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10/25/2011 - RegularOctober 25, 2011 653 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 fourth Tuesday and the second regularly scheduled meeting of the month of October 2011. 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. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church; Supervisors Michael W. Altizer, Eddie "Ed" Elswick, Charlotte A. Moore and Richard C. Flora MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Diane D. Hyatt, Assistant County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Paul M. Mahoney, County Attorney; Teresa H. Hall, Director of Public Information and Deborah C. Jacks, Clerk to the Board IN RE: OPENING CEREMONIES The invocation was given by Pastor Sam Belisle of the Celebration Church of God. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation commemorating the 90th Anniversary of AmRhein's and proclaiming November 5, 2011, as AmRhein's Day in Roanoke County (Jill Loope, Acting Director of Economic Development) In attendance for this recognition were Russell Amrhein, grandson of Fred C. Amrhein and President of AmRhein's and Winery Viticulturist; Paula Amrhein, Vice President of AmRhein's and Fine Jewelry Consultant; Chad Amrhein, great- 654 October 25, 2011 grandson of Fred C. Amrhein and General Manager of AmRhein's Fine Jewelry; Beckie Spaid, married to Chad and AmRhein's Director of Marketing; Jill Loope, Acting Director of Economic Development and Melinda Cox, Economic Development Specialist. All Supervisors offered their congratulations and a wall hanging was presented. IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of Peter Lundy to obtain a Special Use Permit in a C- 2, General Commercial, District for the operation of a used automobile dealership on 0.665 acre, located at 3119 Brambleton Avenue, Windsor Hills Magisterial District There was no discussion. Supervisor Elswick moved to approve the first reading and schedule the second reading and public hearing for November 15, 2011. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance to exempt 0.23 acre of property owned by the Advancement Foundation (Tax Map No. 60.15- 07 -40) from real property tax, said real property, assessed at $226,000.00, is located in the Vinton Magisterial District (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the ordinance. Supervisor Altizer inquired if the eight components listed in the ordinance have been verified with Mr. Mahoney responding in the affirmative. Chairman Church asked what the twenty percent (20 %) would equate to with Mr. Mahoney responding $400. Supervisor Altizer commented as in the past, the County will take a hit on revenue, but what is given back is just as important. There was no further discussion. Supervisor Altizer moved to approve the first reading and scheduled the second reading and public hearing for November 15, 2011. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None October 25, 2011 655 2. Ordinance repealing and readopting Section 30 -87 -7 (b) 5 of the Roanoke County Zoning Ordinance, which established general standards for noise for large and utility wind energy systems (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the ordinance explaining this was brought before the Board at the request of Supervisor Elswick. Supervisor Elswick stated at the meeting where the ordinance was discussed there were a lot of aspects of the ordinance that had to be evaluated and voted on. This was one; the decibel level that would be permitted by the utility and industrial type large windmills and he thought to single out specifically as one that the Board could spend a little more time on, think about and get additional input on would be beneficial. He advised there are a lot of citizens that could potentially be living near large wind turbines in our rural areas and their concerns and the expert advice of people who study these things ought to be taken further into consideration and with the potential to revise the allowable decibel limit. Supervisor Flora stated this ordinance is the subject of current litigation. Is it appropriate to change it and suggested leaving it as is until the lawsuit runs its course and at the resolution if we need to readdress something, do it at that time. He advised if the Board repeals it, the lawsuit will end, however, it will not resolve the major issue. Chairman Church asked Mr. Mahoney to comment on Mr. Flora's statement about the pending lawsuit. Mr. Mahoney explained several weeks ago a complaint was filed by a group of citizens on Bent Mountain challenging the Board's adoption of the large and utility wind energy system ordinance. To date, he has not yet been served with a copy of the complaint, although staff has secured from the Clerk's office a copy of the complaint. What the complaint does is challenge the entire ordinance, not just the noise provisions. A response is due within twenty -one days of receipt. Mr. Mahoney advised he will defend the adoption of the ordinance on behalf of the County upon receipt. Chairman Church asked Mr. Mahoney as legal counsel if the Board were to approve this reading, would it have any effect on the pending lawsuit. Mr. Mahoney advised he did not think so in the sense that the ordinance as adopted by the Board in September would still remain in effect. If the Board wanted to go forward with this amendment and adopt the ordinance at first reading and then refer it back to the Planning Commission as indicated, the Planning Commission would have ninety (90) days to report back to the Board and then the Board would consider it again having another round of notices and public hearings, which could well stretch out until sometime in the spring of 2012. The arguments with respect to the pending lawsuit would also be heard in March or April of 2012, so they will run parallel. Supervisor Elswick stated obviously there are some people in one of our rural areas that are very concerned about elements of the ordinance and if the Board 656 October 25, 2011 discusses further and went through the process of sending it back to the Planning Commission and made revisions to the ordinance that satisfied the residents of the area who initiated the lawsuit, it could very well mean the Board can save the taxpayers a lot of money, if in fact residents were satisfied and dropped the lawsuit. There are a number of things to consider as the Board decides whether or not to do this. Supervisor Altizer stated in part of your notes, Mr. Mahoney it said if the draft ordinance deletes the sixty (60) decibels standard in the adopted ordinance and if the Board deletes this standard then it could replace it with a higher or lower standard or in the alternative it could delete the noise standard in its entirety so that the Board could establish a noise standard in any special use permit based upon any future application. In any special use permit, whether the noise level is zero (0) or sixty (60), it can be changed during the special use permit based on the application. Mr. Mahoney stated it is his understanding and it was the staff recommendation to the Board that the Board would look at any application and make a determination based upon the unique circumstances of that application's location, its proximity to other neighboring properties and then based upon that the Board would make a determination. Supervisor Altizer inquired in simple terms, no matter what is in the ordinance it is always subject to change up or down during a specific special use permit application. Mr. Mahoney responded in the affirmative. Chairman Church then asked Mr. Mahoney should a petitioner come forward and possibly satisfy everything, can the Board still change, approve or deny that application. Mr. Mahoney responded in the affirmative. Chairman Church then reiterated there is nothing in the ordinance providing a stamp of approval to any pending or potential application with Mr. Mahoney responding in the affirmative. Chairman Church advised on September 13 he remembered commenting that he was looking for a possible thirty -five (35) decibels. He has not made a decision. Obviously, he does not think any Board member has up or down on any potential or possible applicable because the Board will deal with that when it comes. He stated he was under the impression and the feeling with the numerous people that came before the Board, acoustical people, and engineers and there were