator Warner and Secretary Norton were very gracious, but he felt that the TV coverage was disappointing. He emphasized that a debt of gratitude is owed to Supervisor Nickens for his vision of the future of Explore Park. The park has grown by leaps and bounds and he expressed appreciation to everyone who has been May 8, 2001 274 involved in the growth of Explore Park. IN RE: CLOSED MEETING At 5:30 p.m., Supervisor Minnix moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344 A (5) discussion concerning a prospective business or industry where no previous announcement has been made; 2.1-344A (7), consultation with legal counsel pertaining to specific legal matters, namely contract with Walmart; and contract with Cardinal Criminal Justice Academy; 2.1-344A (7) consultation with legal counsel concerning litigation, Bova v. Cox Communications. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: WORK SESSIONS 1. Work session on commercial and private stables. (Dana Lazzuri, County Intern) The work session was held from 5:35 p.m. until 6:00 p.m., and was presented by Terry Harrington. Mr. Harrington summarized the zoning standards for commercial stables in the County explaining that private stables are allowed in AG-3, AG-1 AR, and AV by right and R-1 by Special Use Permit as long as they comply with May 8, 2001 275 specific requirements. Commercial stables are allowed in AG-3, AG-1, and AR by right and AV by Special Use Permit as long as they comply with general standards and prepare and follow a management plan for all animal wastes. Supervisor Church emphasized that he was not advocating wholesale changes to the zoning ordinance. His primary concern was the manure disposal and the number of horses. Mr. Harrington responded that the Department of Environmental Quality only investigates those areas with more than 150 horses. Supervisor Church suggested getting some assistance from the Virginia Tech Extension Office. He suggested that a stipulation could be added to the zoning ordinance concerning manure disposal. Mr. Mahoney reported that the County has entered into a Consent Decree with the Dantzlers to reduce the number of animals on their property and remove the manure. If they do not comply with the Consent Decree after one year, the court can close their operation. Supervisor Church requested that staff look at ways to strengthen some of the language in the zoning ordinance. 2. Work session and presentation on recruiting and retaining young professionals in the Roanoke Valley. (Dana Lazzuri, County Intern) May 8, 2001 276 The work session was held from 6:00 p.m. until 6:15 p.m., and was presented by Dana Lazzuri. Ms. Lazzuri advised that one of the economic development issues that has been discussed during the past several years has been retaining and recruiting young professionals to the Roanoke Valley. During a discussion with department directors, the question, “what can I do?” was asked of each director. The directors offered the following suggestions: (1) Change Mind Set; (2) Change Demographics; (3) Workforce Development; (4) Grow our own/tell our story; (5) Develop Strategic Partnerships Ms. Lazzuri explained that she was asked to chair a subcommittee to look at ways to market the Roanoke Valley to recent college graduates and to encourage those living in the Valley to remain here. A subcommittee was formed to gain more knowledge and determine what is necessary in order to successfully meet the 2001- 2002 goals. After several meetings the subcommittee developed several actions to meet the goals/suggestions from the department directors. Supervisor Nickens asked Mr. Hodge what Portland was doing to recruit and keep their young adults. Mr. Hodge advised that alumni groups in the Portland area e-mailed those who had left the community encouraging them to return. Supervisor McNamara suggested working with Tanglewood Mall to sponsor events in spaces that were not rented similar to First Fridays in downtown Roanoke. May 8, 2001 277 3. Discussion on Colonial Avenue Corridor Study The work session was held from 6:15 p.m. until 6:30 p.m. The Board discussed with two area residents their concerns about a commercial rezoning request in the area which is currently zoned residential but was recommended to remain residential in the Colonial Avenue corridor study. They encouraged the Board not to make changes to the corridor study. Supervisor Nickens pointed out that it was not appropriate to discuss a specific rezoning request unless both sides were present to discuss the issues. IN RE: CLOSED MEETING The closed meeting was held from 6:36 p.m. until 7:05 p.m. IN RE: CERTIFICATION RESOLUTION R-050801-6 At 7:06 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 Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 050801-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA May 8, 2001 278 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 2.1-344.1 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 McNamara to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: ADJOURNMENT At 7:06 p.m., Chairman Minnix adjourned the meeting May 10, 2001, at 12 noon at the Boxtree Lodge for the second regional leadership summit. Submitted by, Approved by, __________________ _____________ Mary H. Allen, CMC H. Odell Minnix Clerk to the Board Chairman May 8, 2001 279 This page left intentionally blank