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HomeMy WebLinkAbout5/11/2010 - RegularMay 11, 2010 151 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 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 2010. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: CALL TO ORDER Chairman Church called the meeting to order at 3:00 p.m. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice-Chairman Eddie "Ed" Elswick, Supervisors Michael W. Altizer, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Diane D. Hyatt, Assistant County Administrator; Paul M. Mahoney, County Attorney; Becky R. Meador, Clerk to the Board; Teresa Hamilton Hall, Director of Public Information IN RE: OPENING CEREMONIES The invocation was given by Pastor Russell Cheatham of Huntington Court United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the week of May 16 through 22, 2010, as Business Appreciation Week in the County of Roanoke Doug Chittum, Director of Economic Development, introduced Dr. Victor lannello, Founder, President and CEO of Synchrony, Inc., who accepted the resolution on behalf of all Roanoke County businesses. Dr. lannello thanked the Board of Supervisors for their support and advised it was an honor to accept on behalf of all Roanoke County businesses. 152 May 11, 2010 Additionally, Mr. Chittum introduced the entire staff of the Economic Development Department. 2. Proclamation declaring the week of May 16 through 22, 2010, as Emergency Medical Services Week in the County of Roanoke Accepting the proclamation were Richard E. Burch, Jr., Chief of Fire and Rescue; Battalion Chief Bill Duff and Captain David Jones. Also in attendance were Lieutenant Don Altice, Medic/Firefighter Zach Graybill, Firefighter/EMT Tim Craighead and Firefighter/EMT Rachel Meagher. IN RE: NEW BUSINESS 1. Resolution dissolving the Clearbrook First Aid and Rescue Squad, Inc. and request to accept and appropriate funds in the amount of $69,932.05 for the purchase of equipment (Paul M. Mahoney, County Attorney) Supervisor Moore thanked Mr. Mahoney and Chief Burch for allowing the citizens to be part of this process and the Clearbrook volunteers for their services over the years. RESOLUTION 051110-1 DISSOLVING THE CLEARBROOK FIRST AID AND RESCUE SQUAD, INC. AND REQUEST TO ACCEPT AND APPROPRIATE FUNDS IN THE AMOUNT OF $69,932.05 FOR THE PURCHASE OF EQUIPMENT WHEREAS, Section 27-10 of the Code of Virginia authorizes that the governing body of any county, city or town for any reason it deems advisable may dissolve a fire/emergency medical services (EMS) company; and WHEREAS, by Resolution 052896-13.e the Board of Supervisors recognized the existence of the Clearbrook First Aid and Rescue Squad, Inc.; and WHEREAS, the Clearbrook First Aid and Rescue Squad, Inc. has failed for more than six years successively to consist of twenty effective members and that it has failed to respond to medical emergencies and calls for service; and WHEREAS, the Board of Supervisors petitioned the Roanoke County Circuit Court for a Writ of Quo Warranto to be awarded against Clearbrook First Aid and Rescue Squad, Inc. to revoke its corporate charter, to enter a decree for dissolution, to appoint a receiver and to distribute its funds in accordance with its charter and the laws of the Commonwealth of Virginia, said Writ being issued October 7, 2009; and WHEREAS, the Court having entered a decree accomplishing these purposes; and May 11, 2010 153 WHEREAS, the Board of Supervisors finds that it is advisable to dissolve the Clearbrook First Aid and Rescue Squad, Inc. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority found in Section 27-10 of the Code of Virginia, 1950, as amended, the Clearbrook First Aid and Rescue Squad, Inc. is hereby dissolved. 2. That the provisions of Resolution 052896-13.e are hereby repealed as they apply to the recognition of the existence of the Clearbrook First Aid and Rescue Squad, Inc. 3. That the sum of $69,932.05 is hereby accepted and appropriated to the Fire and Rescue Department for the purchase of first aid and life saving equipment to benefit the Clearbrook community. 4. That this resolution of dissolution is effective immediately upon adoption. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance to appropriate funds for the fiscal year 2010-2011 budget and approval of the Classification Plan for fiscal year 2010-2011 (Brent Robertson, Director of Management and Budget) Supervisor Flora moved to approve the first reading and schedule the second reading for May 25, 2010. There was no discussion. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 2. First reading of an ordinance amending Section 2-5. Library Fines and Fees of Chapter 2. Administration of the Roanoke County Code (Diana Rosapepe, Director of Library Services; Paul M. Mahoney, County Attorney) Supervisor Elswick commented that he is of the opinion that it is not fair for people to hang onto library books and wished the fine could be even higher. Chairman Church moved to approve the first reading and schedule the 154 May 11, 2010 second reading for May 25, 2010. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: APPOINTMENTS 1. Board of Zoning Appeals (appointed by District) Supervisor Altizer reappointed W. Eric Thomas to an additional five-year term to represent the Vinton Magisterial District on the Board of Zoning Appeals. Chairman Church asked that confirmation of the appointment be placed on the Consent Agenda. 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) Supervisor Moore reappointed Fred W. Corbett to an additional three-year term to represent the Cave Spring Magisterial District on the Parks, Recreation and Tourism Advisory Commission. Chairman Church asked that confirmation of the appointment be placed on the Consent Agenda. Supervisor Flora reappointed Troy Kincer to an additional three-year term to represent the Hollins Magisterial District on the Parks, Recreation and Tourism Advisory Commission. Chairman Church asked that confirmation of the appointment be placed on the Consent Agenda. 3. Roanoke Valley Convention and Visitors Bureau Board of Directors County Administrator B. Clayton Goodman III reappointed Thomas A. "Pete" Haislip to an additional two-year term on the Roanoke Valley Convention and Visitors Bureau Board of Directors. Ratification of the appointment was placed on the Consent Agenda. IN RE: CONSENT AGENDA RESOLUTION 051110-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: May 11, 2010 155 That the certain section of the agenda of the Board of Supervisors for May 11, 2010, designated as Item G -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes -December 15, 2009 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Sandra W. Thrasher, Victim/Witness Coordinator, upon her retirement after more than twenty-two years of service 3. Confirmation of committee appointments to the Board of Zoning Appeals; Parks, Recreation and Tourism Advisory Commission; and Roanoke Valley Convention and Visitors Bureau Board of Directors 4. Request to accept and appropriate funds in the amount of $62,703.60 for dual enrollment programs to the Roanoke County Schools 5. Resolution expressing the support of the Board of Supervisors of Roanoke County to the Virginia Sesquicentennial of the American Civil War Commission 6. Donation of a three hundred twenty (320) square foot variable width public drainage easement on the property of Third Capital, Inc. (Tax Map Nos. 027.10-10-04.00 and 027.10-10-05.00) Instrument No. 201001547, Hollins Magisterial District 7. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $5,500 from the Virginia Department of Health Grant WV-C02/12-09 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None RESOLUTION 051110-2.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SANDRA W. THRASHER, VICTIM/WITNESS COORDINATOR UPON HER RETIREMENT AFTER MORE THAN TWENTY-TWO YEARS OF SERVICE WHEREAS, Sandra W. Thrasher was hired on February 1, 1988, as a Victim/ Witness Coordinator as well as Administrative Assistant to the Commonwealth's Attorney; and WHEREAS, Ms. Thrasher retired on April 30, 2010, from that position after twenty-two years and three months of devoted and accomplished service to Roanoke County; and 156 May 11, 2010 WHEREAS, Ms. Thrasher worked tirelessly as an advocate for victims of crimes and witnesses to crime, always striving to assist those in need through the maze of the criminal justice system; and WHEREAS, Ms. Thrasher balanced those victim/witness responsibilities with the duties of administrative assistant to the Commonwealth's Attorney, a demanding task requiring the preparation of budgets and grants, monitoring payroll as well as payments to vendors; and WHEREAS, Ms. Thrasher fulfilled these duties with a compassion for victims and witnesses, as well as loyalty and respect for the Commonwealth's Attorneys she served; and WHEREAS, Ms. Thrasher never wavered in her desire to help the citizens of Roanoke County and others who had the misfortune of being victimized by crime. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to SANDRA W. THRASHER for more than twenty-two years of dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None RESOLUTION 051110-2.d EXPRESSING THE SUPPORT OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THE VIRGINIA SESQUICENTENNIAL OF THE AMERICAN CIVIL WAR COMMISSION WHEREAS, The Board of Supervisors of the County of Roanoke (the County) is dedicated to the furtherance of economic development and tourism in Roanoke County; and WHEREAS, The Virginia Sesquicentennial of the American Civil War Commission (the Commission) was created in 2006 by the General Assembly for the purpose of preparing for and commemorating the 150t" anniversary of Virginia's participation in the American Civil War; and WHEREAS, The Commission has requested that each locality form a sesquicentennial