many, many people that stated when standing directly below at the base of the blades that could not hear a sound. He added that in the research that he has done that is the least opportune place to ever stand, directly below the blades. According to "so- called" experts in the field you are going to hear the sound as it goes out through potential trees and obstructions, etc. He stated with respect to Mr. Elswick, he has not seen any inclination to change the ordinance; he is firmly of the belief that the Board will have to look at any potential or possible application, if brought before the Board and weight it on its owns merits as to site location, etc. Supervisor Elswick stated the thing about the sixty (60) decibels is it is the noise level more common around Route 419 traffic and in industrial areas. People who live in rural areas are accustomed to extreme quiet conditions, which is why they live there. He stated if the Board leaves the sixty (60) decibel allowable limit in the October 25, 2011 657 ordinance he believes that it signals to anybody that is interested in Roanoke County whether a developer, tourists or people that want to move here, the Board will take the County's beautiful rural areas and convert them into industrial areas with industrial -type noise. There was no further discussion. Supervisor Elswick moved to approve the first reading. The motion was denied by the following recorded vote and comments as indicated: AYES: Supervisor Elswick NAYS: Supervisors Moore, Altizer, Flora, Church Supervisor Moore commented she agreed with other Board members. She thinks that Roanoke County staff, the Planning Commission and the Board of Supervisors have worked over two years on an ordinance that was adopted that she feels was a fair ordinance and takes into consideration if someone in a more urban area wants to put one windmill or wind turbine up, that ordinance allows them to do so. Supervisor Altizer commented with all due respect to the gentleman from Windsor Hills, on the comment that the ordinance sends a message that the Board does not care about noise, or the quietness, he totally disagrees. He reiterated again this is an ordinance that sets a base and a foundation from which to work; to say these are the conditions that minimally or maximally should be in the special use permit. He added his no vote is that nothing changes, the Board could change the wind ordinance to zero (0) decibels or the Board could have put seventy -five (75) decibels, but it all does not matter because it is an ordinance. When a petition comes, the approval or denial will be done on its merits as to where it is located, etc. He stated he knows many citizens from Bent Mountain know a lot about where the potential site is going to go or where it is not going to go, he does not and does not think any Board member here knows; that is why you have a special use permit process and a hearing when you have a specific site. He added to send back to Planning Commission again accomplishes nothing because even if something different came out of the Commission, their recommendation, higher or lower, the fact still remains that when a petition does come it is based on that petition on where it is, where it is located, where the houses are and sixty (60) decibels may or may not be the right number depending on where the petition comes from. He stated that is why he cannot support sending it back to the Planning Commission. Supervisor Flora commented he is voting no, not because he supports windmills anywhere. This vote has no support for windmills; windmills have a place because they are a way to produce energy. Further, that place might be on Bent Mountain is merely up for question, but it does set at least a minimum standard and he concurs with Supervisor Altizer, it is a guideline, it is not an ordinance that dictates how anything is going to end up. If the people of Bent Mountain have assumed because of the approval of this ordinance automatically approved windmills for Bent Mountain they have made a horribly bad assumption. 658 October 25, 2011 Supervisor Elswick commented he agreed with what the other members have said and he thinks though the Board can show citizens that the Board wants to get as much information as it can and thoroughly discuss something that could have a tremendous impact on a rural area. Additionally, he added if the ordinance is irrelevant and a special use permit will really be what the Board decides what it is going do; therefore, instead of putting sixty (60) decibels in the ordinance why not put zero (0). 3. Ordinance amending Article III. "Real Estate Taxes" of Chapter 21. "Taxation of the Roanoke County Code by the adoption of a new Section 21 -42. entitled "Establishing deadlines for filing applications to the Board of Equalization for relief" (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the ordinance explaining Roanoke County has never had a deadline and the changes are a result of amendment adopted by the General Assembly. Mr. Mahoney further noted the deadlines will be printed on the notice of assessments. There was no discussion. Chairman Church moved to approve the first reading and scheduled the second reading and public hearing for November 15, 2011. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: APPOINTMENTS 1. Blue Ridge Behavioral Healthcare Board of Directors The three -year term of Larry Cadd will expire on December 31, 2011. Tim Steller, Executive Director of Blue Ridge Behavioral Healthcare has requested the Roanoke County Board of Supervisors ratify the reappointment of Mr. Cadd for his second term, which will expire on December 31, 2014. Confirmation has been added to the Consent Agenda. 2. Economic Development Authority Supervisor Flora has reappointed Gregory Apostolou to represent the Hollins Magisterial District for an additional four -year term. His new term will expire on September 26, 2015. Confirmation has been added to the Consent Agenda. Chairman Church has appointed Kirtesh Patel to represent the Catawba Magisterial District for an additional four -year term which will expire on September 26, 2015. Confirmation has been added to the Consent Agenda. October 25, 2011 659 IN RE: CONSENT AGENDA Supervisor Flora requested that the request to approve the donation of a Fire and Rescue ambulance to the County of Craig be pulled from the consent agenda for separate vote. RESOLUTION 102511 -1 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: That the certain section of the agenda of the Board of Supervisors for October 25, 2011, 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 7 inclusive, as follows: 1. Approval of minutes — September 27, 2011 2. Request to accept and appropriate a Walmart donation in the amount of $1,000 3. Request to accept and appropriate funds in the amount of $8,986.50 to the Sheriff's Office from the Bullet Proof Vest Partnership, approved under United States Department of Justice 4. Resolution approving the Catawba Sustainability Center and Catawba Greenway Memorandum of Understanding 5. Re quest to approve donation of Ciro and ReSG i� a m bu l a n TGe to the Count of f` 6. Request acceptance of a grant administered by the U. S. Department of Justice's Bulletproof Vest Partnership in the amount of $19,488 7. Confirmation of appointment to Blue Ridge Behavioral Healthcare Board of Directors; Economic Development Authority 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 A- 102511 -1.a A- 102511 -1.b 660 October 25, 2011 RESOLUTION 102511 -1.c APPROVING CATAWBA SUSTAINABILITY CENTER AND CATAWBA GREENWAY MEMORANDUM OF AGREEMENT WITH VIRGINIA TECH WHEREAS, the essential pastoral nature of the Catawba community of Roanoke County is anchored by a 377 acre farm now owned by the Commonwealth of Virginia and formerly an important component of the Catawba Hospital (formerly Catawba Sanitarium). This farm is now managed by the Office of Outreach and International Affairs at Virginia Tech under the title of the Catawba Sustainability Center (CSC); and, WHEREAS, the CSC is envisioned as a working farm producing an income stream, services, training and special events in a community setting which will serve as a model for productive, sustainable and self- supporting farm enterprises throughout Virginia and the surrounding region; and WHEREAS, the CSC has introduced several successful cooperative programs in the Catawba community including the Farmers Market, the annual Celebrate Catawba event and several gardening /farmers workshops with the participation and support of Catawba community residents; and WHEREAS, the Roanoke County Administrator and its Departments of Economic Development, Community Development and Parks, Recreation and Tourism have been in negotiations with Virginia Tech officials to develop a partnership to support the ongoing programs and growth of the CSC through County funding for its operational support as well as with in -kind services; and WHEREAS, Virginia Tech has agreed to grant Roanoke County a twenty -five (25) year lease crossing a portion of the CSC in order to construct, maintain and manage a trail connection between the Appalachian Trail (AT), the CSC and the Catawba Community; this trail to be known as the "Blue Blaze Trail' with the objective to bring AT hikers into the Catawba Community and to support the proposed hostel at the CSC to be constructed by VirginiaTech. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the proposed Memorandum of Agreement (MOU) between the County of Roanoke, Virginia and Virginia Polytechnic Institute and State University (Virginia Tech) providing for funding and in -kind services to the Catawba Sustainability Center (CSC), subject to future budget appropriations approved by the Board of Supervisors, is approved on behalf of the County of Roanoke, Virginia. 2. That the County Administrator, or his designee, is authorized to execute the proposed Memorandum of Agreement with Virginia Tech, all upon such form as may be approved by the County Attorney. This resolution shall be effective as of the date of its adoption. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: October 25, 2011 661 AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A- 102511 -1.d 5. Request to approve donation of Fire and Rescue ambulance to the County of Craig A- 102511 -2 There was no discussion. Supervisor Moore moved to approve the staff recommendation which was carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSTAIN: Supervisor Flora IN RE: REQUESTS FOR WORK SESSIONS Supervisor Elswick requested a work session be held to review the work of RCCLEAR and to bring the Board up to date as to what projects are pending and to discuss whether it is to our advantage to remain with ICLEI. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Erie Ragland stated he is from Natural Bridge, Virginia and is a former resident of Arlington County, former President of the Boston Civic Association. Mr. Ragland advised he is a retired federal auditor and also a Certified Internal Auditor and recipient of the Journal Cup Award and the Patrick Henry Award by Governor Gilmore in September of 2001. He stated the reason that he is here today is to bring to the Board's attention several legislative initiatives that were brought forward to the General Assembly in 2011 and were passed by indefinitely. The first one concerns the proposed house joint resolution to study the feasibility of establishing a state -owned bank, comparable to the State Bank of North Dakota, which has been a successful bank in that state since 1919 and provides local services, financial services to small business and farmers and has been very successful over the years. A proposed study went forward, but did not move out of committee during the past two general assemblies and he is providing the Board documentation, a three -page analysis of the proposal for the Board's consideration later including a number of details. Also, he stated he would like to bring the Board's attention to the proposed Virginia Urban Development Area Legislative Initiative. This bill was House Bill 17 -21 and it passed the House, 61 to 38 and unfortunately the State Senate, controlled by the Democratic Party would not allow 662 October 25, 2011 this bill to go on the floor for a full vote by the Senate. This bill would allow jurisdictions to do unlike Arlington County, an urban county from where he is from, which has adopted this urban development area authority which is consistent with UN Agenda 21. He stated he believes this makes perfect sense for Northern Virginia, but is not for rural counties in Southwest Virginia and he suggested this may be made flexible and dependent upon each county or Board of Supervisors. Also, he advised that he was brining to the attention of the Board another bill, House Bill 13 -97 that bill provides for exempting the State from proposed federal cap and trade legislation. This bill was passed 68 to 30 in the House, but was not allowed to be voted upon in the full Senate. He advised he is suggesting if we have approved federal and cap trade legislation later, there would be new standards for housing, and residential homes from where he is from in Arlington County most homes are on average over fifty years of age. To retrofit those houses would be very costly and not cost effective and what this proposed federal legislation is attempting to do, which was passed by the House of Representatives in 2009, would change the rules of the game and provide for certification requirement and you would have to make certain improvements and what this bill does is exempt the State from that federal cap and trade mandate. Lastly, he recommends that the Board of Supervisors not go forward or withdraw from ICLEI, an organization that is related to Agenda 21 and he believes that it undermines private property rights, promotes increased control by government and is not a good thing for leaving the existing rural counties and potentially changing that whole structure and he thinks the Board needs to withdraw from that concept altogether or at least consider it. Sandra Bradley of 3244 Pineland Avenue, SW in Roanoke, Virginia and is not one of Roanoke County constituents, but is right on the border. She advised she is here for her grandchildren. She stated many of the decisions the Board makes not only effect me, but future generations. She advised she knows the Board is human and make mistakes, but would like to point out that many mistakes can be corrected and it is the Board's job to correct them when they see them. So, she stated she would like to make the point that this Board has seemingly bought into the idea of the man -made global warming theory as a fact and has allowed an outside group to influence the County policy based on that theory that outside group is ICLEI and that is a mistake the Board can easily correct. She stated the Board has elected to make decisions for the betterment of the County residents and she cannot see where promoting an unproven theory is in the best interests of Roanoke County residents and certainly does not see any sense in paying some outsider $1,200 a year to help. It should be an easy decision for the Board to make. Eldon Karr of 8011 Poor Mountain Road in Roanoke Virginia stated on Bent Mountain, we are pleased that you have given time to reconsider the minimum decibel readings permitted at a non - participating property line. We remain, however, disappointed and disillusioned by the process you engaged in to adopt the large and utility scale wind turbine amendment to the Roanoke County Zoning Ordinance. The minimum setback requirements the Board has put into place will not sufficiently protect October 25, 2011 663 neighboring property owners in any site -based application of the ordinance in Roanoke County. The decommissioning section of the amendment is very weak in its protection of Roanoke County's interests. The amendment you have adopted allows for financial protection for the County in the form of letters of credit and corporate guarantees or promises. The amendment itself clearly accommodates the taking of land from adjacent property owners with the inadequate distance of one thousand (1,000) feet from an occupied dwelling. We must continue to respectfully ask that you revisit the entire amendment and revise the manner in which in which you would revise it for this highly complex and technical land use. This is not a land use in the Blue Ridge of Virginia that should ever be judged solely on the basis of uninformed public opinion. Regretfully, our government on all levels has become corrupted by financial greed and media manipulation. A recent example can be found in a recent article regarding a Roanoke County personnel issue that is being inappropriately used as a political manipulation. He has provided copies to the Board for their consideration some excerpts