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HomeMy WebLinkAbout1/24/2012 - RegularJanuary 24, 2012 31 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 January 2021. 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 Flora called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora; Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Eddie "Ed" Elswick and Charlotte A. Moore 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 Diane Hoffman of Church Victorious. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS County Administrator B. Clayton Goodman III asked that the agenda item under the Second Reading of Ordinances, the Ordinance amending Section 23 -3.4 "Stormwater management facility maintenance agreements" of Chapter 23. "Stormwater Management" of the Roanoke County Code be moved to the evening session. There was no objection. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 32 January 24, 2012 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Gladys M. Walters, Library Services, upon her retirement after forty -four (44) years of service Ms. Walters was in attendance for this recognition as well as Diana Rosapepe, Director of Library Services. All supervisors congratulated and thanked Ms. Walters for her service. RESOLUTION 012412 -1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GLADYS M. WALTERS, LIBRARY SERVICES, UPON HER RETIREMENT AFTER FORTY -FOUR (44) YEARS OF SERVICE WHEREAS, Gladys M. "Totsie" Walters was first employed by Roanoke County on October 30, 1967, by Library Services; and WHEREAS, Ms. Walters retired from Roanoke County on December 31, 2011, as Bent Mountain Branch Librarian, after forty -four (44) years and two (2) months of service; and WHEREAS, Ms. Walters offered friendship and assistance to everyone who visited the library, transforming it into a welcoming community center and a true educational resource for the people of Bent Mountain; and WHEREAS, she opened the world of reading to generations of children who came to the library for storytimes and after school; and WHEREAS, during her tenure, Ms. Walters oversaw many changes in the Bent Mountain Branch Library, including the construction of a new library in 1986 and a later addition in 2005; the expansion of library operational hours; the introduction of new formats and services, such as DVDs, computers with Internet access and e- books; and WHEREAS, Ms. Walters, through all the changes, exemplified the highest standards of calm, courteous, reliable and positive public service; and WHEREAS, Ms. Walters, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to GLADYS M. WALTERS for forty -four (44) years of capable, loyal and 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 Elswick to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None January 24, 2012 33 IN RE: BRIEFINGS 1. Annual update on services delivered by Blue Ridge Behavioral Healthcare (Tim Steller, Executive Director of Blue Ridge Behavioral Healthcare) Mr. Steller provided an update on the community services provided by Blue Ridge Behavioral Healthcare. 2. Annual report from the Roanoke Regional Partnership (Beth Doughty, Executive Director) Ms. Doughty gave a brief PowerPoint presentation on the Roanoke Regional Partnership. IN RE: NEW BUSINESS 1. Request for appropriation of funds for assessment for Appalachian Power Company (APCo) negotiations (Anne Marie Green, Director of General Services) A- 012412 -2 Ms. Green explained the request for the appropriation of $4,889.35. There was no discussion. Chairman Flora moved to approve the staff recommendation to appropriate the funds for the Appalachian Power Company assessment. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 2. Discussion of the moratorium on approval of new street lights (B. Clayton Goodman III, County Administrator) Mr. Goodman advised this request was forwarded to the Board for consideration on behalf of Board member Church. He advised he wanted to discuss the issue that we had at our last work session and deferred to Supervisor Church. Supervisor Church asked Mr. Goodman to tell the viewing audience really what transpired during the work session and then he will have some comments to make and a request. Mr. Goodman advised staff added to the work session an item for discussion of the streetlights, which was on the previous meeting in December. Representatives of the Board discussed the possibility of lifting the moratorium for street 34 January 24, 2012 lights. There were approximately seven (7) streetlight that met the criteria that could be eligible for consideration and at that time the Board consented to lifting the moratorium, seek approval of those lights for installation and then consider any further requests in regards to the moratorium reinstated and discussed during the budget process. Supervisor Church asked Mr. Goodman to verify that the moratorium was lifted during the work session. Supervisor Church advised for the viewing audience and those at home, he was not present for this work session and he was a little bit disturbed when he was told the moratorium was opened. He advised there was a request December 13, 2011, at the Board's last meeting in 2011 from Ms. Moore regarding a streetlight and remembered commenting at the end of the meeting that it would not be proper to open a moratorium, put in one light and close it. He asked Mr. Goodman to verify that there was one light in Cave Spring and six from Vinton talked about under consensus and the moratorium was then closed with Mr. Goodman responding in the affirmative and that it would be discussed during the budget process as to whether it would be reopened, maintained, etc. Supervisor Church advised it is his understanding and he has talked to some directors and people at the meeting, there was no discussion about a budget situation. He added in his opinion the Board is sending a wrong message by selecting a few chosen lights. He added he thinks in the era of transparency and openness, i.e. there has been a moratorium on this street light installation for two years and during that time and he does not know the number, several of his citizens asked or talked to him about applying and he advised them there was a moratorium on and they would be wasting their time. Supervisor Church then asked Mr. Arnold Covey, Director of Community Development to explain the process and the normal length of time it takes. Mr. Covey advised basically the process starts with a phone call and then staff will submit an application to the person making the request. The citizen fills out the application form and returns to the County. When the County receives the completed application, the Transportation Department will prepare maps and take a look at the street configuration. There is a form that staff goes through to analyze the street light to see if it meets the qualifications or requirements of the County regarding safety to the motoring public. Additionally, staff will coordinate with the Police Department and that could take a couple weeks and then at that point staff determines whether the light qualifies or not. If qualified, AEP is notified to schedule the installation of the street light. Supervisor Church asked Mr. Covey if the time frame is normally approximately five to seven weeks, with Mr. Covey confirming. He advised that is why he has been telling his citizens, there is a moratorium on it; it is a little bit of a process. Additionally, some people think it is for the security of their home, which is not correct and asked Mr. Covey to confirm. Mr. Covey advised they will look at the configuration of the roadway and intersections and locations, etc. Supervisor Church stated the budgeted amount for electricity is $104,000 a year with Mr. Covey responding in the affirmative. Supervisor Church then asked Mr. Covey to confirm he has already spent $128,000 with Mr. Covey responding in the affirmative. Supervisor Church advised he was not talking about the amount of money, $500 does not sound like a lot, but when January 24, 2012 35 you start putting a few hundred together it does. He advised there are 1495 streetlights (approximately) currently with $24,000 over budget and asked Mr. Covey where does the money come from with Mr. Covey responding a reallocation of dollars within his budget will be needed to accommodate. Supervisor Church reiterated it comes from another project and the Board does not give you extra money. He advised there is a process that is not broken and feels that the Board is sending a wrong message. He commented he feels when the Board does things like this; it creates a question in the citizens' minds. Why would the Board open up for six (6) and not open it up for the entire County. The reason is the County has been in a budget crunch or the moratorium would not have been put on to begin with. Supervisor Church asked Mr. Mahoney could he repeat to the audience in work sessions normally the Board will work on item of interest to all of our districts and then the Board will come to consensus and normally bring it downstairs to a live meeting. Is that a general way that this is handled with Mr. Mahoney responding in the affirmative. Supervisor Church commented Mr. Mahoney mentioned in the work session, "how about an appropriation of money" and asked Mr. Mahoney to confirm. Mr. Mahoney advised there are two different approaches, one in the past the Board has appropriated additional funds for different projects or in the alternative, the Board just indicates that they want staff to reallocate existing, appropriated funds within Department budgets. In this instance, he believed it was the direction of the Board just to reallocate those funds within Mr. Covey's budget. Supervisor Church commented in his opinion is that it is not the amount of money, he stated he thinks it sends a wrong signal to the citizens that could have and would be in line or on a waiting list for a potential streetlight, but there are people who would not understand that six (6) particular lights, no matter where they are located, would be done with the moratorium open and a moratorium closed and without anything being brought up except "let's don't advertise this because we will have 25 more." He stated he does not think that is the kind of situation that the citizens have come to expect from this Board. Accordingly, he advised it is his request and he does not know if there is any further discussion on the Board that they do not open up this moratorium; it is not broken and was done for a reason. He further added he also does not think it is fair for the Board to handle the situation with any Department Director arbitrarily whether it is $500 or $5,000. He just thinks the Board is sending the wrong message to our citizens and also to our Departments because this year the budget is worse by far than last year and the Board has not even gotten into it. He stated at this point staff needs to be tightening and sending a message out to our citizens. The issue is fairness and openness and transparency. It cannot possibly, in his mind as one Board member, have a moratorium opened, approve this six (6) and then shut it; it is so unfair and so wrong. He again stated he is asking for something to be openly and fairly considered. Supervisor Moore stated the Board is elected officials and they are elected and obligated to represent the citizens and if they call and have a request it is the Board's duty to make sure their concerns are met, especially if it is a public safety issue. She advised she received a call on December 12, 2011, from a citizen in the Cave Spring district asking about a streetlight. She had some pretty significant public safety 36 January 24, 2012 issues on her street. Supervisor Moore then stated she called Roanoke County immediately and asked about a streetlight. She was told there was a moratorium on streetlights and she requested to the County Administrator that the Board hold a work session to address streetlights so that every Board member in every district could talk about whether streetlights could be put on certain streets. She was told it would be on the agenda, On the December 13, 2011 meeting when she did not see it on the agenda officially, she was told this was a budget item and would done during budget review. After the budget review, the streetlights were not mentioned and on the back of the budget review was the information, but it was never gone over. She reiterated she asked at the December 13, 2011, meeting if she could discuss, just two minutes, to discuss the importance of these streetlights. She was denied the request, although in all fairness, the Board was running behind and had to get to their next session. Ms. Moore advised she assumed that this would be attached to the January 10, 2012, meeting; the information was not attached and she again asked if she could discuss streetlights. She was told at that time by the County Administrator this is a budget issue, this is a staff decision and this is not a Board action. At this time, the Board then discussed it, these seven (7) streetlights that had already met the criteria, the poles were already there, AEP would not charge anything for the installation and out of public safety for these seven (7) citizens that had already met the criteria a consensus was reached that it would be fair to lift the moratorium to add these streetlights. She stated she does think that the Board should have this discussion with every district, which is why she requested that it be on the agenda and to say that no discussion about budget was mentioned is wrong because Supervisor Church was not there to hear it. This is what she was told not once, but twice. She does agree that the Board has protocol and she is not trying to cause any dissention amongst the Board, but it is the Board's obligation to represent its citizens and she feels the Board should leave it as is with the seven (7) streetlights and then request another work session to see if the Board could talk about other areas in the County and what their issues are. Supervisor Elswick stated he is already beginning to get requests for streetlights. People understood that the County was going to install them. Where he lives, most people do it on their own and they pay the $5.00 a month themselves. If that is all it is, it is not very expensive. He stated he thinks whatever the County's policy is on streetlights ought to be the same throughout the County. Supervisor Altizer stated if the Board needs to have a discussion on the streetlights, he thinks it is a worthy discussion. It is a budget item. He stated he would like to go back and answer the part about appropriation. He was the one in work session that told Mr. Mahoney, "Why do we need to do an appropriation" because we were going to do an intra- transfer of funds, which happens all the time. It happens on library projects, different construction projects. An appropriation is not done on everything, this was not an expenditure of funds and what happened in that meeting that night was they asked for one streetlight because of extenuating circumstances and Chairman Flora made the suggestion that if the Board is going to consider this, then the Board will consider all that is on the list. There was no discussion, with regard to the January 24, 2012 37 Vinton magisterial district; he did not know where they were until later when the Clerk advised they were in the Vinton District. It was really a discussion over one and then the discussion went to if you do for one you do for all; no matter what district it is in. Supervisor Altizer stated he thinks the Board does these things to help our citizens and a lot of the work is voted on in work session. He added that to insinuate anything was inappropriate; he would have to say that absolutely was not the case. Supervisor Church commented he had two clarifications. First, to Supervisor Altizer he was not saying this was inappropriate; he was only talking to Mr. Mahoney only to ask when the Board makes appropriations a lot of times we will hear a request. There was nothing inappropriate done in his opinion, except he thinks the opening and closing of the moratorium in work session is his only sticking point as he does not think that is the appropriate place. A streetlight may not seem too important to you, but trust me, we have had some street fights over requests in his area. It is a highly volatile issue sometimes depending upon where the request is. In his opinion the Board should not open a moratorium and close it. Secondly, with all due respect to Ms. Moore, she was not denied a time to hear this at our December 13, 2011, meeting. The Board was walking out of the room. There was no denial by anyone in our December 13, 2011, meeting, there was just not enough time and asked Mr. Goodman to verify. Mr. Goodman advised the Board was under time pressure issue. Supervisor Church stated his request is to do the same for everybody. He does not think the Board is doing the right thing by opening a moratorium and closing it; that is bad news period in his opinion. The Board needs to be open and totally open. He reiterated he is not accusing anybody of inappropriateness, just the fact that it does not show an open and transparent decision or consensus making when the Board opens and close a moratorium. Chairman Flora inquired how did this moratorium come to be; did this Board actually vote to put on the moratorium. Mr. Goodman explained the Board did not vote on it, it was implemented by Staff because of budgetary concerns. Supervisor Flora reiterated so the Board has never voted to institute a moratorium with Mr. Goodman responding in the affirmative. Chairman Flora then asked Mr. Mahoney that Mr. Church has asked a question about whether or not any actions have been taken on this; is it because it is only on there for discussion. Mr. Mahoney responded there are several issues. Mr. Mahoney stated he had viewed this matter since the Board had never voted one way or the other on this. The Board gives direction to staff on a whole variety of issues. Many times the Board gives staff direction in work session and the staff goes out and does it. As an administrative matter, he thinks this is something that is within this department in terms of handling these kinds of projects. Many years ago, the Board had agreed to establish some neutral engineering, public safety criteria to determine whether or not a streetlight would be installed and paid for the County or not; which has been ongoing for a long period of time. He stated he never saw this as requiring a vote by the Board but rather he saw it as the Board giving direction to staff in order to implement existing policy. The Board has appropriated funds to the general fund and within the general fund each department is obligated to fulfill the direction of 38 January 24, 2012 the Board whether through County Code or County policy. He advised he is sure if you look at Mr. Covey's budget, there are numerous stormwater projects and the Board has a very lengthy list of stormwater projects; not all of those are funded, but as funding comes along those different projects move up the list and those projects are constructed or