committee to aid in planning for the commemoration period; and WHEREAS, Roanoke County is involved in the regional sesquicentennial committee; and WHEREAS, the sesquicentennial committee will plan and coordinate programs occurring within the locality and communicate regularly with the State Commission; and May 11, 2010 157 WHEREAS, the Board of Supervisors wishes to undertake this endeavor with the Commission to promote and commemorate this important historic milestone. NOW, THEREFORE, BE IT RESOLVED, The Board of Supervisors hereby desires to support the Virginia Sesquicentennial of the American Civil War Commission and their efforts to commemorate the 150t" anniversary of Virginia's participation in the American Civil War; and FURTHER, Roanoke County's Tourism and Event Coordinator, Wendi Schultz will serve on the regional sesquicentennial committee to aid in the planning for the commemoration period. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of April 30, 2010 5. Proclamations signed by the Chairman IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore made note of two proms in the area, Cave Spring High School and William Byrd High School. She requested on behalf of the South County Prevention Council that all adults and parents advise their children and students to make good choices, as we want them to come home safely. Additionally, Supervisor Moore commented on the wonderful expansion of the St. Francis service dogs building and the ribbon cutting ceremony on May 7, 2010. She felt it was one of the most 158 May 11, 2010 heartfelt, emotional ceremonies she has attended. The dogs do a remarkable job for their families. She congratulated them on the expansion. Supervisor Church echoed Ms. Moore's sentiments on St. Francis' ceremony. He noted it is the fiftieth like organization in the entire world. The new facility will be able to facilitate and quicken the placement of these service animals to the adults and children who desperately need them. They have a great group of volunteers and their Board of Directors does a fantastic job. IN RE: CLOSED MEETING At 3:43 p.m., Supervisor Church moved to go into closed meeting following the work sessions pursuant to the Code of Virginia as follows: 1) Section 2.2- 3711(A)(1): Personnel, namely discussion concerning appointment to the Community Policy and Management Team (CPMT); Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board; Court Community Corrections Program Regional Community Criminal Justice Board; Roanoke Valley Detention Commission; Roanoke Valley-Alleghany Regional Commission; Roanoke Valley Regional Cable Television Committee; Virginia Western Community College Advisory Board; Virginia's First Regional Industrial Facility Authority and Western Virginia Water Authority; Total Action Against Poverty (TAP) Board of Directors; 2) Section 2.2-3711(A)(3): To discuss or consider the disposition of real property for public purposes, namely conveyance of an easement to AEP for the southwest County transmission line; and 3) Section 2.2- 3711(A)(7): Consultation with legal counsel and briefings by staff regarding specific legal matters, namely consideration of the Jack Smith Industrial Park and Blue Ridge Library agreements, requiring the provision of legal advice by such counsel. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None At 3:45 p.m., Chairman Church adjourned to the 4t" Floor for work sessions and closed meeting. The closed meeting was held from 5:40 p.m. until 6:12 p.m. IN RE: WORK SESSIONS (Training Room - 4t" Floor) 1. Work session to review health insurance reserves and draft policy (Rebecca Owens, Director of Finance) The work session was held from 3:59 p.m. until 4:44 p.m. May 11, 2010 159 Supervisor Altizer inquired how many times Roanoke County has reached stop loss. Ms. Owens responded that stop loss is reached each year, some years with only two claims. These claims are covered by reinsurance. Supervisor Altizer indicated that this work session was at his request, because in seven years this account has increased 1,052 percent. He stated it was his opinion that there is too much money in this account. Additionally, this account has been used in the past to loan money to departments for garbage or fire trucks. He commented that the purpose of the health insurance reserves account is not to balance the budget. In the fiscal year 2010-2011 budget, health claims are projected as flat. It was Supervisor Altizer's suggestion that this account be capped and the additional funds placed into another fund each year. He stated that the most prudent and transparent action is to cap at $6 million and move the remaining funds to minor capital. Supervisor Church indicated that it was his opinion that the current policy is adequate and is not sure there is anything wrong with it. He asked if there was anyone who could guarantee that the County would not have catastrophic claims or what the