from "Politicians Don't Pander: Political Manipulation and the Loss of Democratic Responsiveness (Studies in Communication, Media and Public Opinion) by Lawrence R. Jacks and Robert Y Shapiro. He would appreciate if the Board could read these excerpts and consider those elements. He advised citizens are looking for statesmen not politicians and further he added a comment in regard to the minimum standards that have been set forth. Although the Board has a special use permit process, the Board does establish these minimum standards and they should apply in every area of the County and if it has taken two years for staff, the Planning Commission and this Board to come up with what appears to be a lack of understanding of what the minimums actually should be. He stated he thinks the Board still has a lot of work to do and he does not think the special use permit process will allow you the extra time to educate yourselves. Please reconsider the amendment. Roberta Bondurant of 11577 Bottom Creek Road in Bent Mountain, Virginia stated she would like to follow -up on Mr. Karr's comments. She stated she appreciates efforts to reach consensus with the group at the last hearing in deciding on the ordinance provisions. She stated she appreciated that the Board found that provisions with regard to the sound as something that you might reach consensus. She advised she is sorry the Board did not reach that. She stated she would like to follow - up what Mr. Karr said and address what Ms. Moore states is a fair ordinance. She respectfully objects to that, it is not fair and she advised it is not fair because the Board has been called upon to set minimum standards. This is a "go -by" and this is a standard a community in the Blue Ridge Mountains and for all of your communities; Ft. Mason, Windy Gap Mountain, Catawba, Read Mountain, Poor Mountain and Bent Mountain and each has citizens to answer to who live there. So, with regard to sound and distance when you are adding provisions or writing provisions, they are exactly what the wind industry asked for. The Board is placing the burden in that ordinance and she advised she knows Mr. Mahoney knows where she is coming from, you are placing the burden on the community members to challenge that and that is what they have 664 October 25, 2011 done. Why would you not take this softball and go with it. She advised her sense is that Mr. Mahoney could guide, her sense is that Mr. Church is interested in what Mr. Elswick proposed and she genuinely appreciates his being here on her behalf. Mr. Elswick got up and walked out and is symbolic of the sense that the people of Bent Mountain have. But Mr. Flora and Mr. Altizer have been disingenuous in asserting that "we don't even know there is even going to be an application." Chairman Church reminded Ms. Bondurant not to name names and direct all comments to the Chair. Ms. Bondurant continued by stating the Board has suggested they do not know there will be an application; you know there will be an application. This company has been in the neighborhood for over five (5) years. First, with the proposal for fifty (50) and now with a proposal for eighteen (18). Please seriously consider that. With that again, she asked the Board in the context of the Board's own rules of order, can you please reconsider Mr. Elswick's request today and bring it back to the Planning Commission at least on the matter regarding sound. 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 September 30, 2011 5. Proclamations signed by the Chairman 6. Comparative Statement of Budgeted and Actual Revenues as of September 30, 2011 7. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of September 30, 2011 8. Accounts Paid — September 2011 October 25, 2011 665 9. Quarterly Report — Community Development Activities 10. Report of Claims Activity for the Self- Insurance Program IN RE: WORK SESSIONS At 4:10 p.m. Chairman Church recessed to the fourth floor for work session. 1. Work session to provide the Board of Supervisors with training as part of the Roanoke County Emergency Operating Plan (Joey Stump, Division Chief, Fire and Rescue) The work session was held from 4:30 p.m. until 6:00 p.m. Mr. Stump reviewed a PowerPoint presentation with the Board members to go over the draft emergency operating plan and provide the necessary training required by the plan. A copy of this PowerPoint presentation is on file in the office to the Clerk of the Board of Supervisors. It was the consensus of the Board to bring this item to the next Board Meeting on November 15, 2011. At 7:00 p.m., Chairman Church called the evening session to order. IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution requesting the Commonwealth Transportation Board establish an enhancement project for Plantation Road in Roanoke County, Virginia (Megan G. Cronise, Principal Planner) Ms. Cronise outlined the resolution. The following citizen spoke. Wendy Jones advised she is the Executive Director of the Williamson Road Business Association located at 4804 Williamson Road. She current resides in Fincastle. She advised she is here to express the Williamson Road Business Association's Board's unanimous support of this project; not only are they interested in making the safety a number one priority in such a densely populated area with the sidewalks in the area, but they are so in tune with this project that they have partnered with Friendship Manor to actually achieve the landscaping at the corner of Williamson and Plantation next spring. Accordingly that part of the project will be accomplished for the County. She stated this is a very important project; they believe it is going to bring the safety to the area that greatly needs it. (if you ever watch any of those people cross the road, it is scary.) She further stated the Association supports this project one hundred percent (100 %.) 666 October 25, 2011 Supervisor Flora stated this has been tried before, but staff would like to submit again to the Virginia Department of Transportation (VDOT) and hopefully receive funding for it. If traveling from the north, it is the first entrance into the valley and to Roanoke County. It really does need a bit of improvement. There are a lot of employees along that stretch and for those you do not want to get out and drive their car a quarter of a mile down the road at least they could walk to the restaurants. Supervisor Moore and Supervisor Elswick both expressed their support for this project. There was no further discussion. RESOLUTION 102511 -3 REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD ESTABLISH AN ENHANCEMENT PROJECT FOR PLANTATION ROAD IN ROANOKE COUNTY, VIRGINIA WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program an enhancement project in Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Commonwealth Transportation Board to establish a project for the improvement of Plantation Road in the form of pedestrian and bicycle accommodations as well as streetscape improvements. BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors hereby agrees to provide a minimum twenty percent (20 %) of the total cost for planning and design, right of way and construction of this project. BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors hereby agrees to enter into an agreement with the Virginia Department of Transportation to provide oversight that ensures the project is developed in accordance with all state and federal requirements for design, right of way acquisition, and construction of a federally funded transportation project. BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors will be responsible for maintenance, upkeep and operating costs of any facility constructed with Enhancement Program funds. BE IT FURTHER RESOLVED THAT if the Roanoke County Board of Supervisors subsequently elects to cancel this project the Roanoke County Board of Supervisors hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. The Roanoke County Board of Supervisors also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: October 25, 2011 667 AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 2. Resolution approving the allocation of revenue sharing funds for fiscal year 2012 -2013 (David Holladay, Planning Administrator) Mr. Holladay explained the resolution. Mr. Goodman outlined that any matching funds have not yet been appropriated. There was no discussion and no citizens spoke on this item. RESOLUTION 102511 -4 REQUESTING APPROVAL AND ADOPTION OF THE REVENUE SHARING PROJECTS AND FUNDS FOR THE FISCAL YEAR 2012 -2013 WHEREAS, the Board of Supervisors at work sessions on September 27, 2011, and October 11, 2011, reviewed the projects identified in Roanoke County Revenue Sharing Program for Fiscal Year 2012 -2013; and WHEREAS, the Board of Supervisors desires to submit an application for an allocation of funds of up to $500,000 through the Virginia Department of Transportation Fiscal Year 2012 -2013, Revenue Sharing Program; and WHEREAS, $500,000 of these funds are requested to fund the projects identified in Roanoke County Revenue Sharing Program for Fiscal Year 2012 -2013. NOW, THEREFORE, BE IT RESOLVED that Roanoke County Board of Supervisors hereby approves the Revenue Sharing Project list for Fiscal Year 2012- 2013 and supports this application for an allocation of $500,000 through the Virginia Department of Transportation Revenue Sharing Program. AND BE IT FURTHER RESOLVED that the County Administrator is authorized to sign the Letter of Intent and defer appropriation of the funds ($500,000) until July 1, 2012. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 668 October 25, 2011 3. Request to apply for a fiscal year 2012 -2013 Virginia Department of Transportation (VDOT) Transportation Enhancement Grant for the Eastern Section of the Roanoke River Greenway - Roanoke City to Blue Ridge Parkway (Lindsay Blankenship, Greenway Planner) Ms. Blankenship explained the request. Supervisor Altizer stated as it relates to East County, this is pretty much getting into the final design up to Explore Park, at least the entrance there. It is the greenway along the Roanoke River from Wasena all the way across to the treatment plant and is heavily used now and he is sure will be used even more once this design is complete. He advised the County has a long way to go, but have a little over one half of a million dollars, which leaves $4 million to receive grants for through the years to get this done. It will be a great asset along the river all the way until you get to the Parkway bridge. He certainly supports this grant and the $75,000 match will be used a lot from what he understands from donations of land and right -of -ways and will go toward the County match of $75,000. There were no citizens to speak on this agenda item. There was no further discussion. RESOLUTION 102511 -5 OF SUPPORT TO SUBMIT A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE FISCAL YEAR 2012 -2013 TRANSPORTATION ENHANCEMENT PROGRAM TO HELP FINANCE THE DEVELOPMENT OF THE EASTERN SECTION OF THE ROANOKE RIVER GREENWAY PROPOSED BETWEEN THE CITY OF ROANOKE AND THE BLUE RIDGE PARKWAY IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the Board of Supervisors of Roanoke County in order that the Virginia Department of Transportation program an enhancement project in Roanoke County, and WHEREAS, the 2007 update to the Roanoke Valley Conceptual Greenway Plan, adopted by Roanoke County, recommends that focus be placed on completing the Roanoke River Greenway in the next five years, and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, requests the Commonwealth Transportation Board to program a project for the development and construction of approximately 2.7 miles of the Eastern Section of the Roanoke River Greenway between the City of Roanoke and the Blue Ridge Parkway. October 25, 2011 669 BE IT FURTHER RESOLVED, that the total project costs associated with the first phase of the project (which will address project design, engineering and permitting, and private land acquisition along the proposed greenway corridor) are estimated to be $904,275. Roanoke County is requesting grant funding in the amount of $302,420, which is eighty percent (80 %) of the total unfunded cost of the first phase of this project. Roanoke County hereby agrees to pay matching funds of $75,605, which is twenty percent (20 %) percent of the total unfunded cost of the first phase of this project. BE IT FURTHER RESOLVED, that if Roanoke County subsequently elects to cancel this project the County hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs, expended by the Department through the date the Department is notified of such cancellation. BE IT FURTHER RESOLVED, that Roanoke County will be responsible for maintenance, upkeep and operating costs of any facility constructed with Enhancement Program funds. 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 4. Resolution approving the Roanoke Valley Alleghany Regional Commission (RVARC) Regional Water Supply Plan (David Holladay, Planning Administrator) Mr. Holladay explained the resolution and advised Mr. Gary Robertson, Executive Director, Water Operations with the Western Virginia Water Authority was in attendance to answer any questions. There was no discussion. RESOLUTION 102511 -6 APPROVING THE ROANOKE VALLEY ALLEGHANY REGIONAL COMMISSION (RVARC) REGIONAL WATER SUPPLY PLAN WHEREAS, Virginia State Water Control Board Regulation 9 VAC 25 -780, Local and Regional Water Supply Planning, requires all counties, cities and towns in the Commonwealth of Virginia to prepare and submit a water supply plan to the Department of Environmental Quality (DEQ); and WHEREAS, Roanoke County is a participant in the Roanoke Valley Alleghany Regional Commission (RVARC) Regional Water Supply Planning Group as reported to DEQ by letter before the November 2, 2008, deadline; and WHEREAS, on October 25, 2011, Roanoke County held a public hearing to accept public comment on the Regional Water Supply Plan; and WHEREAS, the adopted Regional Water Supply Plan will be submitted to the DEQ on or before November 2, 2011. 670 October 25, 2011 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby adopts the RVARC Regional Water Supply Plan as it pertains to Roanoke County. Approval and adoption of this regional plan indicates support for and general agreement with the regional planning approach, but does not indicate approval or disapproval of conclusions and recommendations presented in the plan as they pertain to other localities. Roanoke County reserves the right to comment on specific water supply alternatives in the future even though such alternatives may be recommended in this adopted plan. Roanoke County will not be limited to specific water supply alternatives in this adopted plan and reserves the right to recommend additional alternatives for consideration in the future. BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County intends that the Regional Water Supply Plan shall be revised to reflect changes in relevant data at least once every five years and resubmitted to DEQ every ten (10) years in accordance with the regulation and sound planning practice. 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: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. The petition of Glenn Reed to rezone approximately 13.7 acres from AR, Agricultural /Residential District to AV, Agricultural Village District and to obtain a special use permit for the purpose of a gas station /convenience store located at 9651 Bent Mountain Road, Windsor Hills Magisterial District (Philip Thompson, Deputy Director of Planning) This agenda item was postponed until November 15, 2011. 