resolved. He states this is the same, if it is the Board's direction to reallocate funds within an existing budget that is what staff does. If it is the Board's pleasure to vote on it, there are many instances where staff takes the lead from the Board's discussion where many times a vote is not necessary. Chairman Flora stated his understanding is the status is at the work session, the Board may by consensus say go ahead with the ones approved and that has been set into motion. Mr. Mahoney responded in the affirmative and as he understood from the discussion at the last meeting, the applications that were pending all satisfied the mutual public safety and engineering criteria; to that extent they were only not funded because funds allocated to that project had run out and asked Mr. Covey to confirm. Mr. Covey advised staff evaluated those and seven (7) out of the list were approved and are currently on hold until the Board advises them to move forward. Additionally, there was one more that came in that was evaluated that qualified as well. Supervisor Church stated that is why the agenda item is for discussion. He fully understood that staff does makes these decisions, but he was only talking about the moratorium being lifted and being closed. He stated he thought that should be in the public view and that was his entire reason for asking for this. Chairman Flora stated his reason for asking questions is just for clarification because he thinks there may have been a perception out there that this Board actually initiated the moratorium two years ago and then took it off in work session; that is not the case. He stated he fully understands the issue of fairness and he does agree with it, but what he would suggest is that the Board does need a work session on this very item and suggested that due to the fairly brief agenda this afternoon, and there is only one item on the work session before the 7:00 p.m. meeting. Does the Board want to discuss this item this evening in work session so the Board can move ahead with this? Chairman Flora stated he was not talking about making a decision; it needs to be discussed how staff moves ahead with the seven (7) already approved, do we want to leave it open for a while and allow people to make applications and let the staff analyze it and then revisit in thirty days? Chairman Flora stated this item would be moved to the work session. He stated he did not remember the Board opening and closing it quite that abruptly, but the Board can discuss that more at work session. Supervisor Church reiterated it was. Chairman Flora stated at least that is someone's perception. Supervisor Church responded the room is audio recorded, and is not a perception it is a fact. It was opened and then closed because "if we make it public, there will be twenty -five (25) more." Chairman Flora stated it was how you remember the discussion as to whether or not you think it was opened and closed. January 24, 2012 39 IN RE: APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeal s)(appointed at large) At the request of the Board, Mr. Fields has been contacted to see if he is willing to serve an additional term. Mr. Fields has expressed his willingness to serve an additional term, which will expire on January 24, 2016. Confirmation has been placed on the Consent Agenda. 2. Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) Supervisor Moore has recommended the reappointment of Gene Marrano to represent the Cave Spring District for an additional three -year term. Mr. Marrano's term will expire on August 31, 2015. Confirmation has been placed on the Consent Agenda. IN RE: CONSENT AGENDA RESOLUTION 012412 -3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H - 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 January 24, 2012, designated as Item H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Confirmation of appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals); Ninth District Development Financing, Inc.; Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR); Roanoke County Planning Commission 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Jane D. Olsen, Library Assistant, upon her retirement after more than twenty -one (21) years of service On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora 40 January 24, 2012 NAYS: None A- 012412 -3.a RESOLUTION 012412 -3.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JANE D. OLSEN, LIBRARY SERVICES, UPON HER RETIREMENT AFTER TWENTY -ONE (21) YEARS OF SERVICE WHEREAS, Jane D. Olsen was first employed by Roanoke County on September 17, 1990, by Library Services; and WHEREAS, Ms. Olsen retired from Roanoke County on December 31, 2011, as Library Assistant in Technical Services, after twenty -one years and three months of service; and WHEREAS, Ms. Olsen was first a member of the Children's Services staff, providing story times, special programs and literacy activities for the children at the Hollins and Glenvar libraries; and WHEREAS, she opened the world of reading and imagination to children who came to the library for story times; and WHEREAS, Ms. Olsen later transferred to Technical Services, where she assumed responsibility for receiving and processing all new items purchased for the library system; and WHEREAS, during her tenure in Technical Services, Ms.Olsen promptly and efficiently processed hundreds of thousands of books and other materials, making them readily available to library patrons throughout the valley; and WHEREAS, Ms. Olsen also continuously sought to improve processes in her department, resulting in greater efficiencies and appreciable cost savings; and WHEREAS, Ms. Olsen has been a treasured colleague and valued friend and, WHEREAS, through her employment with Roanoke County, Ms. Olsen has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JANE D. OLSEN for twenty -one (21) years of capable, loyal and 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, Church, Elswick, Flora NAYS: None January 24, 2012 41 IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Chairman Flora asked the speakers signed up to speak at this session and again at this evening's session limit their comments to one or the other. The following citizens spoke: Mr. Noah Tickle of 1603 Frost lane in Salem stated the plot of the United Nations Socialist Agenda 21, ICLEI, The International Council of Local Environmental Initiatives has now been brought out into the light of day for all to see. Our County bought into this many years ago and has been paying them to implement their Trojan horse of deceit. Under the guise of "Socialist- minded Climate research" and preaching that, "food crops loving Co2" is bad. They claim to stand at a crossroads. That means they now believe they have us deceived. This means that a lot of these research scientists are standing at the crossroads, holding out paper bags like trick -or- treaters on Halloween night, standing in line for taxpayer money to fill 'em up. Not only that but they lay the ground work for Big Government to take your real estate and force "We The People" into tightly quartered Urban Development Areas. These specialists in shakedown "science," who speak only in fuzzy language and math, Chicken Little /the sky is falling are pecking out the weather these days is the worst in history, or at least in memory, or maybe a decade, and say they could -auh /would -auh have found useful links between disasters and global- warming science by now if only they could shake down tightwad taxpayers for a few more millions. This is real serious deception, folks; ICLEI must go and he is serious. Their fuzzy language claims that man has never been so badly abused by the weather, and that man himself has asked for it with his wild and wicked ways abusing nature. The facts are not that, the "weather" has been wild and wicked for many millennia before this one, when there were not nearly so many of us stalking the planet for opportunities to make mischief. Folks this is the "Trojan Horse" of ICLEI deceit. Anyone can see this is unbelievable nonsense, ICLEI must go. Mr. Ernie Ragland of 555 North Dry Well Road in Natural Bridge Virginia stated he would like to briefly mention his letter provided to the Board, which is an update to his prior letter when he met here on January 20, 2012, bringing forward to the notable bills coming up in the Virginia General Assembly. One of the things he has learned since his statement there is another bill, House Bill 5 on the proposed constitutional amendment dealing with eminent domain and redefining it for public use only. It will be on the ballot in November if this General Assembly approves it. Another is House Bill 92 relating to Urban Development areas and he is only going to mention that there are other bills, House Bills 729, 794 869 and two Senate Bill, Senate bills 274 and 291 and the public is welcome to read those and he has provided the detail transcripts of the bills, most of those which will make Urban Development Areas optional and thinks the General Assembly will approve this in this session. Mr. Bill Gregory deferred his comments until the 7:00 p.m. session. Mr. Max Beyer of 2402 Coachman Drive in Roanoke stated he would like to respond to the County Administrator comments as contained in the extended agenda, which were made in support of continuing membership in ICLEI. This is what he will be 42 January 24, 2012 giving you tonight. Number one, the dues for the calendar year 2012 for membership have already been paid. He would like to know when this occurred. If occurred within the past two months, why was this done during the period that the staff knew that many citizens were objecting to that action. Was this action taken with the knowledge and approval of the Board? Number two, the thrust of the staff review insinuates that the County's support of environmental stewardship is contingent upon membership in ICLEI. If the County is not associated with ICLEI, the County is somehow not environmentally friendly, which in his opinion is patently false. Responsible environmental actions can and have been taken by the County without regard to any ICLEI sponsored procedures, policies and jargon. The County can do this job without ICLEI. Third, the progress and success provided by the staff recounted the County's accomplishments during the past twelve (12) years cannot be attributed to ICLEI. These were and can be continued to be done without association with ICLEI or RCCLEAR. Fourth, exclusive use of ICLEI software is not essential to prudent managing of the County's environmental program. There are many other less intrusive resources available for managing the County's environmental programs. Fifth, participation in ICLEI's programs and policies and jargon is voluntary, however, non - participation today in a given area does not preclude the County from expanded participation to more controversial areas. This is especially true since the staff is a strong advocate for ICLEI and its tools and can be expected to recommend additions often to the Board. Sixth, by its own admission, the staff advocates membership as a symbol of the County's commitment to environmental stewardship. This is irrespective of the actual and potential damage and cost the membership implies. In conclusion, membership in ICLEI is a staff - sponsored action which is solely for the benefit of the staff and it is not in the best interest of the County citizens. Instead, he would challenge the Board to provide a positive recognition instead of private property rights and free enterprise by withdrawing from ICLEI USA. IN RE: REPORTS Supervisor Church moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency January 24, 2012 43 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of December 31, 2011 5. Report of Claims Activity for the Self- Insurance Program 6. Statement of Budgeted and Actual Revenues as of December 31, 2011 7. Statement of Budgeted and Actual Expenditures and Encumbrances as of December 31, 2011 8. Accounts Paid — December 2011 9. Quarterly Report — Community Development Activities IN RE: WORK SESSIONS 1. Work session to discuss fiscal year 2012 -2013 budget development (B. Clayton Goodman III, County Administrator; W. Brent Robertson, Director of Management and Budget) The work session was held from 4:39 p.m. until 5:03 p.m. Mr. Robertson reviewed the worksheets provided to the Board in the agenda information. Supervisor Church inquired as to the status of the school side. Mr. Goodman responded there would be a joint meeting on February 1, 2012, and are currently pulling information together to present to the School Board meeting on January 26, 2012. He advised VRS would be the largest impact item. Supervisor Elswick advised the year -to -date expenditures were at forty - five percent (45 %) and does staff expect to see the same for the second half of the year. Mr. Robertson advised some of these were seasonal expenditures. He indicated the County was at the same place last year, but does not expect to see a ten percent (10 %) savings. Mr. Goodman indicated he thought there might be some issues on fuel; there is $200,000 in fuel contingency. Supervisor Church asked if the fuel contingency fund was $200,000 or $300,000 with Mr. Goodman responding $200, 000 and stating this has not yet been spent. Supervisor Church then inquired of Rebecca Owens, Director of Finance what the status was with regard to health care with Ms. Owens responding they will have a renewal rate by the end of January and will provide a fairly detailed presentation at the February 1 St joint meeting. 44 January 24, 2012 Mr. Robertson then advised each department is working on their individual budgets and he should have by the end of the week. He also stated staff is looking at a slightly better outlook than a month ago on the revenue side. Supervisor Church asked Mr. Goodman what operation costs are being reviewed. Mr. Goodman responded it is going to be hard to do with no layoffs and no reduction in services. He advised overall it is going to be a challenging budget year and anticipates greater and more work sessions with the Board. He also advised that he feels employees have done a good job over the last few years and is seeking a salary increase as he feels the Board needs to recognize what the employees have done. Supervisor Altizer stated he would like to request a work session at the second meeting in February to have staff provide all surplus properties, land and lots. 2. Work session to discuss the moratorium on streetlights (B. Clayton Goodman III, County Administrator) The work session was held from 5:03 p.m. until 5:23 p.m. Mr. Arnold Covey, Director of Community Services, provided the Board members with the same information from the December 13, 2011 meeting, plus one more request. Supervisor Altizer asked if the turnaround time was approximately one week with Mr. Covey stating it depends because they could get hung up with the Police Department. He advised that one person, Brian Epperly, has been assigned to work on these directly with AEP. Chairman Flora inquired if the policy needs to be reviewed. Mr. Covey responded he thought they should go ahead with the current policy on the existing requests and then review again at a later time Supervisor Elswick advised he did not realize that other people would want lights and advocated opening it up for a month. Supervisor Church indicated if the moratorium is lifted and are approved they need to be done, however, what if they need a pole, what is the cost with Mr. Covey responding $2,500 to $3,500. Supervisor Elswick suggested if a pole is needed, then the request should not be completed. Supervisor Altizer asked prior to the moratorium what the average street light addition cost per year with Mr. Covey advising he did not have that information. Supervisor Altizer then asked how long the County has been doing streetlights with Mr. Covey responding since 1986, however, there is no County ordinance or regulation that stated the County is responsible for street lights, but has been doing these based on the criteria of motorist safety. Supervisor Altizer then asked how many were on the County books with Mr. Covey responding 1,495. Supervisor Altizer then asked the annual cost with Mr. Covey responding $128,000. Supervisor Church stated he believes a month is too short a period of time for a trial and would suggest a trial for ninety days. Supervisor Altizer asked if the citizens have been told these streetlights January 24, 2012 45 have been approved with Mr. Covey responding in the affirmative. Supervisor Altizer stated if these citizens have already been notified, then it should be done. He suggested putting another $500 out of Board Contingency Fund to cover until the budget process has been completed. Mr. Covey suggested they do the evaluation process and then pay for wherever the electricity is paid stating the electric bill is always going to get paid. Supervisor Church stated he agrees. Supervisor Altizer stated he thinks that staff should go forward on the ones where the poles are already in place and take the funds out of the contingency fund. Supervisor Church stated he believes they should open the moratorium for ninety days and see what comes in. Supervisor Elswick suggested the citizen pay for the pole themselves. Chairman Flora stated the Board opened the door and in all fairness if comes in within the next ninety (90) days and meets the criteria he feels it should be installed. It was the consensus of the Board to open the moratorium on streetlights for ninety (90) days and if they meet the criteria, they will be installed and the Board will decide at that point how best to move forward. At 7:00 p.m., Chairman Flora moved to return to open session. Chairman Flora then moved the agenda items for the Glenvar Community Plan and the Stormwater ordinance ahead of the discussion on ICLEI due to the number of citizens signed up to speak. There were no objections. IN RE: PUBLIC HEARINGS AND ADOPTION OF RESOLUTION 1. Public hearing and resolution to amend the Roanoke County Comprehensive Plan to include the Glenvar Community Plan (Amanda Micklow, Planner II) Amanda Micklow outlined the resolution to amend the comp plan to include the Glenvar Community Plan. Several focus group members were in the audience as acknowledged by Amanda. Supervisor Church asked the focus group members to stand and be recognized. Chairman Flora explained that this plan was discussed in length at a work session held at the January 10, 2012 meeting and that was why there were no questions at this meeting. RESOLUTION 012412 -4 APPROVING AND ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR ROANOKE COUNTY, VIRGINIA, INCORPORATING THE GLENVAR COMMUNITY PLAN 46 January 24, 2012 WHEREAS, on November 14, 2011, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan incorporating the Glenvar Community Plan, after advertisement and notice as required by Section 15.2 -2204 of the Code of Virginia; and WHEREAS, on January 24, 2012, the Board of Supervisors held a public hearing on an amendment to the Comprehensive Plan incorporating the Glenvar Community Plan, after advertisement and notice as required by Section 15.2 -2204 of the Code of Virginia; and WHEREAS, Roanoke County, Virginia, has a long and successful history of community planning that has emphasized citizen involvement and participation; and WHEREAS, Section 15.2 -2223 of the Code of Virginia requires that the Planning Commission of every jurisdiction shall prepare and recommend a comprehensive plan for the physical development of their jurisdiction; and WHEREAS, the Planning Commission has reviewed and recommended an amendment to the Comprehensive Plan for Roanoke County entitled "Glenvar Community Plan" and said plan has been prepared in accordance with Sections 15.2- 2223, 2224, and 2229 of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Comprehensive Plan is hereby amended by the adoption of the Glenvar Community Plan, with the recommended "housekeeping changes" to the Future Land Use Map as well as the Land Use Map changes for West Main Street and the Dixie Caverns area as recommended by the Glenvar Focus Group and Planning Commission. 