federal government would do in the future. He further commented that health and life insurance is a law of large numbers and would not like for the County to be caught in a hole they could not get out of. Ms. Owens indicated that her research projected a 28 to 29 percent increase for the coming year. She is comfortable leaving $4 to $5 million in this account. Supervisor Altizer felt that if the County does have catastrophic claims, $700,000 would not have an impact. Supervisor Elswick stated there are ways in which to calculate what should be in a reserve account. He questioned why the County has $6 million in an account that only needs $1.6 million. He also commented that health insurance premiums should be comparable to the industry standard. Supervisor Flora inquired if the County has an advisor on insurance rates, etc. He noted that Administration is very good at running local government, but the County is not an insurance company and should lean very heavily on the opinion of the advisor, even if the cost is higher. Additionally, Supervisor Flora indicated that he would be comfortable with obtaining a second professional opinion. He was in agreement that the fund balance is too large and would feel much more comfortable obtaining an expert opinion. Ms. Owens was is in agreement with Supervisor Flora and advised that the County's advisor at Wells Fargo recommends how we set our rates. It was the consensus of the Board for staff to obtain the necessary information from the County's current advisor at Wells Fargo and an additional professional opinion. Ms. Owens will provide this information at a work session to be held at a later date. 2. Work session on Roanoke County's Stormwater Management Program and a review of the new drainage projects list for fiscal 160 May 11, 2010 year 2010-2011 (Tarek Moneir, Deputy Director of Development Services) The work session was held from 4:47 p.m. to 5:24 p.m. Attending the meeting along with Mr. Moneir were Arnold Covey, Director of Community Development; George Simpson, County Engineer; Butch Workman, Storm Water Operations Manager; Jeff Altice, Storm Water Operations Supervisor; Kafi Nophlin, Civil Engineer and Megan Daily, Civil Engineer. Supervisor Elswick inquired if the County is obligated to take care of houses that are built along a creek. Mr. Workman responded that if the homes were built prior to the current regulations and there are easements, the County may be responsible. Supervisor Altizer asked who is responsible for taking care of Best Management Practices in retention ponds. Mr. Simpson replied that these are the responsibility of the homeowners associations who own them. Additionally, Mr. Simpson indicated that additional education must be done. Supervisor Elswick inquired if the homeowners associations have legally binding documents. Mr. Simpson replied that the developers have to convey the binding agreement when selling the lots, but normally do not adequately convey them. Supervisor Elswick inquired if the conveyance could be put into the deed. Mr. Mahoney, County Attorney, indicated that in most situations this is a part of the real estate transaction; however, in the real estate closing, this is not emphasized and the homeowners do not pay attention to the homeowners' association document. A legal disclosure has occurred, but the homeowners do not pay attention to this disclosure. Supervisor Elswick indicated that Roanoke County as a government cannot always take responsibility for what should be the responsibility of the home buyer. Supervisor Altizer inquired if the County has regulations in place before the developer turns the pond over to the homeowners association. Mr. Simpson responded that staff is currently reviewing a document that the developer and Roanoke County would have to sign off on before the facility can be transferred to the homeowners association. Supervisor Moore indicated there are many variables in this process and inquired if this would be a potential Community Development Authority (CDA) item. Mr. Goodman responded negatively as stormwater management is Countywide and would require the approval of all property owners. Mr. Moneir commented that Roanoke County is rated much better with Federal Emergency Management Association (FEMA) insurance because of its stormwater management program. Supervisor Altizer indicated that in looking to the future with new developments of any type, a percentage of revenue should be dedicated to stormwater May 11, 2010 161 management. He felt that with area localities talking about new fees, maybe new revenue could be dedicated for this purpose. At 5:24 p.m., Chairman Church called a break from work sessions for closed meeting and dinner. 