2. The petition of Skyway Towers to obtain a special use permit for a broadcasting tower (199') in an AG -3 district on 17.12 acres, located at 3557 Jae Valley Road, Vinton Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition and explained this tower has the potential to be highly visible from the Blue Ridge Parkway and is not consistent with the Mt. Pleasant Community plan due to this visibility factor. A community meeting was held on September 22, 2011, at Mt. Pleasant Elementary School and there were nineteen (19) citizens in attendance. Their concerns centered on how the broadcasting tower fits within the communication system of AT &T; how the site was selected and the October 25, 2011 671 impact it may have on property values. The Planning Commission held a public hearing on October 4, 2011; there was one citizen who spoke on the petition inquiring about the amount of radiation from the tower and its potential impact on surrounding property values. The Planning Commission voted unanimously to recommend approval of the request with two conditions. One correction needs to be made to the resolution; the date of the letter should be changed to October 7, 2011. Lindsay Ritter with Skyway Towers was in attendance to answer any questions and advised Skyway will comply with all the conditions of the Blue Ridge Parkway. Supervisor Altizer advised this Board had approved a special use permit four to five years ago, which was right next to the Franklin County line. He inquired if that tower in any way fits; is capacity there for AT &T on that pole with Ms. Ritter responding there are existing towers in the County that AT &T will be utilizing for co- locations. The site that Skyway will be building for AT &T is in a location where there are no other co- location opportunities. She added without knowing the exact location of the tower, she is unable to determine if it is in the network. Supervisor Altizer responded it is the one all the way at the top of Windy Gap Mountain probably two to two and 1 / miles away from Franklin County. Ms. Ritter responded if it is two and '/ miles away, it is probably a connecting site and in this type of terrain the towers are typically one and 3 / to two miles apart. Supervisor Altizer then asked Ms. Ritter to explain to him why it is important to have the cell tower at this location. Ms. Ritter explained the AT &T engineers who design the network produce the propagation maps and take the AT &T sites that are on -air and show coverage and where coverage is weak; along Jae Valley Road AT &T is lacking coverage. Accordingly, the AT &T engineers hired Skyway Towers to do the property and zoning research to build a site. It is never the carrier's first option to have a tower built if there is a co- location opportunity. Supervisor Altizer asked Ms. Ritter if they were able to co- locate four other companies with Ms. Ritter responding in the affirmative; a total of five carriers. Supervisor Altizer then stated the location of this tower sits actually down below the level of the road from the property; with Ms. Ritter responding in the affirmative and stated from the road there is an existing driveway entrance and the driveway will go up the hill and just right over the hill. Supervisor Altizer reiterated if he understands the drawings Skyway will go down below that level that embankment that does up and over and is not sitting right level on the road and going up. Ms. Ritter stated Supervisor Altizer was correct; there is a patch of trees that almost make a U shape and the tower will be located in the center of those trees. No citizens spoke on this matter. There was no further discussion. ORDINANCE 102511 -7 GRANTING A SPECIAL USE PERMIT FOR A BROADCASTING TOWER IN AN AG -3 DISTRICT ON 17.12 ACRES LOCATED AT 3557 JAE VALLEY ROAD (TAX MAP NOS. 89.00 -02 -06.00 AND 89.00 -02 -7.00) VINTON 672 October 25, 2011 MAGISTERIAL DISTRICT, UPON THE PETITION OF SKYWAY TOWERS WHEREAS, Skyway Towers has filed a petition for a special use permit for an approximately 199 -foot broadcasting tower in an AG -3, Agricultural /Rural Preserve, District on 17.12 acres located at 3557 Jae Valley Road (Tax Map Nos. 89.00 -02 -06.00 and 89.00 -02 -7.00) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 4, 2011; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 27, 2011; the second reading and public hearing on this matter was held on October 25, 2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Skyway Towers for an approximately 199 -foot broadcasting tower in an AG -3, Agricultural /Rural Preserve, District on 17.12 acres located at 3557 Jae Valley Road (Tax Map Nos. 89.00 -02 -06.00 and 89.00 -02 -7.00) in the Vinton Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: a) The site shall be developed in general conformance the site plan prepared by Morrison Hershfield, dated June 13, 2011 b) The broadcasting tower shall comply with the recommendations of the National Park Service /Blue Ridge Parkway as indicated in the formal correspondence from Philip A. Francis, Jr., Superintendent, dated October 7, 2011 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS October 25, 2011 673 The following citizens spoke: Mr. Noah Tickle of 1603 Frost Lane in Salem, Virginia stated he has been a Roanoke County resident since 1956. He asked is it any wonder that our Board of Supervisors struggle under governance? That's why he is now encouraging all residents to be involved at Board of Supervisor meetings. It seems it would be like atlas holding up the world considering there are lobbyist and "NGOs" coming at them from every direction. The same is happening at the state and federal levels. These "NGO's" non - government organizations" all attempt to hijack governance; shove elected representatives aside to have their way with "we the people." In their writings "and" self - constructed, high moral playground ICLEI speaks of "their" governance when indicating governments as if, "all" governments are theirs to use. It is "unbelievable ", the arrogance of thought that elected representatives are their puppets. In a very recent article by one of their officials" a German" whines about ICLEI being labeled as an "NGO" and how it makes ICLEI sound, "so bad." The fact that he mentions that "says a lot." He writes an entire lengthy article about how he wants ICLEI relabeled as an "LGO ", "local government organization ". He did not mention a recent label of theirs "sustainable development," because everyone uses ICLEI... That's what's happening with ICLEI." twisting and turning and trying to better groom themselves ", putting on more sugar coating ", when one reads their stuff', it is as plain as the nose on one's face, it comes in a cloud of CO2 /global warming , chicken little the sky is falling" to "eliminate" living the American dream "; no private home "; no private land; all to institute a socialist government in America as it exists in European communities and other parts of the world. ICLEI, "the new Trojan horse ", do not be deceived folks, "it is real ". The "United Nations" "NGOs" are real; approximately 44,000 NGOs worldwide." Russia has near one million ", India has over three million. They are lobbyists out to govern in the place of "our elected representatives ", hijacking governments ", and "for real they are doing just that already. We do not like lobbyists; ICLEI is just that. Their intent ", in effect ", is to destroy our liberty. Let's eliminate ICLEI now. ICLEI must go. Ms. Linda LaPradd from Will Carter Lane in the Cave Spring district stated once again she asked the Board to sever ties with ICLEI. We have given you many reasons and shown what is really in these plans if you take the time to research them. ICLEI mandates are totally based on global warming which is, at best, an unproven theory and at worst data manipulation to achieve the goals this organization wants. Dr. Stephen Schneider who led many of the IPCC (ICLEI) reports on global warming states: "We have to offer up some scary scenarios, make simplified dramatic statements, and make little mention of any doubts." Timothy Worth of the UN Foundation stated, "We've got to ride the global warming theory, even if it is wrong." Proponents of ICLEI state that it only provides software and information. It does. It provides software and ALL information to support their goals, and this information is not impartial or well investigated and no facts that do not fit their ideas are allowed. The "mandates" they 674 October 25, 2011 request are the same for Roanoke County, New York City, Paris, or any city who buys into their view of what our world should be like. By signing a membership, you agreed to follow their mandates, and we are following them. Now I have some questions for you, and I would like each of you to fully think about how you would answer them. 1) Did you research both sides of the "global warming theory" or simply accept what you were told by someone who presented to you the information ICLEI provided to them? 2) When you signed the membership, did you read it fully and understand that you agreed to follow their "mandates "? They have five now. Look at RCCLEAR's goals and you will see them. In 2012, there will be a convention and 81 mandates will be presented. Are you prepared to blindly accept these? As a member, you automatically agree to them. 3) Did you fully read ICLEI's own website and the sites it references and realize the impact this could have on rural areas since they recommend funding and resource allocation to "cluster cities" and "villages" at the expense of rural living? In wanting to preserve the environment for future generations, as we all do, did you look deeper into the meanings this could have for residents of Roanoke County, especially those who like rural living? 