2. That this Resolution is effective from and after its adoption. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance amending Section 23 -3.4. "Stormwater management facility maintenance agreements" of Chapter 23. "Stormwater Management" of the Roanoke County Code (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the ordinance which included additional obligations with respect to stormwater management facilities. He explained after the first reading, staff met with the Homebuilders Association. The Homebuilders Association prepared a response which essentially stated basically to continue to do what has been done in the January 24, 2012 47 past, but add an additional County inspection. He advised that staff feels this will not solve the problem. Staff has met with all of the various citizen and homeowners associations for each district with the exception of Catawba, which will be held next Monday. Supervisor Elswick inquired if the bond would apply only to new developments or could it also be retroactive to the developments that have been started, but not completed. Mr. Mahoney responded in the negative stating he believes if the Board adopts this ordinance amendment, it can only be applied to new developments that come in for approval. The following citizens spoke: Mr. Peter Fields of 6416 North Barrens Road in Roanoke stated he has been building and developing in the County for approximately ten (10) years and has probably done seven (7) or eight (8) developments, all of which have stormwater ponds. He stated he remembered selling real estate in the 1970s; a contract was one page. A person went to closing, signed their name three or four times and you bought a house. Today, there are ten pages of contract documents to sign to buy a house, you go to an attorney's office to close, he has a stack of papers that would choke a horse that you have to sign, 150 times. Parts of those documents are the Homeowners Association Packet (HOA) that includes the Bylaws, Covenants and Restrictions. They also include a budget and that budget is designed to show what the liabilities of the Association are as well as the dues structure that is going to collect the money that is going to support those responsibilities. The Homeowners Association also has to be formed as a corporation, have a tax identification number; it has to have a checking account in order to collect those dues. So from the time the very first lot is sold, that Homeowners Association is in place. The Homeowners Association has the responsibility at that time of maintaining these detention ponds. The developer maintains a fifty -one percent (51 %) voting interest to protect their interest in the subdivision so that the Association, whether is being managed by the developer or by a Board of Directors cannot adopt laws that would adversely effect the developer's ability to sell lots, or build houses in his communities. If the Homeowner's Association is fully formed at the time the first lot is developed and it is collecting dues, it should have assets. If there is any failure on the part of the developer, it would be underestimating what the value of the expenses are and therefore underestimating what the dues structure should be and he thinks that is something that leads to assessments on the homeowners which can happen from time to time. Hopefully for our business, we try to prepare those budgets so they accurately reflect what the liabilities and responsibilities are going to be. Mr. Mahoney also intimated that the Homebuilders Association asked for inspections, which is not the case. The County has adopted an inspection procedure to inspect ponds biannually and by doing so, we feel that the likelihood of having continued maintenance problems with ponds is going to be drastically reduced because every two (2) years you are going to get a letter from the County saying your pond is deficient in these areas or it is not. In a two (2) year period, he thinks it is difficult to think that a detention pond could be drastically out of whack where more than a few hundred dollars would not correct the 48 January 24, 2012 problems. He stated he knows the problems that Mr. Mahoney is referring to are from ponds that have not been maintained for ten, fifteen, twenty years and just as he has stated, the current regulations are driving the need to be looking after these ponds a little more proactively than in the past. It is still not something that we can correct with an ordinance going forward. We cannot correct what has happened in the past with an ordinance going forward, but we strongly feel that the two (2) year biannual inspection of ponds is going to mitigate some of the more extreme defective ponds and the expense to correct them. Supervisor Church stated he is a believer that communication in this process is inadequate. He is not trying to say it is from the developer or from the homeowner, but somewhere along the line he believes over fifty percent (50 %) of these problems could be hopefully mitigated or eliminated. His initial suggestion would be to devise a process at the attorney's office to pull this out the necessary information, tag it, highlight it, emphasis it, have the new homeowner sign it acknowledging they have read it or looked at it because there is a problem. He indicated when talking about stormwater management detention ponds, some contain trees four feet thick. He stated he hopes some are as Mr. Fields stated and three or four hundred dollars could clear it out, maybe a group of neighbors can do this, but too many times the process has failed. Supervisor Church then asked Mr. Fields what suggestions would he have as a developer regarding HOAs and citizens who find out ten years after they have been in a subdivision. Mr. Fields responded to Supervisor Church by stating ten years ago, detention ponds were not given a second look, it was something that was "over there" that nobody ever paid any attention to because nobody had to. Roanoke County was not doing any inspections. It would be hard for him as a developer to go to his homeowners and say, "well we have to maintain this pond, mow it, trim the trees out of it and they are sitting there stating, "Who cares about that pond, the water is still going through it like it is supposed to." So, it is very difficult for him as a developer to be spending their money, which it is their money, because the Homeowners Association already exists and is collecting dues and is already an entity that has the responsibility of maintaining that pond. He cannot speak to what has happened fifteen to twenty years ago and if you have a four -foot tree in the pond then that pond was constructed at least twenty years ago. Supervisor Church stated it was just an illustration. Mr. Fields stated some of the ponds that have the most problems are the ones that were done the longest time ago and they have not been inspected until the past couple of years. It has only been in the past couple of years that the County has been doing any detention pond inspections. He stated the developers support these inspections; think they are great. He would love it if he is still managing the Association, which he does for the first few years until they get a large enough group of homeowners to elect a Board of Directors among them to then take over the day to day operations. If he is managing this Association and gets a letter from Roanoke County that says you need to do the following things to your pond, the Homeowners have really very little January 24, 2012 49 argument with me about whether he is foolishly spending their money to maintain a pond that nobody cares about. Supervisor Church stated his point is we need to educate our homeowners early in the process. Mr. Fields stated he had suggested the County attending some of the Association meetings. Usually there is an annual meeting of the Association and would hate to have the County come to a meeting if there is only three (3) homeowners, but at some point there is going be enough homeowners there to make a difference and usually that is once. For instance, as a developer he can say we have enough people and we want a Board of Directors that is made up of the homeowners but can now manage the association. That does not mean he has relinquished his voting authority so he could be "in control" of the Association, but this does not mean he is managing the Association. Supervisor Elswick stated his question is for Mr. Mahoney or Mr. Goodman. It sounds like we have a good ordinance going forward, but if ten (10) years ago there was a pond there and the Association knew about it, knew they had the responsibility for the pond why did Roanoke County not inspect it. Has it been ten (10) years not being inspected or is it a new requirement from the Federal government? How come it was not inspected and the Association notified ten (10) years ago. Mr. Goodman stated the County did not put the funds into hiring the inspectors, etc. until approximately three (3) years ago, when they became more aware of the need to do these types of inspections. It was late and a better job could have been done and are now attempting to catch up trying to be prepared for the new stormwater regulations that will be coming in 2014. Supervisor Altizer commented the Board cannot do anything about the past, but the past is an indicator of the future as some percentage. He stated he had been involved because of three subdivisions, took ten years to develop and he knows the problems and he knows when everything works perfectly and it does work perfectly for the ninety percent (90 %) of the people that build homes. His concern and his suggestions are for instances with HOA's with a pond and no money, the developer underestimated and there was no formidable process of notifying the homeowners. He advised he and Roanoke County do not want to impose more imposition on developers, but there is a certain amount of protection that is necessary with the HOA's not being treated right. He stated he thinks it is a low percentage, but it does happen. In talking with Mr. Mahoney and Mr. Covey, he would like to suggest the Board put off a decision on this until the next meeting to enable staff to go back to the homebuilders. Some of things he would like to see in the ordinance is in reference to the meeting that would go on with an HOA, would not be a regular meeting of the HOA, but a meeting with the HOA and the developers and somebody from Roanoke County staff when the developer is prepared to turn that pond over, just so the County can reiterate, you have all the information and from this day forward you take over this pond and eliminates all the discussion of whomever read their HOA packets, who did not understand what they were buying. It is good for the developer that the County is involved and going out and 50 January 24, 2012 making the HOA aware and it is coming from the County and not the developer of what they are going to have to do and what they are responsible for. He indicated we should have something like that in the ordinance that we would have notifications, i.e. ten (10) business days prior to that meeting between the developer. In lieu of a bond, Supervisor Altizer stated he believes Roanoke County has to have some security, because some developer is not going to do what ninety to ninety -five percent (90 to 95 %) of the other developers do. He cited an experience he had with Fallen Creek whereby he asked for a personal guarantee, with no money upfront, no money to pay with the understanding if the pond is not maintained, either personally or through your company they would need to pay for it. He stated he is trying to provide options and not to affect added costs to homes in this Valley or artificially raising them, anytime the County raises a price to developers, they are artificially inflating the price of new houses and when staff does an assessment, part of the assessment is based on what the cost of new housing is. He asked Mr. Fields to consider these things or bring up other things that they believe would be a way the County can protect its citizens; the developers can protect themselves and come up with a way the developers will not have to outlay more money. He stated he believes this Board wants to work with the developers, he just offers this as a suggestion as some language and to go back and talk to the developers again and bring it back at the first meeting in February. Chairman Flora asked Mr. Mahoney if there was a way that a person can give their own personal guarantee and the County is covered. Mr. Mahoney responded he thinks it would be an alternative form of security. Staff implemented a similar approach in the Wolf Creek situation with a personal guarantee coupled with a corporate guarantee. He advised he has never had to pursue or collect on that personal guarantee because the developers did fulfill their responsibilities and obligation to maintain that pond so that it met all standards. He stated Supervisor Altizer is suggesting just a different form of security and he thinks with a personal or individual signoff by the developer it gives us one more avenue for enforcement. In any situation, parties can bankrupt out but there is always that risk. Supervisor Altizer moved to table this item until February 28, 2012, and include the items discussed in the ordinance and anything else that staff or the developers may come up with. All supervisors voted in agreement. Chairman Flora stated he wanted to make sure that the Board is not putting a great deal of burden on the County because right now there is not a lot of development going on and there is time for staff to be out doing a lot inspections. When the economy picks back up, he does not want to hear us say that five or six people need to be hired to do these inspections. When looking at this ordinance, just make sure you do not overburden the staff. This should be an issue when they sign the documents, it should be a done deal. IN RE: NEW BUSINESS 1. Discussion of membership in ICLEI — Local Governments for January 24, 2012 51 Sustainability (Anne Marie Green, Director of General Services) The following citizens spoke. Bill Gregory of 3312 Pamlico Drive, Roanoke, Virginia stated he has been a County resident for nineteen (19) years. He stated Supervisor Moore was interviewed by Dan Casey, as part of his January 8 Roanoke Times Articles titled Tea party steaming as before on ICLEI. One sentence in the article attempted to get to the crux of why the County is a member of ICLEI. Mr. Casey quotes "ICLEI provides the County with energy and pollution- auditing software that Moore estimated would cost tax payers' $30,000 if the County bought its own." He stated he is speaking as a concerned County resident today and is in no way speaking on behalf of the company he works for on this matter. He advised he is a mechanical engineer and performs building energy analysis for the past twenty (20) years for facilities across the County as part of my job description. Residential, commercial and governmental buildings in the County likely represent the largest chunk of energy usage within the County. He asked to focus on that one particular large aspect of the County's total energy use. If Roanoke County wants to perform energy analysis of their County -owned buildings and facilities or any buildings in the County, or it could purchase building energy analysis software from Trane, Carrier or the like and have Dr. McGinnis and RVCCC partner with the County or somebody to perform the building energy analysis and life- cycle, cost analysis on various buildings. The results from these readily available energy analysis programs from Trane, Carrier, or the like can also led to energy analysis, recommendations about how county governments, businesses and homeowners can save money on energy for their buildings. The Trane Building Energy Analysis software called Trace 700 can be purchased from Trane for $2,000 for a single site license; the Trane Trade 700 Building Energy Analysis Program has been validated by thousands of consulting engineers across the country. Trane and Carrier are building energy analysis software is constantly improving in real time as they work out bugs revealed by both themselves and the customers. They have full -time staff purely devoted to working out these issues with these programs. How does ICLEI software compare to that level of validation and bug resolution? He stated he understands the County believes it needs the pollution auditing portion of this ICLEI software to audit the County's emissions to determine if the County is on track to meet the three percent (3 %) reduction per year. That portion of the ICLEI software is totally unnecessary. The amount of CO2 the County emits is a miniscule fraction of a percent of the global, manmade and naturally occurring CO2 emissions. This amount should not warrant the effort to audit the County's CO2 emissions so why is Roanoke County so adamantly concerned about its contribution manmade CO2 emissions when it is such a negligible contribution when compared to all sources of CO2 emissions. Brian Lang of 6752 Quail Place, Roanoke, Virginia stated he has been a County resident for nearly twenty (20) years. Mr. Lang stated it is his understanding that Roanoke County only spends about $1,200 per year on its ICLEI membership and as a fraction of the County budget it is so miniscule that he does not think the price of it 52 January 24, 2012 actually is a consideration here. It is really what does it symbolize and what does the County get out of it. He advised we have all heard a lot of hysterical, overreactions that the United Nations are trying to take over Roanoke County through ICLEI and he would like to point out some of the non - controversial things the United Nations have done that ICLEI should be viewed in the same light. For example, many decades ago Americans were terrified of contracting polio and the United Nations participated in a world -wide vaccine program which has nearly eradicated polio. We do not even worry about polio anymore and he does not think there is a single person who would say that is part of a United Nations conspiracy to take over the United States; and