3. Work session to discuss possible changes to the process and content of the Board of Supervisors' minutes (Becky R. Meador, Clerk to the Board of Supervisors) The work session was held from 6:18 p.m. until 6:44 p.m. Ms. Meador distributed near action minutes from the April 27, 2010, Board of Supervisors meeting, which were agreeable with one exception. Supervisor Elswick would like more detail on the citizens' comments. The Clerk will work with him to come to a satisfactory conclusion. It was the consensus of the Board to change the minutes to anear-action form beginning with the minutes of January 12, 2010. Ms. Meador agreed to have the minutes up to date within 45 days. It was also the consensus of the Board to discontinue distribution of an Action Agenda, as this is a duplication of the Board Meeting Summary published by the Public Information Office. Web streaming and issues with RevNet were discussed. Staff will research alternatives. After discussion about more efficient ways to distribute the agenda, Supervisors Altizer and Church requested flash drives and Supervisors Elswick, Flora and Moore will download the agenda from the Internet. For security purposes, the Supervisors were asked to use the flash drives for the agenda only and only on the County computers. 4. Work session to discuss proposed fiscal year 2010-2011 budget and agency funding proposed contributions (B. Clayton Goodman III, County Administrator) The work session was held from 6:44 p.m. until 6:58 p.m. Brent Robertson, Director of Management and Budget, reported that the Greenways Commission's funding was cut by 12 percent and that the County has a contract with this agency on a per capita basis. The Commission informed Mr. Robertson that if their other funding localities follow suit, they will not be able to cover their salaries. In the Commission's original request, they asked for full funding, which was an increase from last year. The funding request was for operating costs and not for 162 May 11, 2010 any actual construction. There is an agreement with this agency; however, historically when their funding has been cut, they have been able to absorb the deficit. It was the consensus of the Board to change their funding to reflect a 10 percent decrease only. Another agency's funding in question was Center in the Square. Their reduction was approximately 34 percent. Supervisor Church felt this sent the wrong message unless there was some type of problem with a particular agency. It was the consensus of the Board to change their funding to reflect only a 10 percent decrease also. The Convention and Visitors Bureau was discussed. The Executive Director contacted Mr. Goodman. All of the other local governments provided them with level funding from the previous year except Roanoke County. Mr. Goodman stated that last year Roanoke County level funded this agency while another locality cut their funding. The Executive Director asked if the Board would consider level funding as their agency helps attract business into the County. It was the consensus of the Board to retain the 10 percent decrease in funding that all agencies received. It was noted that Virginia Amateur Sports and the Roanoke Regional Partnership's funding cuts were also outside of the norm. It was the consensus of the Board to be consistent and change these to the 10 percent decrease. Supervisor Altizer commented he was still opposed to the $5,000 contribution for the Virginia Institute of Government Membership; however, it was the consensus to include this funding in the budget. Supervisor Elswick stated it was his opinion that staff should take a very close look at these funding requests during the year. 5. Work session to discuss use policy for Board of Supervisors (BoS) Meeting Room (B. Clayton Goodman III, County Administrator) The work session was held from 6:58 p.m. until 7:12 p.m. Chairman Church distributed for review the current policy, Option 1 and Option 2, which were two possible alternatives. Option 1 was primarily the current policy with the inclusion of a security deposit, a fee for an off-duty police officer and a policy for the use of the training and conference rooms on the 4t" floor of the Administration Center. Option 2 prohibited the use of the Board Meeting Room by any non-governmental agency. There was discussion of security for the meeting attendees, security for the remainder of the building and equipment and safeguarding the sizable investment made in the renovation of the Board Meeting Room. After discussion of all possible options, it was the consensus of the Board to bring Option 2 for a vote at the next Board meeting. IN RE: CERTIFICATION RESOLUTION May 11, 2010 163 At 7:12 p.m., Supervisor Church moved to return to open session and adopt the certification resolution. RESOLUTION 051110-3 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 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 member's 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 7:13 p.m. Submitted by: Approved by: Becky R. ador Joseph B. "Butch" Church Clerk to the Board Chairman +... 164 May 11, 2010 PAGE LEFT BLANK INTENTIONALLY