4) Do you believe that the same goals are right for every city worldwide who chooses to be a member? Do you see us with the same environmental needs as a large metropolitan area? 5) Do you intend to allow an international NGO to dictate Roanoke County's environmental policy? In her opinion if you, personally, answer no to any of these questions, you have only one choice: sever ties with ICLEI now. Bill Gregory of 3312 Pamlico Drive in Roanoke and has been resident for 19 years. At the last Board of Supervisors Meeting, he requested information on how future land use designations found in the County's current comprehensive plan were arrived at. Designations such as rural village, village center that have a distinct, collectivist feel to them have been around for quite a while in Roanoke County's comprehensive plan. He received a CD entitled the 1985 Community Plan. He stated he read through this plan and noticed the future land use terms likely came from the American Planning Association's EPA Guidebook entitled, "The Language of Zoning, Glossary, Awards and Freesas." The EPA and ICLEI go back as partners and allies in the sustainability development agenda. Both are heavily dipped in the social justice component of land development. Why must there be a social justice component to land use planning; sounds sort of socialist to him. He stated he has a copy of a presentation that someone from the EPA did entitled, "Public Participation and Social Justice," which also mean social justice icons like Saul Ilensky are mentioned in the presentation as pioneers of citizen participation and advocacy planning. A quote in the presentation from Norman Crumholtz, "With the AAIP ethics as a guide, we deemphasize many of our concerns with the zoning land use and urban design to alter the traditional posture of the planner as an apolitical technician serving a unitary public interest instead we devoted ourselves to providing more choices to those who have few if any choices. Carol Willoughby of 6130 Hidden Valley Drive in Roanoke, Virginia stated she is here representing herself and her views and no other person or organization October 25, 2011 675 asked me to come here. She stated no one knows that she is going to say except her service dog Midas and he is not telling. She stated she is here today because she feels that an injustice has been done to someone that she cares greatly about, that person is our Chairman, Mr. "Joe Butch" Church, she stated she felt like someone needed to come and speak up and present a different point of view than was portrayed in the Roanoke Times in the Sunday front -page article this past weekend. I found it very disappointing. She stated she would also like to say she has a wonderful history with the Times, appreciated them greatly and would not be here today and would not have been able to found the St. Francis Service Dogs or many other accomplishments over the years without the positive support that she received from Roanoke Times or other media. I understand the great influence such an institution can have on our citizens. She advised she benefited greatly and as a result, many other people have benefitted greatly. She also understands at times it is necessary to have articles that are not so pleasant to read and she expects balanced, fair journalism. The article that appeared on Sunday is simply not true, it was not fair, and she is not sure how it slipped by and got onto the front page. She noted she believes that investigative reporting should be investigated by the Roanoke Times, but that is their business and that is their problem, not mine. Her problem is if this type of reporting continues as a citizen who cares about her community and wants honest reporting on what is going on, do I want to continue to read Roanoke Times and read such unfair allegations and outright untruths presented in a way that is in her opinion, destined to cast people in a very negative light and this happens to have happened to a gentlemen running for reelection two weeks prior to the election. Not to say that the employment situation that came to light in this article was nothing new; occurred over a year ago and it is not the first time it has come up. It came up in June of this past year by Mr. Church's opponent, Mr. Turner, whose name she would not even want to bring up, except there is another opponent and she certainly does not want to say anything about him. So, for what reason, perhaps the Supervisors know the reason and that it was brought up in June and is just now coming to light two weeks before an election. She stated she is just an ordinary citizen looking at this and asking questions. She stated she knows it is unfair and she knows if she was reading the paper with her past experience with the Roanoke Times being so positive and she did not personally know the people and understand that the person being written about is one of the most honest men that she has ever met, of the highest integrity. There are a lot of people who know this, but the fact that anyone would read this and not know it and think another politician. What is happening in our Roanoke County? I have never seen anything like this before. It seems that what is happening in this country, what is happening in Washington, DC unfortunately is filtering down to her hometown that she has loved and lived in, raised her sons and she is extremely saddened by it. She further advised she just wanted to make that point and ask anyone listening to reevaluate anything they might have thought in reading that article and she does hope that people will look into it further, because this is simply not right. Kirtesh Patel of 2126 River Oaks Drive in Salem, Virginia stated he has 676 October 25, 2011 been a resident of Salem for a long time now. He advised he has a couple of things that he would like to ask the Board. He asked all the gentlemen and lady to work on creating some more jobs and encouraging small business. At the time, as a couple of ladies and gentlemen spoke, he thinks the Board should be careful signing anything about the environment because one key does not fit all the locks and hopefully the Board will fit our community and create jobs so there is less unemployment. Another thing he would like to say is he would like to commend the Board for doing a great job on balancing the budget, job creation, a school system and not firing any teachers. Also regarding the unfair article to Mr. Butch Church, he asks the Board to be positive, run your course of campaign and do not get into dirty politics. People know your records, they have seen you working, a lot of the community has seen you working, and he has seen the Board members coming to the Small Business honors with Mr. Clay Goodman and work nights and weekends to help do whatever it takes to build a community. So, there is nothing he can do as a citizen to the Roanoke Times, as I am not sure it is fair or not as that is a different story. The main thing is that Chairman Church stays the course and does what is right. We really need people like you to run the County at least at this time so he hopes that citizens understand something in the Roanoke Times is not based on the entire county and everyone sees your past records and the promises you made and the promises you make. Roy Thomas of 19 Windsor Avenue in Roanoke, Virginia and has been a lifelong resident of Roanoke; grew up on the mighty banks of Peters Creek, attended Southview High School and graduated from Northside High School in 1965. He stated he is proud of this valley and wants to see it continue to be the best place to live that he has ever seen. He commended the Board for their service and thanked them, he has his own political views which might not and probably not agree with your views but would like to voice his views anyway. He is here today to voice his concern and distain for the organization ICLEI. He stated he worked 33 years for a large multibillion dollar corporation and propose a disclaimer for that corporation right now and to a situation in the City that he worked for with that corporation and encountered his first encounter with ICLEI, several years ago as he has been retired for five years. There was a national disaster in this County and he was dispatched to a large, southern city where a hurricane completely decimated