the same thing goes with ICLEI. It is independent of the United Nations; they support it. It does a lot of good things, helping people save energy which just like the polio eradication programs of decades ago will provide benefits for many, many decades, many generations to come. So, he urged the Board to resist the pressure from the "fringe element" who would mischaracterize membership as participating in a United Nations conspiracy and make a more mature decision based on looking at things that are going to impact Roanoke County citizens for those many generations to come. Maintain that ICLEI membership and make the most of it. Adam Cohen of 5104 Bernard Drive in Roanoke, Virginia 24018 asked if he could take sixty (60) seconds and give the Board a suggestion for stormwater. For thirty years, he has been building in this County and 25 to 20 years ago he remembers sitting at a job site with Marcus Brown and Will Simpson looking at a stormwater pond, which had just been inspected during construction and saying as much as we inspect these things as soon as they get turned over to the homeowners it does not matter because everybody ignores them. It was clear as day, this is not a surprise. Engineering, everybody knew this who was in the community knew this was coming. So, as much similar to that situation, we all know what is coming down the road for our children and our grandchildren as far as climate change. ICLEI membership is symbolic. Roanoke County is not going to cut 15% of their carbon emissions in five (5) years. He stated he is on Roanoke City's committee and they have committed to ten percent (10 %) and they are not going to do that. It is pie in the sky to think that you can go that with no budget and no policies and no carrots or sticks. So, the thing that Roanoke County is doing by being in ICLEI is just a statement saying that Roanoke County has some concerns about our future and about our children's future. The reality is it is not going to get done, 15 percent (15 %) in five (5) years, the Board has committed to something you cannot do because there are no teeth behind it and it takes a lot more than that. The gentleman was correct, two percent (2 %) of Roanoke County is County buildings; you can get rid of it because it is not going to make that much of a difference, and it is not going to happen. So, maintain the membership with ICLEI if it cost $1,200, it is worth it and what you have said is we do care about our children, we have not put any money behind it. There is no money to put behind it. So, maybe it is just symbolic, but I am glad it is there. As far as his suggestion, what is coming down the road as a member of Clean Valley Council, stormwater is very, very important. What is coming down the road with us is not the quantity issue that we got for ignoring January 24, 2012 53 ten, 15, 20 years old ponds, it's quality issues where we have installed these filters that require maintenance every year and they are taking transported solids and chemicals out of stormwater, but what we need to do is have the certifying engineers on a yearly basis go back and make sure that those filters have been cleaned and disposed of properly, that they have been disposed of in a way that is not going harm the environment because I can just pull the filter out and wash it out, what have I done, have taken a year's worth of chemicals and washed it down the storm sewer. That is not exactly right. So, we could not cost the County a cent, set up a data base and on a yearly basis whether it is a commercial owner or a homeowners association, make the engineer who designed the system certify that it has been done correctly, it will not cost the County a cent and it will be real easy to put in the upfront agreements and we can make sure the stuff is disposed of, disposed of correctly and the filters are maintained and cleaned because right now there are filters that are over a year old just sitting there and nobody is paying any attention to them. Robert Crawford of 6620 Shingle Ridge Road in Roanoke County stated a small organized group in our area vociferously opposes the ICLEI organization and Roanoke County's ongoing association with it, despite the County's reports that the association is highly beneficial to the county. ICLEI, the full name of which includes the subtitle 'Local Governments for Sustainability' provides members a variety of assistance and support to help them achieve sustainability in resource use. That support includes guidebooks, training, software and peer networking across the country and farther, all of which ICLEI members may use with no constraining conditions. What drives the opposition, one finds in browsing their website, is a generalized fear that putting resource use on a sustainable basis will result in loss of property rights. This opposition fits the template of generalized opposition to the practice of zoning regulation, though zoning itself is not prominent in their texts. The opposition group's fear of a loss or weakening of property rights is linked to ICLEI, since the promotion of sustainability is ICLEI's objective. As expressed in the opposition group's website, the focus of their opposition is on any effort on the part of a local or other governmental unit to seek sustainability or practice conservation or so- called green measures. A slogan of the group warns, "Beware the green menace." The United Nations, it turns out, is seen as part of the menace, since sustainability is, naturally, an important feature in various UN studies and initiatives addressing world problems. Referring to a dictionary, we find that sustainability, as related to natural resource use, is the maintenance of an ecological balance by avoiding depletion of natural resources. Fishermen and hunters have always known that, for example, if their habitat is not sustained, the fish or game populations will not be either. Similar examples from every field could be given: the trucker who does not keep his tires in serviceable condition, the pilot who does not maintain altitude, the musician who stops rehearsing. Unsustainability of any process means loss, stoppage, failure or death, depending on the process. For the benefit of present and future citizens, Roanoke County should continue its valuable association with ICLEI. Thank you. Janet Scheid of 1453 Wolf Creek Drive in Vinton, Virginia stated she is here this afternoon to speak in support of the County's participation in the local governments for 54 January 24, 2012 sustainability otherwise known as ICLEI. This is a worldwide organization dedicated to helping local governments generate public awareness of environmental and sustainability issues. ICLEI is also providing technical assistance to help us achieve our goals. When the Board voted in 2007 to become a member of ICLEI, the Board did so unanimously and with a commitment to help your citizens deal with skyrocketing energy costs. She stated she felt the need to speak to the Board today as an appointed representative to RCCLEAR the citizen group that was created by the Board to promote energy conservation and improve the valley's air quality. The path of RCCLEAR is to develop a local action plan to reduce emissions and long -term energy costs by developing strategies for improving energy efficiency and conservation. Despite what the earlier speaker said, the Roanoke Valley was close to non - attainment of the ozone standards set by the Environmental Protection Agency (EPA) which could have meant fines and expensive retrofits for gas stations and industries. There was also a growing prevalence of asthma and other breathing disorders here in the valley, which will be helped by improved air quality. RCCLEAR will utilize ICLEI software and technical assistance to measure our energy reduction and determine if we are meeting our goals. The Board has heard in what her opinion unwarranted claims about ICLEI. Claims that imply that it is some type of radical, maybe even subversive group. As an outcrop of ICLEI, RCCLEAR is a group of Roanoke County citizens who were appointed by the Board of Supervisors. They are volunteers who are willingly giving their time because they believe energy reduction and energy conservation are important goals for Roanoke County. The bottom line is that ICLEI and RCCLEAR are trying to save people money by teaching people how to save energy. Roanoke County needs to remain in ICLEI so that RCCLEAR can utilize their software and continue to be productive and Roanoke County needs to continue to be an environmental leader. Cher McCoy of 43 Passamaquoddy Trail in Lexington, Virginia in Rockbridge County stated Thank you for the opportunity to speak tonight on this important subject. ICLEI - the International Council for Local Environmental Initiatives. Roanoke became a member in 2007, which means you've agreed to their principals and rules. I understand why you would become a member. In 2007, "1" didn't know who ICLEI was nor had I had any understanding of UN Agenda 21 - both of which have the same goals. What they want to do should scare you. It does me. ICLEI is designed to start at the local level. Get you hooked and then Agenda 21 takes over at a higher level. It's simple. They offer you something small. It sounds good. Looks good on paper and in most instances it is something most of us would want to have. In return, however, they take something away. Something small, or is it? Your rights are being taken away. That's something no American should have to give up. ICLEI isn't a Democratic or Republican problem. ICLEI is an American problem and it starts with local government. As an example they will suggest you replace a current electrical meter with a "smart" meter. They will tell you all the great data that you'll get from this new meter. Such as, data that will be helpful in cutting your your electrical costs. Sounds good, right? What they don't tell you is their ultimate goal with these meters. Down the road they will use that data against January 24, 2012 55 you. One day you'll be drying a load of clothes and all of a sudden the dryer stops, long before the clothes are dry. To your horror you find that your "smart" meter turned it off. And when you ask why they tell you that it's because you've used too much electricity. The real job of the "smart" meter is to spy on you and control when you can and cannot use electrical appliances. Here's another example of what's coming to a neighborhood near you. Let's say you own a house in the county and have a well. One day, in the not so distant future, you will be told that although you own the property (and by the way, probably not for much longer) you don't own what is under the earth - the water. So, then you will be taxed for your use of the water. This is all before you no longer can own the property at all. They are working on how to take that away from you as we speak. These are only small examples of the goals connected to ICLEI and Agenda 21. They will continue to work on small issues with a give and take program they hope will appeal to everyone while building up to major issues like taking your land ultimately becoming global. They plan to legislate the regulation. Basically, your rights will be stripped one by one. You will be herded like cattle from your country home to be put in a "Cottage" community within the city limits where you will not need a car as you'll be within walking distance to all you needs. They will then take over all the rural land. They will decide how this land is to be used. There will be no lower, middle and upper class. Everyone will be equal — literally and financially as they will redistribute the wealth. The "haves will give to the have nots" and that is total control over our lives, folks; even to how many children you can have. She stated she knows this sounds like a Stephen King novel or a Sci -Fi movie, but this is real and it's happening now. If we don't stop ICLEI, we are heading down a path of destruction for America. It's a progressive movement done by those who are basically telling you that you cannot make these important decisions for yourself. REALLY!? All of you should be angry and insulted because ICLEI is insulting your intelligence as well as mine. They are saying we can't make important decisions regarding our lives and our community! Of course we can. We the People... elected all of you. The proper role of government is to protect equal rights — not provide equal things. Life and liberty are securely only so long as the right of property is secure. Mary McCallum of 4824 Wade Road in Roanoke, Virginia and had lived there for twenty -two (22) years. Ms. McCallum stated she has always been an environmentalist. She has always felt that God's creation is so amazing it must be protected. She has never been an environmental activist until lately. Suddenly she found in her 50's that people would actually stand in the way of doing the right thing. She was amazed at this sentiment. ICLEI stands for the "International Council for Local Environmental Initiatives ". From their website it is: "A movement driving positive change on a global scale through programs and campaigns on local sustainability. A resource center offering information, tools, networking, training and consulting services." Participation in any of its programs is voluntary! How can an organization that promotes sustainable living and smart growth be a bad thing? Unsustainable living means we all die 56 January 24, 2012 prematurely. And there's no future for planet earth or for our children. It is clear to her that sustainable living and sustainable development promote the American values of stewardship, fairness to future generations, and opportunity for productive communities where individuals and businesses strive for the common good. Good examples include the Roanoke City Market, the Salem, Grandin Road and other local markets. They all provide opportunity and outlets for local farmers and artisans. When we purchase local items we are supporting sustainable living. Sustainable means balanced, maintainable, justifiable, and viable among other things. It definitely is not some UN driven conspiracy or some imagined threat to personal property rights. As a Roanoke county citizen, support the county's continued participation in ICLEI and support Roanoke County Community Leaders Environmental Action Roundtable (RCCLEAR) efforts to reduce greenhouse gasses. She advised she works for a small business in Roanoke County that is getting a free Energy Checkup through the efforts of RCCLEAR. This will improve our bottom line by saving on electric bills and increase our sustainability by reducing our carbon footprint and is a direct result of Roanoke County's participation in ICLEI. Dan Crawford of 2311 Kipling Street, SW, in Roanoke City thanked the Board for the opportunity to express his views. Tonight, we are fully aware of the fact that the future of ourselves and our future generations are in your hands and only time will tell the gravity of that statement. It is in time that we will know. Speaking of time, let's go back ten (10) years and get a perspective of what time would mean. We can remember ten (10) years ago. Ten (10) years ago most of us had a sense of how grave the challenges were that faced us. We could see global warming happening. It was happening for real; fossil fuel and our dependence upon it was posing dire problems if not threats. Time, ten (10) years ago, most of us had not heard of ICLEI and did not imagine we would be joining them. Ten (10) years ago we did not imagine that Roanoke would be the likely home of Virginia's first commercial wind farm; knowing today there are about 16,000 wind turbines in this country. Ten (10) years ago our perspective was different, time changes things. Ten (10) years ago there had not been a Katrina, gulf oil disaster or the monumental disaster with nuclear energy (the Fukushima Disaster in Japan). A lot of things have happened that remind us that our overdependence on fossil fuel poses some dire threats and serious challenges. There are things the Board will have to face. Adding that up with the realization that 2011 brought to us, in his opinion, and most people agree, rapid climate change has brought 2011 the biggest, longest list of environmental disasters, weather driven disasters this country has even faced. Disasters translating into billions and billions of dollars of expense. Let's go forward ten years and image what we might be facing in ten years from now. To him, the prospects are challenging, they are daunting. It is hard to image. One thing we know, things are going to change and lot of the changes are going to be very difficult to swallow. We will also note that there will be changes in technology; and through wise involvement with ICLEI, we will gain access to global knowledge regarding how to access the technology, how to use it. We will be able to interface with January 24, 2012 57 technicians, scientists and those in the know worldwide and help us make better decisions. ICLEI has already provided the County information that is translated into thousands of dollars in electric bill savings and this will only continue and most likely accelerate. He stated he greatly appreciated the Board's wise choice in being involved in ICLEI and hope you surely stick with it. Gregory Honeycutt of 4090 White Oak Drive in Salem, Virginia stated he is the President of the Roanoke Tea Party and has been a resident of Roanoke County for about twenty -five (25) years and a property owner and resident at 4090 White Oak Drive in Salem, which is Roanoke County for about seven (7) of those years, the seven (7) most recent. His prepared remarks opposing the County's membership in ICLEI have been echoed already a couple of times today and over the course of the last few months. The Board has been presented with an abundance of information supporting our desire that the County discontinue this affiliation. Instead, he would like to use his time this evening to relate a real -life, common -sense example of how energy saving policies put forth by ICLEI inspired programs can serve to hinder one of the goals most important to us all, that is saving money on power bills. Automatic light switches, we all have had an experience with them, often in a Roanoke County -owned building. It seems like a good idea and it is a good idea to a point. Lights going out automatically are nothing revolutionary. There have been timers and things of that nature for some time and it is advisable in some instances for example, exterior lighting, there is no point in lighting the exterior of a building all night long for no one to see it. Including the cost of hardware, the cost of installation and the hardware has to be maintained and none of those are unacceptably expensive on a small scale. No one would argue with that he thinks. Under guidelines set forth by organizations like ICLEI, building codes in the County will begin to mandate these policies in construction, not just in County buildings. These will be imposed on not only residential builders, but commercial builders as well. From a common sense perspective, it occurs to him that when you walk into a restaurant maybe those lights do not need to be on fifteen (15) minutes, maybe you just needed a moment there and once you pass that sensor, those lights are going to stay on for another 15 minutes. Gentlemen and lady of the Board, a simple post -it note or adhesive label requesting, "Please turn off your lights when you leave" will suffice. Just his opinion, this Board and by extension, residents of Roanoke County will be well served by a complete re- evaluation of the supposed benefits of the affiliation with ICLEI. Donna Baker of 6010 Wimbleton Court in Roanoke, Virginia has been a resident of Roanoke County for eleven (11) years stated she supports the County's membership to ICLEI. She stated she thinks Roanoke County will see a real benefit by belonging to this organization. ICLEI provides a toolkit and guidelines in helping the County reduce its negative impact on the environment in saving budget dollars on energy costs. The County is free to choose to adopt any of the changes suggested by ICLEI. The cost of ICLEI is $1,200 annually to Roanoke County and that works out to be less than one and one -half (1 1 /) cents per resident. The investment of $1,200 is well worth it through the realized savings by implementing some of the suggestions by ICLEI. She stated she takes pride in the fact that Roanoke County is forward looking and making changes in 58 January 24, 2012 our community to help the local environment in reducing emissions and saving energy. She is confident the majority of the residents who live in her neighbor and community can definitely appreciate the value that our community derives from ICLEI membership. She stated she encouraged the Board to make your decision to continue membership in ICLEI. She asked that the Board make the decision based on fact, not fiction; truth not misinformation. Luke Baker of 6010 Wimbleton Court in Roanoke, Virginia and has been a resident for eleven (11) years and is a sophomore at Hidden Valley High School and a supporter of ICLEI. There are many things that ICLEI provides to Roanoke County, provides them access to software and technical tools and assistance in guiding communities to sustainability. ICLEI provides guidelines to local governments to measure energy use and lower greenhouse gas emissions. With only a $1,200 membership fee, it provides a huge amount of information and tools and ways to help Roanoke County have a better environment and be more cost effective and also it helps save energy. He stated he knows his generation wants to have a better environment and community and energy -smart for the years to come. With a membership of ICLEI, he thinks Roanoke County takes the first step toward that goal. He stated he encouraged the Board of Supervisors to continue Roanoke County's membership to ICLEI. Dan Babish lives in Fincastle in Botetourt County and stated in 2008 Roanoke Cement sponsored the grant that enabled Roanoke County to measure its environmental impact on the area. Roanoke Cement has a long term commitment to energy and environmental sustainability. As a materials producer, we can impact, but at the same time can also benefit the environment. We succeed at the commitment to sustainability in several traditional and practical ways are and driven by a continuous improvement mentality: Identifying energy strategies for the future, mastering the fundamentals of energy management, for instance, the easiest way to save power is to not use it. In times of an economic downturn, we must look to the low- hanging fruit for efficiencies. We also benchmarking energy performance and benchmarking best management practices and because of this Roanoke Cement has been recognized by the EPA as having an Energy Star manufacturing facility. We are also committed to recycling. Annually, Roanoke Cement recycles about 200,000 tons of byproducts from industrial manufacturing facilities and our sister company, Separation Technologies, recycles approximately one million tons of fly ash each year. Roanoke Cement has a commitment to energy reduction in non - traditional ways as well. We promote more durable buildings and better built concrete roads, offer storm water solutions utilizing a pervious concrete and at the plant, we take measures to protect the biodiversity and natural surroundings at our facilities. For instance, we have turned a metal scrap yard into an apple orchard that is pollinated with bee hives. We have reclaimed an old quarry by turning it into a trout pond and we have an annual creek cleanup day at Catawba Creek, which runs through our plant property. We also support maintenance efforts on the Andy Lane Trail which links the Appalachian Trail between McAfee's Knob January 24, 2012 59 and Troutville. We also partner with groups and agencies like the US Green Building Council and Trout Unlimited. Educating others on how to reduce energy use is an important part of what we do for our customers and our community. We have saved our customers over $1 million by incorporating these money and energy savings ideas. By applying best practices from our cement plant, we conduct energy audits for customers, for instance on electrical rate structures and their complexities; we also check air systems for leaks and false -air consumption; we also measure critical electrical loads and demonstrate energy- saving opportunities. The trick is to be helpful and not meddle. Customers need to be able to apply this energy knowledge to their processes by themselves to remain competitive. Our Company believes in going above and beyond what is required in regulations and permits. All or most of this was done without government interactions or requiring us to do it. We've been recognized by the EPA, the state of Virginia and even Roanoke's own Cool Cities Coalition; and we're proud of that. We're not advocating strict government regulations. We are however, encouraging you to continue to track your energy consumption and commend you for looking at ways to reduce it. This process requires continuous education, innovation, and investment. But in the end, energy conservation and energy efficiency save money for taxpayers and businesses like ours. Chairman Flora recessed at 8:25 for a ten - minute break. Chairman Flora returned from recess at 8:36 p.m. Ernie Ragland of 555 North Dry Well Road in Natural Bridge, Virginia in Rockbridge County. He advised he is a retired federal auditor, who formerly worked for EPA's Office of Inspector General and is a long time supporter of environmental protection, of the air we breathe, water quality, drinking water and actions to clean up the Chesapeake Bay. However, he stated he is not convinced by scientific or empirical evidence that global warming or climate change regulations by EPA are warranted at this time. Personally, he believes toxic mercury from coal fired utility plants, which can be mitigated by improved scrubber technology, and other mercury sources, represents a bigger threat to the environment than greenhouse gases. Also, he stated he believes Climate Science, like most other science, is not settled. To what extent is Climate Change caused by human activity, solar activity, greenhouse gases, electromagnetic waves and other factors, have not been clearly defined. Many questions have been raised by the integrity of the data collected and even recently the EPA OIG identified in their review, that EPA did not comply with OMB requirements for peer review of their Technical Support Document pertaining to EPA greenhouse gases endangerment findings. Since the adoption of Agenda 21 in 1992, government has increasingly assumed the role of forcing its citizens into lifestyles that is considered necessary to save the planet and to help ensure sustainable management of urban settlements or development into high- density, planned communities. This may be good policy for citizens in highly urban areas, such as in Northern Virginia, but statewide he believes it should not be mandatory and should be up to the local government and its citizens to decide. Also, I testified earlier today about the high number of bills (4 House Bills and 2 60 January 24, 2012 Senate Bills) to make Urban Development Areas, comparable to Cluster Development and Smart Growth type areas, an optional requirement to be determined by public referendum or the locality. He advised he applauds Senator Ralph Smith for sponsoring Senate Bill 274. He proposes that Urban Development Areas be made optional rather than mandatory and that any locality that has previously adopted urban development areas may, and upon voter petition shall, reconsider such action. He believes this bill, which is substantially comparable to House Bill 92 should be passed and signed into law. Lastly, after extensive research on UN Agenda 21, he strongly believes Agenda 21 undermines private property rights by subordinating the individual to community and over time will undermine the U.S. Constitution, which he swore to defend when he was in the U.S. Navy. He stated he recommends that Roanoke County join other jurisdictions, such as Albemarle County, Virginia, and Carroll County, Maryland, that have opted out of ICLEI during calendar year 2011 and recommend the County Board of Supervisors do the same by formally withdrawing from ICLEI. Chip Tarbutton of 917 Brughs Mill Road in Fincastle, Virginia and is a Board member of the Roanoke Tea Party. He stated he is one of the "fringe elements" that was spoken about earlier. He stated he does most of the writing that people were referencing earlier on the Roanoke Tea Party website and wanted to talk a little about that. He stated he has been accused of a lot of things over the last few months by people, journalists, people like that and he wanted to talk through some of the facts and they are undisputable facts. First, ICLEI is a UN partner group, no one can dispute this. If you want, he can show the evidence, the information even from the speakers early in support of ICLEI admit that. ICLEI has a stated goal of supporting local Agenda 21; that is undeniable, that is one of their driving forces. Local Agenda 21 specifically discusses property rights as an obstacle to sustainable development. It specifically talks about educating people about the need to do this in overcoming the American sort of fixation with property rights, which is a natural right. He stated he heard somebody say that ICLEI membership is symbolic. Symbolic of what? ICLEI is harmless; well one of the speakers who supported ICLEI actually said, "Well, you cannot meet that thirty percent (30 %) reduction by 2020." Why do you have that, because somebody took a boilerplate ICLEI resolution, which is boilerplate and handed it in, filled in Roanoke County's specific information? You are stuck with that resolution because you have an ICLEI membership. He advised you have a Comprehensive Plan, which is on the County website, that encouraged people to live in cluster developments and discourages people from not. It does not say yet what those things are, but somebody is going to define that at some point. He stated he wanted to talk a little bit about the controversy around global warming. A lot of people do not think global warming is manmade. There is good evidence for that. Some people believe it. He does not think the Roanoke County Board of Supervisors is in a position to make a decision for the County residents one way or the other on that. In talking about private property and also talking about sustainability. We hear a lot about sustainability is wonderful and it is great, but no one on the ICLEI side actually defines what sustainable development means in the real world. These are things that the UN, which is supported by ICLEI, things like air January 24, 2012 61 conditioning, roads, he is not making this up, this is from the ICLEI Agenda 21 documentation, which unlike some of the folks in this room, he has taken the time to read, air - conditioning, roads, fences, livestock, economic assistance that do not promote environmental issues. We applaud businesses and individuals for supporting environmental issues. We are environmentally sound. We do not need the County to tell us how to insulate our houses and we just need to sever the ties with ICLEI and there is a good planning department in Roanoke County to do these things. Rudy Vietmeier of 460 Bluebell Lane in Roanoke County stated environmental protection is not a local issue. The biosphere is global. Many attempts have been made, as the Board is well aware, to cobble together treaties to address environmental protection and to promote conservation and none has succeeded. Primarily because the restriction proposed was seen to be by developed countries onerous. They were not willing to place their industries at a competitive disadvantage. Clearly, a different approach is called for and that is what ICLEI does. While treaties fail to accomplish volunteerism may do that. No one is saddled with regulations, no one is put at a competitive disadvantage by being more efficient and everyone benefits more from a more efficient and more sustainable environment. What better forum could there be to launch such an initiative than the United Nations. If that were to succeed, the UN, after all these years may finally do something useful. Noah Tickle of 1603 Frosty Lane and Roanoke County resident since 1956 stated the Intergovernmental Panel on Climate Change, one of ICLEI'S associate Trojan horses predicts that seventy percent (70 %) of the various species on the planet will be wiped out if global warming continues at the predicted rate. Floods, droughts, hurricanes, blizzards and other bad stuff will do us in. "It is all our fault." "Humans are bad" and they want us to believe in fact the opposite is true. Food crops love CO2. The solution, the panel says, lies in either mitigation, to finally do something about the weather, or adaptation, to make the best of their, "Chicken Little ", bad news. Mitigation relies on regulation, and naturally "the worthies" shakedown science prescribes mitigation first. Regulation will require many studies, written in the language of academics that no one else can understand, to be read at elaborate conferences, always held at luxury resorts that a shakedown scientist could never afford on his own dime. The conclusion of the learned shakedown artists is invariably about how to milk the government of the West for more handouts. Commonsense, please ICLEI must go. It's a particular conceit of man to imagine that he is both the author and the center of the universe, that whatever happens to the stars is the work of his hand. "We are changing the large -scale properties of the atmosphere," declares Benjamin D. Santer, a climate scientist who needs to go back to school. The truth is you can engage in vast planetary experiments; warming the surface, warming the atmosphere, moistening the atmosphere and you will not impact on the frequency and duration of extreme events. Thus the ignorance and arrogance of man delving in God's work. "Everybody talks about the weather," Mark Twain Said, "But nobody does anything about it." He stated we cannot, commonsense please, does matter. CO2 is good. ICLEI, RCCLEAR all 62 January 24, 2012 have their heads in the sand. Go ask our food crops. Look, listen, they tell the truth. They say, "Want us to feed you ?" "More CO2, please." ICLEI must go. Mike Bailey of 7516 Deerbranch Road stated he is the Chairman of the Roanoke County Republican Committee and he has been instructed by his membership to present a resolution recently passed by his organization. He does not recall having to do this before. All of the members of the committee are registered voters and residents of Roanoke County. He is happy to report to the Board that there are several counties within Virginia and the state of Maryland as well as the national republican committee who recognizes that we can be good stewards of the environment without being members of ICLEI. Therefore, he will read the resolution from his committee, "WHEREAS, Roanoke County is a dues paying member of "ICLEI -Local Governments for Sustainability," previously known as the "International Council for Local Environmental Initiatives "; and WHEREAS, ICLEI's agenda conflicts with private property rights and is at odds with our community's beliefs and values; now, therefore, be it RESOLVED, that the Roanoke County Republican Committee opposes Roanoke County's membership in ICLEI and urges the Roanoke County Board of Supervisors to formally withdraw from ICLEI and review any policies that may have been adopted because of the County's association with ICLEI." Mr. Bailey stated the resolution was typed up and presented to him by his committee to present to the Board. He stated he hopes the Board will take this resolution under consideration as well as the many other resolutions that are being circulated throughout Richmond. While listening to the comments of the people tonight, he urged the Board to do as Mr. Church suggested in the very beginning that is to listen to the people. Listen to what they want. We can protect the environment and their rights without ICLEI. Mickey Mixon of 4508 Summerset Circle in the Cave Spring magisterial district stated he is what some in the audience may call a right- winger. He considers himself a conservative taxpayer, but for the record, he wants the Board to notice that he does not have horns; he does not drag his knuckles when he walks and he does not eat small children. In fact, he recycles his trash, own multiple solar panels and have a hybrid water heater. So, he too believes in the environment and thinks it is an important thing. But, by the same token, he is very concerned about ICLEI membership. The future concept of UDA's and ICLEI to him smacks of soviet Russia and how they moved all of their people into community housing. Right now, there is a bill in the Virginia House of Delegates, HB91, sponsored by Delegate Bob Marshall and he believes as one of the earlier speakers mentioned a companion bill by Senator Ralph Smith from the Roanoke County SB 274 that does the same thing. This bill would make the adoption of UDA's by local government as optional rather than mandatory. He stated he hopes this passes and encourages all citizens to contact their House of Delegates member and their Senator and strongly encourage them to support this bill. The beauty of rural living in Virginia is a blessing from God. People should never be forced to move off their rural land and into high density housing in the city. It is un- American and it is against our property rights as citizens. We can protect the environment without ICLEI. He therefore urged the Board to remove our membership from ICLEI. January 24, 2012 63 Max Beyer of 2402 Coachman Drive in LaBellvue stated as a preamble to his remarks, he wanted to remind the Board that adhering to the principles of democracy and individual freedom as envisioned by our families are not objectives. They are in fact a state of being, a process, and a means whereby society moves from point A to point B. History has proven that political freedom that is life, liberty and the pursuit of happiness is perceived by and is heavily dependent upon economic freedom, i.e. private