the largest oil terminal in the United States. There are five major railroads that terminate in that city. The city was out of business for years. His job was to protect our interest there and help get our company back up and running; we were the first to get back up and running. He had to provide housing for all of our employees; we put temporary housing on our property and in the meantime, we made an attempt to put house trailers in this area. We ran into withering opposition from the local government through building zones, codes and ordinance and for the first time in his life heard word in the background "sustainable," "21". This area had not yet adopted these programs but they were following their guidelines anyway. They would not let us temporarily put house trailers for any residents of that time. His company was responsible for moving probably three or four thousand house trailers to this area. They October 25, 2011 677 sat in a field and rotted because the local government would not let us install them. Be real careful about overreaching, intrusive local government. In your relationship with ICLEI, he sees and understands that the Board has concerns about global warming. His issue is not whether it is man -made, cyclical or whatever the cause. The science is not finished on that subject. He submits an article to the Board from NASA. It seems like creation and the heavens opened up and let most of the global warming go, it looks like creation trumps science again. It always does. Please read the article and make your decisions in the future with jobs in mind. Paul Maki of 3812 Praline Place in Bonsack stated he was here to talk about ICLEI as well. He stated he came to Roanoke eight and 1 / years ago from San Diego and Roanoke is a lovely place, he advised he likes the ruralness, it seems to be open and is run well, the Board has done a good job. He advised he is concerned as well and the Board needs to look a little deeper into this; and not follow a lot of these programs because what he has read about Agenda 21 scares him and does not want to go in that direction. He further commented he would like to encourage the Board to keep Roanoke a beautiful city and not ruin it; keep all of this in mind. Max Beyer of 2402 Coachman Drive in Roanoke, Virginia stated he had not intended to speak this evening but with two people using this platform for political statements and must rise in protest. He does not agree with what the Roanoke Times says very often, but he does not come to this Board to rectify them or to challenge them or do anything else. It has no place at this platform. He commented he does not think Mr. Patel and Mrs. Willoughby's comments should have been entertained by the Board and he just thinks that political statements should not be made especially in a campaign at this platform. He knows the Chairman and the Board are very lenient and he certainly respects that in addressing citizen's issues but he thinks it is wrong for the Board to allow people to stand at this platform and comment on political matters in a political campaign. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore thanked VDOT for installing the turn lanes on Rt. 220 at Back Creek Road; that will help save a lot of lives. Supervisor Moore then invited everyone listening and everyone in the audience to attend the second annual Veterans Day parade in downtown Roanoke City on November 5, 2011, at 11:00 a.m. Please come and help honor our veterans. Supervisor Altizer stated he did not have any comments. Supervisor Flora advised Mr. Goodman that he had brought this before this Board approximately ten years ago and it did not go anywhere with the Virginia Department of Transportation (VDOT), but there is a traffic signal at the intersection of Florist and Williamson Road that is tied in sequence with the traffic signal at Williamson Road and Brookside. One of the cycles has red in every direction for a whole cycle; he would like have VDOT take a look at. At least traffic should move somewhere during 678 October 25, 2011 that period of time because it stops the traffic on Williamson and Florist and no one can go anywhere. VDOT should take a look and see if it can be changed to at least allow some left turn off Williamson Road or Florist. Mr. Goodman advised he would consult with VDOT and advise. Supervisor Elswick stated he has a subject that needs to be addressed because it could happen to any Board Member and he does not consider it to be a political thing at all. The feature article in last Sunday's Roanoke Times was about Chairman Butch Church and his approach to the responsibilities of the Chairman and the termination of the Clerk to the Board. It was not a paper's endorsement or non - endorsement of anybody, but simply what appeared to be a slam against Mr. Butch. He advised he did not think any of the Board should be subject to that and that is why he is commenting tonight. Chairman Church is portrayed as being overly involved in County business. He should be applauded for that; citizens benefit from his involvement. It is our job to the extent that the Board has time, most of the Board gets involved, and it is what people expect us to do. Butch's approach is very enthusiastic; some might think that is aggressive, but he has learned that it is simply because he loves the job and wants to be involved; he really enjoys what he does. Supervisor Elswick stated he has been pleased with a number of recent articles in the paper where they interview people; common, everyday citizens and they tell us what they do and keeps everyone informed about the area and thinks it is a good direction to go. He thinks that can encourage and increase paper circulation, which he has heard is a problem. Certainly, political endorsements are the prerogative of any publication; all of them do so and they are entitled to do so. But, this story about Mr. Church and the Clerk to the Supervisors is an insidious, tabloid -type way to influence readers. It is old news and bringing it up two weeks before the election shows the true intent of the paper. He has suggested to the management of the Roanoke Times that future articles include both positive and negative comments from those interviewed. He also suggested that if you really want to know who the Board is, ask our neighbors; you don't have to go dreaming things up and showing one -sided opinions. Much of the article is also about Chairman Church and the terminated Clerk to the Board. Inferences that Mr. Church had a personal vendetta to remove her from the position were made. She was removed by consensus of the Board because she was not doing the job. During her tenure Board meeting minutes were up to a year in arrears, a year behind. The new appointed Clerk worked long hours on her own time and the minutes were current within a month after her appointment and there were three people working in the Clerk's office. Taxpayers should know that there is only one person working in the Clerk's office now so the Board saved two positions and did not spend $50,000 on new software to help keep the minutes up -to -date. There can only be one reason for this article and is purely political; to him it is disgraceful that our paper would allow this to happen unless of course all of the Board was subjected to the same scrutiny; to single out one member for a negative article is prejudiced and irresponsible. Finally, Supervisor Elswick reminded everyone that the 419 Library will be closing December 16 and the South County Library will open on January 3, 2011. October 25, 2011 679 Chairman Church then attempted to adjourn the meeting stating the Board had made their comments. Supervisor Altizer refused stating he is going to make his comments. It was allowed to go on and he told the Chairman what he wanted to say and he tried to cut me off. Supervisor Altizer stated the Board does not sit behind the dais and talk about prior employees no matter what and talk about their work performance. "You do not talk in public about personnel matters. Mr. Chairman, I am sorry, you tried to cut me off and you knew what my comments are and he is done." Chairman Church responded he did not know the comments and adjourned the meeting. IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 8:04 p.m. Su,b4�itted by: Approved by: cc /4 Deb 4 orah �: C. a s o . "Butch" Church Clerk to the Board Chairman L 680 October 25, 2011 PAGE LEFT BLANK INTENTIONALLY