property, and premarket forces. The County staff is concerned about the process and provisioning government services. They are concerned about moving the County forward in the most efficient, and effective manner in compliance with rules and regulations. As guided by the Board in its pronouncements and its work sessions. They also often look to outside sources to the most innovative and so- called modern 21 century concepts and ideas to accomplish this. Now, beyond this they are not chartered to look after our individual freedoms; that is political and economic. He stated the Board is our caretakers. The consequences of your failure is the abolishment of citizen's rights, liberties and the destruction of citizens' economic freedom. He advised it really is as simple as that. The Board must recognize each time they restrict the use of private property, the Board is diminishing economic freedom and while they might be good reasons for doing so as a rule, such restrictions should be minimized. Adherence to ICLEI's principles provides the opportunity for imposition of such restrictions on a quantum basis all in the name of County economic development and the so called public good. The current stand in evaluating economy development is zoning is not neutral by any means. By literally buying into the ICLEI action plan, the Board has gone too far. The Board has established a bias your ability to protect and depend private property rights and individual liberty through your guidance to your staff and subsequently in your evaluation of County zoning and economic development actions. The staff takes it lead from your guidance. One needs to only look at the Glenvar plan to see examples of the inclusion of Agenda 21 slogans, terms and concepts. The Board is inconsistent, deceitful in promulgating ICLEI positions while simultaneously professing support of the American ideals that he talked about earlier. The two stands cannot logically, simultaneously exist. He respectfully requests that the Board remove this dilemma by withdrawing the County from ICLEI as many other localities have done so and as many citizens this evening have also requested. Susan Edwards of 4121 Givens Road in the Catawba Magisterial District of Roanoke County stated she is here as an environmental supporter and a citizen and property owner and taxpayer of Roanoke County. She stated she is an engineer and she stated she believes in environmental stewardship. She advised she works as an environmental professional for the State of Virginia. She stated she is not here in her professional capacity, but as a taxpaying citizen reading some of the information that she skeptically started looking into about ICLEI. She stated she was concerned when she heard people talking about property rights. She can understand the interest of our Planning staff to make good use of good planning documents and going to templates that are provided by professional organizations. All the sustainability material that is provided through the American Planning Association and through ICLEI all gets at 64 January 24, 2012 environmental justice and you look through their material and you can see for yourself what they have in mind. Being part of the Glenvar visioning group, she saw some processes that are highlighted in ICLEI as training material on consensus process and how rather than arguing issues you work to shift the direction of the conversation. She advised she stands with Max Beyer and others that have spoken this evening asking the Board to withdraw our participation and she advised she was the one who worked with the resolution on the Roanoke County Republic Committee and ask not only, she is not so worried about $1,200 a year in the budget, she is worried about our planning documents and the things that are in place already that are based on the templates and the training that our staff has undergone as we have participated in ICLEI over the past few years. Our property rights are not being protected by that group. If you read their material as she has pulled from their website today, they are opposed to property rights. They seek environmental justice, energy independence, natural resource conservation, climate change, dealing with unemployment, poverty and public health. Well, they put a lot of things out there, but as you work through the documents on their own website, they are opposed to our individual liberties, freedoms and property rights. So if the Board would look at their own material and make a serious decision about what this group is focused on. What are their motives? Linda LaPrade of 5509 Will Carter Lane and a resident of the Cave Spring district stated tonight she has listened to the proponents of ICLEI use both derision and flattery to get their points across. She stated she guessed she was part of a "fringe group" although she never thought she would be. She guessed she is part of a senseless conspiracy opposition although she does not see herself that way either and she guesses you are wise only if you listen to their points of view. She does not feel that way. In August 2007, when the Board joined ICLEI, the Board was told that it simply provided tools, software and information and you are told that again tonight. The Board knows that the tools and software are totally unreliable as shown in the FOIA that she presented to the Board the last time. There is no validity in software that shows no scientific procedure in how data is arrived and no auditor has verified it. You only have the word of ICLEI. The advisors, locally, who helped implement ICLEI all have vested interests in furthering ICLEI goals, their livelihoods depend upon it and most, if not all, are not residents of this County and have no vested interest in preserving our rights. Not one independent expert gave assistance, not one person examined the potential problems with ICLEI. The staff who wanted ICLEI gathered people biased towards the decision they wanted, much as Ms. Edwards discussed. When the Board signed, the Board agreed to further ICLEI goals. In 2008, one of you voting tonight went on record saying, "I am not interested in participating if mandates are going to be implemented." ICLEI mandates are being implemented; they may not be mandated, but our goals are their goals; specifically and word for word. The Board's job is to protect our interests and our rights against possible threat. Tonight, she stated we will see if you believe that to be true. We cannot risk how future supervisors will interpret these mandates or what mandates will occur. We cannot risk losing private property rights and our rural choices and this is what the Board risks heading down that ICLEI road. Are the Board members January 24, 2012 65 leaders who will protect their citizens against potential problems and have confidence in your staff and your volunteers to create and implement appropriate environmental policy for us or are you followers who allow an outside NGO to dictate and monitor County policies? We know which kind of people we deserve as our supervisors; your vote will tell us what you are. Monica Rokicki of 1211 Fourth Street in Roanoke, Virginia stated she is speaking from a personal basis, from a professional basis, as a member of the Chamber of Commerce as someone who is interested in future generations as someone who takes Thomas Jefferson's words to heart to say that, "We may not by our stewardship of our current resources rob the rights and liberties of future generations to serve our own good." That is a nice saying and how do we actually accomplish it? Well, we accomplish it by utilizing the best scientific evidence and knowledge that we have. There are minorities that disagree with the majority of scientists who say that climate change is a fact and it is a fact. So she has to ask herself, well she is an open- minded person and maybe she should just be open minded about people who do not share her view, after all open- mindedness is one of the foundational attributes of a functioning democracy and yet an open mind in regarding the issue of hand are we to be guided by our open mind and privilege reviews of the few dissenting scientists who are skeptical. Is it even an appropriate scientific consensus to the extent it puts the future of our environment, our economy, our air and our children's future's at risk. Let's put it another way, if an overwhelming consensus of Doctors told a father that his life was at risk, that he had a life- threatening condition should he keep an open mind and risk leaving his children fatherless. If, an overwhelming consensus of attorneys told a Board of a company there was an overwhelming risk with a certain investment should the company's Board keep an open mind and risk those shareholders investments in that company, of course not. An open mind is not relevant to a set of facts and an overwhelming consensus of evidence. Accordingly, the governing bodies of a community have an obligation to take actions to minimize the risks of climate change. ICLEI is a tool to make this happen; it is not something that is going to threaten our rights or our liberties. In fact, it is something that will help to preserve them. She stated she too has read all of the documents on the ICLEI website and she finds only best wishes for the future of our country and of our community and of the global community in those documents. By the way, you can meet all of their challenges. Jim Woltz of 10561 Sugar Camp Road in Roanoke County stated he wanted to first thank all of the Supervisors and the founders of our country for giving the privilege for voicing their opinion here today; he thinks it is a wonderful way that we can express how we feel. He advised he had moved here in 1973 and did not invest in 401 k, put his money and invested in real estate herein Roanoke County. He stated he does believe in the importance of taking care of the environment. He personally has put 1,500 acres of his own land in a conservation easement. He believes it is our responsibility to take care of the environment, especially the environment here in Roanoke County that we are all here tonight to discuss and he is sure there are plenty of good things that ICLEI provides. He has been to many council meetings around the country. He is in the real 66 January 24, 2012 estate business. He is licensed to do business in nineteen (19) states. He has begged for property rights and common sense solutions to property rights and ordinances throughout the country. More regulations, however, is just but one of ICLEI's agendas. But using the scare tactic of global warming is not a very good tool. One year scientists say it is happening and one year they say it isn't. Last year we had snow on the ground for the most part of the year and now this year we are having nice weather. The agenda for ICLEI does run deep and you have heard the testimony of other people that have studied it. He advised he has also read both sides of it and believe it does run a lot deeper than global warming. To take anything from this organization only opens a portal for more influence to change and diminish property rights. The ones that have become more and more precious with each taking of property rights through ordinances. For thirty -eight (38) years, he has watched this County change the property rights and make them even more valuable through their ordinance changes. They do not really need any help coming from an outside resource. The County is doing a pretty good job of that and he understands a lot of them have been needed, but he does disagree with some of them. There are plenty of resources available to the County to protect the citizens and educate people with good stewardship how to take care of the property and the environment and he thinks it is a decision that the citizens of this county should make as to how this property right issue should be handled. Every country is different, our happens to have the Fifth Amendment, he does not think we need outside influence from foreign countries to tell us how we need to handle our rights for real estate ownership and the ultimate goal of ICLEI is to control how we live and what we can do with our property. He urged the County to discontinue their membership with ICLEI and let the citizens of this County decide what rights we should have. John Lipscomb of 346 Quail Valley Lane in Boones Mill in Franklin County stated the reason he is here is because we in Franklin County are following along the Board of Supervisors along a similar path to what Roanoke County has already tried. It appears as though they may be two or three years behind. They are not yet a member of ICLEI, but they are certainly looking as some of the influences of ICLEI and some are thinking of joining. He advised he just wanted to clarify a few things. He has not prepared any statements so therefore he is not going to say anything nearly as eloquently as some of these folks have and appreciates their effort and their speeches, but he is a registered professional engineer. He has a MBA and is considered as another one of the "fringe elements." He is also the executive director of the Bedford Franklin Area Tea Party and he takes time tonight and takes time with the Tea Party and he takes time any time he can to make sure that this country does not fall for the false promises and the lies and the tactics used by the United Nations to take over our constitution and take over our rights. Several things that have been brought up tonight yet and thinks worth mentioning; in any issue like climate change and notice that the terms has been changed from global warming to climate change. That is because they found out global warming does not fly too well. Because back in the 1960's we had global cooling and he sees a lot of white hair in the audience so he is sure back in the 60's there was January 24, 2012 67 concern as to how we were going to deal with this horrible situation. So, they had to change it to climate change instead of global warming. Another thing to mention is that he is not sure what kind of routers or computers or internet service a lot of these people are getting because all you have to do is Google Agenda 21 sustainable development and you will see all of the quotes in there about property rights and how property rights are not good as far as establishing social justice. That is another one that nobody has brought up yet; that is also part of the Agenda 21 and the ICLEI bag of tricks. Social justice is not legal justice, social justice is giving everybody equal money and equal access to everything. In other words, taking from the rich and giving to the poor. He stated he believes in the constitution. He is a US citizen and will do everything he can to uphold the constitution. He would hope that the Board would do the same and that means rejecting any form of unconstitutional and anti - American activities that are represented by ICLEI. Mrs. Robert Hardin of 3044 Stoneybrook Drive in the Windsor Hills District of Roanoke County. Thank you for taking comments from constituents. I'm sure we all appreciate that. Mrs. Hardin advised she speaks tonight for myself, but also for my husband, who usually attended regularly until his Christmas Eve visit to the emergency room which was followed by a hospital stay and changes and additions to his medicines and diet, and restrictions like no steps, no shoveling snow, and don't go outside if the temperature is 40 degrees or lower. Not knowing how long we would be here tonight, he decided to stay home. I also speak for my adult son, who is staying with him. He agrees with my opinions on things. Our founding fathers, who in many cases were better educated than many of us, believed in friendship with all nations, but alliances with none. My husband, son and I agree. We also think that we Americans are smart enough to decide our own destiny, and not rely lockstep upon the ideas of others. We request that you vote to withdraw from ICLEI. We've noticed in the past six or so months that the Board has taken comments from nonresidents. I kept a record at one meeting. More than half of the speakers either were from elsewhere, or did not state where they did live. She advised she respected their passion on the issues; she respects the right to their opinion. But I remind you that people who are not Roanoke County residents, people that are not represented by the Board and will not be affected by the decisions that the Board makes. She advised she hoped the Board has been making notes of what County residents options were and you will keep them in mind when you decide on this or any other issue and she advised she could not help adding an ad lib, talking about global warming our own television station WDBJ told us one day this week that it is snowed in the Sahara desert, the third time in all recorded history. Charles Wertalik of 3116 Valley Stream Drive in the Mount Pleasant area of the County stated he is here to ask the Board to get rid of the County's membership in ICLEI. No less of an authority than the Heritage Foundation, the foremost conservative, think tank in this country with 7010 thousands members has written about it recently and they say among other things, "Ready to trade in your car for a bike, or maybe a subway instead? Interested in fewer choices for your home, paying more for housing, and being crammed into a denser neighborhood? You can have all this and more 68 January 24, 2012 radical environmentalists and "smart growth" advocates have their way and local, state, and the federal government impose the policies set forth in the United Nations' Agenda 21." which we have heard a lot of tonight. So, he will not go any further. Part of the threat that Americans need to be concerned about is the one that lies in their own backyard, namely, these so called homegrown, smart growth policies that undermine the quality of life, personal choice and property rights in American communities. Where do they stand today, these homegrown policies? The Obama administration has embraced them while also increasing environmental regulations and restriction on use of natural resources. The White House is not the only one behind the smart growth movement, local and state officials along with interest groups are promoting the policies at all levels of government, like right here. That is where smart growth must be thwarted. It is not just a matter of standing against the implementation of Agenda 21 at the national level. It is also about protecting our own backyards against the homegrown threat and he is all for that. He would not want any of these togetherness situations sound too much like Stalag 17. Diana Christopulos of 907 Greenbrier Court in Salem, Virginia thanked the Board for the opportunity to speak on behalf of Roanoke Valley Cool Cities Coalition, a nonprofit organization of all volunteers, no staff, no building, but they do have 250 affiliates representing over 25,000 citizens in this region; the vast majority of them live, work or do business in Roanoke County. Just a couple of quick points. One of the speakers said that the scientists used to talk about global warming and now talk about climate change. Actually, scientists have always talked about only climate change, just to make it clear about that there was no change. Secondly, there has not been any debate for the last ten (10) years among scientists. Our own national academy of Science has been very clear about global warming. They did a poll of their members last year. This is the most distinguished, academic and scientific gathering in America. 98 out of one hundred (100) climate scientists said a) global warming is happening and b) we are cognizant. Just to be clear, those are actually facts. We support the County's continued membership in ICLEI and we support the County's leadership in efforts to save energy and save money for the County's taxpayers. We endorse the efforts of RCCLEAR, a committee of this Board of Supervisors to help local resident, businesses and others save energy and save money and frankly, we are puzzled by the Tea Party's ongoing efforts, not only in Roanoke County, but in well- funded, well - planned effort, all over the County funded by groups like the Heritage Foundation to discourage energy conservation. Who benefits from wasted energy? When Governor McDonald visited Roanoke County is 2010, one of the local Tea Party leaders who spoke tonight attacked him for wanting to make Richmond more green and the governor replied, "Part of being conservative is conservation." We agree with the governor. She stated she was in a public meeting here in Roanoke County about a year ago where a speaker was talking about energy conservation and gave examples of how much energy we were wasting here in America and one of the local Tea Party members who spoke here tonight, a different one, interrupted the speaker to say, "but that is what makes us special." Really? Is wasting energy what makes America special? I grew up in a military family. January 24, 2012 69 Now, she will guarantee you that her parents did not teach us that wasting energy made us special except for being singled out for criticism. She stated her mom is 87 years ago and she still makes sure they turn out the lights when we leave a room. Our friends in the Tea Party have had their say about ICLEI and energy conservation and the Board of Supervisors has listened and listened and listened. We have heard many examples tonight of information from the Tea Party in Rockbridge County, Franklin County, Botetourt County about the United Nations and Soviet Union, the Environmental Protection Agency, interpretations of climate science and many other things, but very little about the work of RCCLEAR, very little about the voluntary work that is being done here and we ask the Board to continue the membership and heed the words of St. Paul, instead of the rancor that we have heard from some of the others here to encourage one another and build each other up and we hope that is the action you will take. Donald Koop of 6700 Christopher Drive in Cave Spring stated he would like to bring to the discussion an indication of what others are saying about ICLEI. He advised he would be reading a quote from a candidate for congress from the 11 District in North Carolina. He is not a member of Roanoke Tea Party. This came across his desk today and thought it was appropriate to bring to the Board's attention tonight. "The elimination of private property ownership in all forms is the cornerstone of Marxism and its plan for a one -world collectivist tyranny. Socialism, Communism, and the Marxist agenda are not dead. They did not disappear 20 years ago when the Berlin Wall fell and the Soviet Union disintegrated. Instead, Marxists realized that they could defeat us from the inside by destroying our moral integrity, the family unit, and using the environmental movement to destroy our industrial base. We've heard these arguments before from the mouths of those who claim to act for the benefit of mankind out of selfless disregard for their own well- being. They say, 'It's for your own good,' or 'It's for the collective good'. If they are so smart and know so much that they believe we should be grateful for the opportunity to allow them to control our lives. Meanwhile, they are personally exempt from the rules. Their 'Do as I say, not as I do' mentality and attitude characterizes the elitist ideology. Agenda 21 is the weapon Marxists have chosen to create a socialist, redistributive society. Under the guise of 'sustainability', America would lose her sovereignty to a one -world government run by self- appointed elitists, shielded by the banner of the United Nations. Confiscation of private property would force all human beings to live in prison -like, high -rise cubicles in 'smart' urban zones. All aspects of our lives would be closely monitored and strictly regimented. Agenda 21 is, therefore, the single greatest threat to our individual freedom. When the stark choice of slavery or freedom presented itself to Patrick Henry, his proclamation, Give me liberty or give me death,' served as the rallying cry for American patriots. I, for one, cannot and will not accept continued loss of personal freedom and further restrictions of my rights while the Constitution is ignored. I have signed the Resolution below exposing United Nations Agenda 21 and urge the Republican National Committee to do the same. I also challenge all public officials and candidates for public office to join me in condemning 70 January 24, 2012 sustainable development. On these matters of principle, compromise is not an option. Dr. Dan Eichenbaum" Chairman Flora recessed at 9:27 p.m. and returned to open session at 9:36 p.m. Supervisor Moore commented she would like to thank everyone for coming out this evening and voicing their viewpoint. ICLEI is a non - profit organization that we gather information from or that they gather information from all over the world. We can use this information if we want to help make our choices on how to improve our community and how to make them safer for our next generation. For the small amount of money that Roanoke County spends each year to be a member of ICLEI, we are able to receive valuable information about what is going on from all over the world. ICLEI members consist of elected officials including mayors, governors and town and city managers. We can learn from their mistakes and from their experiences through the information that we receive. No one is forcing us to use this information, but we will be able to use it as a guideline if we want to. She stated she has heard some talk about national security concerns by being involved in ICLEI. We communicate every day by telephone, cell phone, social media outlets, such as twitter and Facebook. We talk about our families, our finances, our vacations and sometimes our entire itinerary is posted everyday on Facebook. If someone wanted to hack into those computers, they could do it. They could listen to our conversations and they could harm us if they wanted to, but this is America and we cannot be afraid to go outside every day and go about our routines afraid that someone will harm us. My son left home and joined the Navy at age 19; he is now overseas somewhere; she does not know where. He is fighting for our freedom. We, as Board Members, make decisions based on fact and what is best for our citizens. The decisions that are made in our locality may not apply to what other localities use. We make our own decisions. It is good to have information other localities have talked about and reviewed, discussed as well as other countries and other states so we can apply them if we want to. We can use the information as a guideline. She added that she thinks ICLEI is a valuable tool for Roanoke County to use that offers an opportunity to stay in touch with the rest of the world in protecting our environment. We need to keep moving forward and keep searching for ways that we can help maintain our valley with clean air and water for our next generation. ICLEI is a good investment for our future. It is a resource that we can use to help make good decisions and sustainability for her means clean water and clean air. Supervisor Church inquired of Mr. Goodman if he would advise when the dues were paid for 2012 for ICLEI with Mr. Goodman responding October 21, 2011. Supervisor Church stated he considers himself a conservative; he is not happy with Washington, DC. He stated he is not happy with a lot of things going on in this world. When he feels like our country, which he believes is the greatest nation in the world is being subjected to what he would call outside forces and it can be anyone, anybody any country, outside the United States. He advised we are constantly fighting wars of all kinds, physically, mentally and socially. He keeps asking himself over and over all these months, what is the ruckus, what's the ruckus about? You know there used to be January 24, 2012 71 an old saying, "Follow the money." Well, a lot of people say it's not the money, it's the principle of the thing; and he replies ten to one it is the money. There is always something to gain somewhere, somehow that we may not even know about. He further stated he is skeptical of government, our government, with stimulus plans, grants, projects, etc. because history shows once they run off of money they leave. Our history shows that. He stated he is not saying they did it on purpose, but we're talking about millions upon millions of dollars that are all of a sudden that which was a great idea four or five years ago now is a piece of rusted metal. He stated he tries to be a no nonsense, logical thinking guy. He keeps saying to himself that the people who believe are good people, good honest citizens; as well as the people that do not believe. At this point, he questions some of the supposed benefits; who are they really for? He stated he thinks mentally that it's their way or acts like it's their way or the highway that sends signals to him in different ways. He asked the rhetorical question that if we vote yes to keep this, will our citizens leave us and never come back; of course not. However, if the Board were to vote no, would an organization still be around us all the time, would they be still talking to us and doing things? He wonders about that. Our citizens are here to say and it is his job as an elected representative to listen to his citizens; 18,848 at last count. They let me know what they think because they know that they can reach me and contact me. Their blood, sweat, and tears are what he listens to the best of his ability. It all comes down to the organization; believer or non - believer. What he does not like to hear is if the organization id dropped, i.e. ICLEI that the County quits conserving; that it quits caring. He stated he does not believe for one minute if any organization, even refuses to sell us their software, wants no part of us, let's go to that extreme, he still believes that Roanoke County is going to do the best it can to conserve what it has; he truly believes that. There are competent people in Roanoke County: directors, workers, maintenance, etc. He advised he does not have proof to show that the County would be out of $20,000 that it would cost us $20,000 or $30,000 to do this or that, but would like to see some proof of it. He would like to see proof about a lot of things. He advised he would like to back up and go back to sheet number one. In 2007, to be candid and honest, our Board voted to join this organization. He stated he honestly feels that with all his heart, the Board had no idea. This board member didn't, and he is not putting down any of them. It's a situation that sounded good; something that the Board all believed in. He advised he thinks everybody in this room wants to conserve our precious energy and the Board really had no idea. Agenda 21 is a card game to me. He is not trying to say he is nonchalant about it, but it was something that appeared to be something Roanoke County should do, go ahead and conserve energy and take care of it. He stated he really did not honestly realize the ramifications or the what ifs or what nots, that we can see today, four years plus later. He advised he has spent his life believing in Ruby Church, who left this earthly world, his mother, in 2001, had a third grade education and was the smartest person in the world; she taught me a lot of things such as always believe in God, in the end we win. She knew what that means; if it seems to be too good, it's not. There's never a right way to do a wrong thing. Believe in your country, it is the greatest country in this world. She was never 72 January 24, 2012 proven wrong, not that I tried to prove her wrong. She cared with a heart that you could not believe. Supervisor Church stated one of the most thankful things he is thankful for is that we passed away just before 9/11; feels that would have broken her heart in two. She did not have to live through what we are living through. Does he think someone is going to come in here and attack us; no. He just believes with all his being that we can do the job that we should be doing on our own and is not convinced about some of the technology. For example, he stated he has some recessed floodlights at home. He advised they are kind of expensive; he used to buy them for $1.98 and lasted a good while. When he purchased the new expensive ones that are supposed to last seven (7) years and marked on each one with a Sharpie; one lasted a year and one month and three that never made two years. He advised he paid $7.90 for these "long- lasting" ones and could have bought three of the old ones and still be good. He explained his point is that everything that you are told and proposed is not always what it seems to be; some things are what they are supposed to be. He explained if he is going to take a chance and he does not take chances with people's lives, he is going to vote with his citizens, who have overwhelmingly called, emailed or stopped him on the street and asked him to vote no. Supervisor Elswick stated he guessed he been called a lot of things, for example a maverick in the paper. He further stated he and his neighbors have been called "zealots and nuts" over the windmill issue. Tonight he is part of a "fringe element." He stated he is so proud of himself. He advised that somebody once remarked, "I kinda like Ed, but don't know what he's gonna say. " There is a little truth to that. Supervisor Elswick continued by stating the cost to ICLEI is totally irrelevant; twelve hundred bucks is nothing, but the impact of ICLEI is very relevant. You don't notice it. Some of it is insidious and some of the things that ICLEI's doing in getting people like us and mayors of a lot of cities in the country to become a part of the ICLEI initiatives are things that our government refused to do. He continued by stating there are so many good, capable people on the County staff; highly qualified, highly paid. They have done a good job with the zoning, except for maybe going a little overboard on the rural areas. Additionally, the people on RCCLEAR, he is sure are dedicated and fine citizens. He added he thinks we ought to be able to use our own brains and our own ingenuity. We are part of the United States. Who do we have to ask how to do almost anything? He continued by applauding the RCCLEAR volunteers. He stated he agreed we should try to save energy, but he does want people to stop calling each other names; he has been called names. Also, the Tea Party has been criticized. He explained he could do a lot of damage by naming some names and situations that would be embarrassing for those who advocate ICLEI, but he is not going to do so because he does not feel that is the way we ought to conduct business. He advised we should agree to try to save energy and to present the facts. Everyone is entitled to their own opinion. He explained it really helps a lot if people present facts so we can make intelligent decisions. ICLEI and the UN initiatives are convincing. They sound good on paper and they're a lot like some of the things we're already doing. He explained if you look close at the involvement with any organization that is a world organization, you should take a good look at it and its January 24, 2012 73 ultimate objective and make sure that whatever you're doing with that organization is in our national interest. He advised staff sends a lot of information to ICLEI. It goes to ICLEI headquarters in Bonn, Germany. Roanoke County just awarded Trane a $1.4 million contract to improve our energy usage. Trane has software, and from what he understands it's $2,000, But if it weren't that amount, he is sure for $1.4 million a lot of help could be obtained through Trane and feels it is a good initiative on the part of Roanoke County, to try to improve how it uses all its various pieces of equipment. Supervisor Elswick stated however with regard to the piece of paper that is the report sent to ICLEI headquarters. This report states Roanoke County did 66 residential energy audits and every one of those people improved their houses, every one of them and saved 198 tons of CO2. He asked if anyone really believed all those houses where those energy audits were conducted. He advised a lot of those improvements had to cost a lot of money and not a lot of people have a lot of money. He asked the audience if everyone really believes that all of them implemented what the recommendations were. Additionally, pamphlets were handled out at a conference, paper pamphlets and an assumption was made the hundred (100) people that took those pamphlets on how to improve their energy usage went right home and did what that pamphlet told them to. He advised he gets pamphlets when he goes to conferences and they usually go in the first trash can as he goes out the door. So, Roanoke County saved a hundred tons of CO2 by handing out pamphlets. If that were possible, then we ought to be standing on every street corner in Roanoke handing out pamphlets. Roanoke County would save millions of tons of CO2. The same thing was true when they gave out one hundred (100) driving energy tips such as be consistent, be steady, don't hot rod it. All of those people did what that pamphlet told them to and we saved another 100 tons. If anyone has observed drivers driving any more efficiently, then I'd like to know about it because he has not seen anyone change their driving habits. So, the report says that Roanoke County saved those tons of carbon dioxide. He assumes the report went to Germany. Germany then goes to the UN and ICLEI headquarters in Germany goes to whoever has money and is willing to throw it around when somebody tells them they're doing something green without checking it out, and therefore ICLEI headquarters gets tons of money. For example, they had enough money to send two of our people, Anne Marie Green and Charlotte Moore, to a conference. When you send two people to a conference, and he does not know where it was, probably Las Vegas, then that is probably ten (10) times what our dues were. Where did they get that money? If we only pay $1,200 a year in dues, then how can they afford to spend $5,000 to or $6,000 to send two of our people to a conference? He reiterated something does not make sense. Any other localities are signing ICLEI agreements to do certain annual reporting and perform certain actions as dictated by the agreement. Some of them our government has refused to abide by and to enter into. He outlined his problem as not liking to see Roanoke County compromise our integrity. As far as he is concerned, reports cannot be sent out that have absolutely no validity and have not been checked out, which he does not like. He appreciates the people in Roanoke County and the neighborhood where he lives as being honest, upfront people; everybody has an 74 January 24, 2012 opinion and they ought to be able to express it. However, he does not appreciate dreaming up numbers as if we were doing something that we're not doing. There must be some pressure somewhere from somebody to show some kind of results; obviously your reported data goes to somebody. He added there is a thirty percent (30 %) UN recommended reduction in energy; as one of our speakers pointed out, that number was adopted without any rationale as to how Roanoke County is going to get there. Roanoke County is just going to save thirty percent (30 %) of its energy. Supervisor Elswick then stood and flicked the lightswitch on and off and stated he just saved energy, but did the pamphlets do that, no, he does not think so. He added if you look at any of the initiatives, look at a war. If it is a UN sanctioned war, who fights, not a lot of countries, primarily just the free countries. Who will respond to a UN initiated ICLEI- type program, only the free countries. The third world countries do not even have time as they are fighting all the time and they are not going to abide by these rules, they are just not going to enter into that. Who pays for the wars? We pay most of it and we allow the UN people to take over New York City and do things that citizens there cannot do and they do not get prosecuted for it. Take a look at who has the money in the world, China has over $3 trillion in cash and liquid asset reserves, Japan has $900 billion and the United States has $140 billion. However, we are putting out the money to feed people through UN initiates. We are called upon when anything needs to be done because we are the United States and should be on the same level as everybody else even though we are busting, even though we are working hard to establish a standard of living that the world envies and they want to take it away from us and give it to somebody else. If you look at some of the programs, for example Salvation Army is his favorite charity. Because the person who runs the Salvation Army has a salary of $13,000 a year. The UN agency, the guy that runs that gets $1.3 million. Who is really in it for the money and who's in it to help people? Supervisor Elswick stated these were just a few of the notes that he made and he stated he thinks locally we should be honest with each other and if we are going to do something, do something; not pretend that we did. He stated let us do our best to work with coal companies and AEP to get the coal plants converted to natural gas, which we have tons of. If all of the subsidies that government is putting out to various organizations had gone to converting the coal -fired plants to natural gas, we would have cut the emissions by an incredible amount; yet we just throw money at untried technologies. For example, denude another mountaintop; that will solve the fact that coalminers denuded one. Let's denude another one and it'll counteract each other he guesses. Additionally, he noted the water authority is taking methane from the landfill and they will generate enough electricity from that landfill that they won't have to buy any; that's a good project and not the only project that can be done. For example, look at our schools. Cars are lined up for miles to pick up their kids, and yet the school buses are half empty. Some of that is obviously legitimate. Don't anybody get mad at me because you pick up your kids. Legitimate ones ought to be allowed. He stated he thinks our children are getting lazy. We don't even let them walk up the driveway anymore. So, if there was an initiative to talk to those parents and say, folks, why are you doing this? Let's save some gasoline. He noted he has a neighbor January 24, 2012 75 who just installed solar panel. They're built for electricity and November's bill was $20. The bill in December is $50; and they were on vacation. Solar panels are a good thing, but to get them, we will have to find some company to work with who will give us a deal because right now, they are way too expensive for most of us to afford. They would never pay for themselves. In conclusion, Supervisor Elswick stated the audience now has his opinion on quite a few elements, even if a little discombobulated. He reiterated he does not think we ought to let anybody come in and tell us what to do. If we can do it ourselves then we need to do so. Supervisor Altizer thanked each and every side for the most part being very respectful to one another and coming to the Board and expressing their opinion and hopefully you felt like you were able to do that. When I go back and look at this I guess, like Mr. Church said, follow the money sometimes, and I think is it about the money? He stated he has heard a lot about personal property rights but has not heard anyone say what we as a Board has interfered with property rights but he knows there has been people who have said thank you for protecting those rights. He stated he is a Republican and that is not a secret to anyone. He is a conservative. He stated he is probably the least green person on this board, but also realizes there are some things that work for us and have benefits. He stated he also remembered the night that the Board was talking about UDAs and he was talking that night that we just need to send the State a message and say no. There was a lot of heads shaking up and down and we see a lot of heads shaking up and down now. He advised he thought Chairman Flora came up with a better idea to just table it and see what the State says to do. He indicated he thought he was just sending a message to the State that this was the right way to do, but in that case he violated the Constitution of the State of Virginia. The State of Virginia gives the Board the ability to do certain things and certain things it does not. One thing is that if the State tells you to do something, you're going to do it. So we were somewhat civil disobedient, by not doing it, but it was done for the right reasons and for the things we believed in and sometimes you have to do those things. Quite frankly, one of the bills in Richmond right now is making UDAs mandatory and giving us a choice of whether to do it. He stated he believes there should have been bills to do away with UDAs all together; that would have been the right thing to do. He stated he has friends here tonight from the Republican party, one of his neighbors from down the street who he has shoveled with my snow blower snow out of his drive. He stated when his friends in the legislature voted for UDAs, he did not distance himself from those individuals. He explained he has to believe in his own ability because he is a part of the process that determines whether your rights, property rights or anything else, is infringed upon. He stated is not whether Roanoke County is in ICLEI or not in ICLEI. Its right here; the buck stops right here. He stated he believes only ninety percent (90 %) of what the UN puts out and as he has told many people before he does not believe with what Roanoke County has paid to ICLEI with what we have received that there has not been somewhat of a benefit. He explained but what does he do when someone tells him one of the social agencies is maybe doing something they don't like and maybe we should pull the funding out from behind that. With ICLEI he is absolutely 76 January 24, 2012 torn, but also has the confidence in himself and he knows the difference between when somebody's trying to brainwash him or tell him what to do. He has enough confidence in himself that he is going to make the right decision for the people in his district and for the people in Roanoke County as a whole. He stated there will be some people who are mad at him tonight and hopefully they can respectfully disagree. He stated he is going to do the best he can to make it decisions every day and to protect rights. He has a record of that and is going to continue to do so. No organization, no person is going to tell him and he is going to do this or that based on something that came from Germany or New York or wherever. He explained that someone talked about process earlier; the process and the agenda of Roanoke County is moved by people and moved by the five (5) people that sit behind the dais based on a philosophy of what they have always believed in, and what they have always consistently stood for. It is not for one group here tonight and he is not against any one group. But again, with the UDAs he did not distance himself from my friends in Richmond. He stated he is not saying ICLEI is his friend, but he does not think there is a justification that states we are not getting out of that organization because we are not getting $1,200 worth of benefits for all the citizens of Roanoke County. Roanoke County received benefits, they get nothing from us. He stated he thinks this Board as a whole has voted to protect rights and to make sure that we do something the right way; this is where he stands. Supervisor Flora stated that four people have spoken and he has kept his mouth shut. He explained he is at a disadvantage here because by education he is a political scientist, which means he has studied politics and government most of my life. He stated by training he is a public administrator, 40 some years as city /county manager, but his emphasis has been in planning and that is what he did for so many years. He stated he finds it a bit interesting because back in the 1950s the general assembly allowed planned unit development. Although planned unit developments were although everywhere, it was still the concept of planned unit developments to develop a large parcel of land into residential and commercial businesses so you could ride your bicycle from your home to do your grocery shopping or go to the drugstore or go to the dentist or go to the doctor's office but still a kind of a rural development but it was called planned unit development. Then along in about the mid 1980s, came cluster zoning, which was another way to bring more people closer together. The payoff there was you allowed people to live a little closer together, but then you had to set aside about thirty to forty percent (30 to 40 %) of all your land as open space, thereby creating some open areas so all of the development was not taken up with checker boarding all over the place with lots. We have had a progression in Virginia of development that started with planned unit development and ended with RDU Rural development; we have come a long way. Chairman Flora stated the biggest difference in all of that was that planned unit development, cluster zoning, were all options. Now, the State is trying to tell the localities how to do something, which they have the power to do as Virginia is a Dillon Rule state. The State has the power to tell localities what to do and we do not have the power to say no. In this case, Roanoke County procrastinated because we knew we were right and he thinks history, through this session of the General Assembly January 24, 2012 77 is going to prove that we are right. He stated with regard to those arguments that they have been around forever, he just does not believe that Agenda 21 has anything to do with this new concept of development. It's just a progression that came along that the downside was it was mandated as opposed to being optional. He advised he is also a very strong believer in the Constitution. The last time he checked the US Constitution was still intact, the Virginia Constitution was still intact and we still had a democracy, which means that we can elect our people until we choose not to reelect them, and if we do not like what they are doing we can unelect them and we can elect people who are more in tune with what the general public wants. As a result, he stated he cannot believe that ICLEI is a Marxist conspiracy that is trying to take over our government from within. He explained he is old enough to remember the 1950s and 1960s when we debated Communism and it was a pretty ugly debate. There were people who lost a lot of their liberties because they were suspected of being Communists; it was proven that they never were. Actors, movie directors, and a lot of politicians, lost everything they had because a member of congress decided that they were a Communist. This country is so strong in its belief in freedom and liberty that he cannot believe that the general public will ever give up that right to anyone. The UN has absolutely no authority; they have virtually outlived their usefulness by the mid 1970s. They were a good organization for a while, but they have pretty much outlived their usefulness, but I don't believe they are out there to take over this country by any means. They cannot even control their own operations. If not for the United States, they would be out of business because we pay a huge percentage of the cost of the UN. One person made a comment that people at the UN can do anything they want to and get by with it. Well, any county that has an embassy in our country has diplomatic immunity, which means if they come over here as a diplomat, they can do pretty much anything they want. We can deport them, but we cannot arrest them and send them to jail because they have immunity from that prosecution. If they have an embassy with England or France or any other of approximately one hundred countries that have that same thing. He advised here he is not convinced that ICLEI is the three - headed monster that it has been represented to be. He believes it offers some good; does not believe that it has anything to do with the way we run our county and it never will. No matter how much we talk about ICLEI and how much we use their services or use their methods or their educational tools, they will never tell us how to run the county. This Board has been elected to make those decisions ourselves and if we are not smart enough to know the difference between what's right and what's wrong, then we need to be kicked out. Accordingly, he added he does not believe that getting out of ICLEI is going to change anything one way or another. It's going to make some people happy and some people unhappy. He stated the way he counted the room tonight and he normally does not count votes before he makes a decision, there is a real argument on both sides and everyone has a right to their opinion. He stated he also has a right to his opinion and I respect everyone's opinion out there and hope they respect his right to his own opinion. Supervisor Elswick commented he had one more question for Mr. Goodman or Anne Marie Green. He inquired as to what grants Roanoke County has received 78 January 24, 2012 through RCCLEAR, what happened to the money and who managed it, has it been audited and how was it spent. Mr. Goodman stated we received a grant from the stimulus funds, which was for $372,000, and it has been utilized to pay for some of the improvement that has been done on the County equipment and some funds were used to pay for the residential and commercial energy audits. We can get Mr. Elswick the financial records and everything he would like to see. Supervisor Elswick then inquired if there was a $50,000 grant that Cool Cities managed with Mr. Goodman stating not to his knowledge, but he would check. Supervisor Elswick stated he would also double check where he received the information and made a motion to dissolve Roanoke County's membership in ICLEI. Supervisor Moore made a substitute motion to continue the member in ICLEI. Supervisor Flora inquired of Mr. Mahoney if the Board worked on the substitute motion first and if it passed, the second motion does not exist. Supervisor Flora stated if you vote for the motion, it means Roanoke County stays in ICLEI and if you vote against the motion, it means Roanoke County comes out of ICLEI. The substitute motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora NAYS: Supervisors Church and Elswick IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore thanked Diana Rosapepe, Penny Lloyd and the entire Library Board for all of the hard work on the new South County Library advising it is an incredible new addition to our neighborhood and is an incredible building. She next congratulated the following elementary schools for receiving the Governor's Award for Educational Excellence: Clearbrook, Oak Grove, Bonsack, Glen Cove, Green Valley, Penn Forest and Cave Spring. She reiterated this makes the fourth straight year that Cave Spring Elementary has received the award and the third straight year that it has been awarded to Clearbrook Elementary. Supervisor Moore then invited everyone to come out on February 4, 2012, from 10:00 a.m. until 4:00 p.m. for the "Tons of Fun" event at Tanglewood Mall. It is a great event and staff works very hard in putting this together. She then reminded Roanoke County and Vinton Small business Owners that Roanoke County is giving away free energy checkups. If they own or lease a building that is under 6,000 square feet and you pay your own utility bills and would like to see how you can possibly save forty percent of your utility bills, please contact Jim Vodnik at 387 -6115. Supervisor Church stated he heard a newscast last night that our federal employees owe about $1 billion in unpaid taxes. He stated he finds this to be appalling and unbelievable. This amount includes almost $10 million in House and Congress Staff and other House employees, including the left wing of the White House. There are bills regarding these items which were published by the IRS, but they are all stuck in committees. These include postal workers, federal workers at every level. There are no repercussions for nonpayment; not one person has lost their job. The Directors of all January 24, 2012 79 of our federal agencies get a report annually from the IRS showing the listing of employees. Again, nothing is done. He further added the irony of this is that he and everyone else's taxes pay these peoples salaries. He stated he recalled six or seven years ago, maybe ten that he owed $1,412 and he thought they were going to arrest him before it could be paid, of course he paid but he felt threatened by this. Don't just call and talk to your Senator and Congressman. demand some action on this. This is ludicrous. Again, this is our federal government and they wonder why we are trillions of dollars in debt. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 10:26 p.m. to Wednesday, February 1, 2012, at 6:00 p.m. for a joint meeting with the Roanoke County School Board, Roanoke County Administration Building. Fourth Floor Training Room 5204 Bernard Drive, Roanoke, VA. Submitted by: Approved by: Z 44u4 ( `- 4tiz� C. Jack Clerk to the Board G, O� Richard C. Flora Chairman 80 January 24, 2012 PAGE LEFT BLANK INTENTIONALLY