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HomeMy WebLinkAbout5/8/2012 - RegularMay 8, 2012 269 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of May 2012. 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 taken. Chairman Flora called the meeting to order at 3:00 p.m. The roll call was 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 and Deborah C. Jacks, Clerk to the Board IN RE: OPENING CEREMONIES The invocation was given by Reverend Jacks Richards, Jr. of the Mountain Pass Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the week of May 20 through 26, 2012, as Emergency Medical Services Week in the County of Roanoke (Richard E. Burch, Jr., Chief of Fire and Rescue) Chief Burch explained this is a national event. Chairman Flora presented the proclamation to Battalion Chief Billy Duff. In attendance were Chief Richard E. Burch, Jr.; Battalion Chief Billy Duff; Division Chief Dustin Campbell; Lieutenant Jason Patterson, Paramedic /firefighter Jonathon Wacek; Paramedic /firefighter Fran Gonzalez; Paramedic /firefighter Jeremy Edwards; Firefighter /EMT Patrick English; Firefighter /EMT 270 May 8, 2012 Kurt Kipley and National College student James Maxey. All Supervisors offered their thanks for their service. IN RE: BRIEFINGS 1. Briefing to provide the Board of Supervisors an update on streetlights (Arnold Covey, Director of Community Development) Mr. Covey provided a summary to the Board with an update on streetlights. Supervisor Moore thanked Mr. Covey for going out personally and assisting with the citizens on Merriman Road. Supervisor Altizer inquired within the criteria is there is a limit or cap that Community Development can spend to obtain a streetlight with Mr. Covey responding the light will be located to the nearest transformer. He then asked if the Board was being asked to take the funds out of the unappropriated fund balance or the Board Contingency. Mr. Goodman advised the intent was to take from the Board Contingency Fund; however, what he would recommend would be for staff to review and determine what they can find within the existing budget. The Budget public hearing will be on May 22, 2012, with the final adoption on June 12, 2012. Supervisor Church stated with all due respect he asks that the Board take care of this cost. He further stated the Board did not act equitably on December 11, 2012, and he requested that it be revisited in January and he is glad to see there was an open process. Supervisor Church advised he did not think it was fair for Mr. Covey's office to pay. He recommended that it be paid out of the Board Contingency Fund; this is over and above what Community Development has bargained for. Chairman Flora stated the request is for next year's budget, so it should be incorporated into the budget and Mr. Covey will be relieved of the financial burden. Supervisor Church then asked Mr. Covey if it comes out of his budget next year will something else need to be cut with Mr. Covey responding in the affirmative. Supervisor Church reiterated his recommendation that this be paid for by the Board Contingency Fund. IN RE: NEW BUSINESS 1. Request to adopt the Roanoke County School Budget for the fiscal year 2012 -2013 (Diane D. Hyatt, Assistant County Administrator; H. Odell "Fuzzy" Minnix, Chairman, Roanoke County School Board; Dr. Lorraine Lange, Superintendent of Schools and Penny Hodge, Assistant Superintendent of Finance, Roanoke County Schools) I_QI1+7lI:Ii PZ Ms. Hyatt advised the supervisors that the School Board had approved May 8, 2012 27 this budget on April 26, 2012, and turned the presentation over to Chairman H. Odell "Fuzzy" Minnix, Dr. Lorraine Lange and Penny Hodge who each thanked the Board for the relationship between the two Boards and for their continued support. Ms. Hodge briefly reviewed the highlights from the school budget. All Supervisors offered their thanks to the School Board. There was no further discussion. Supervisor Flora moved to approve the staff recommendation to adopt the School Budget for fiscal year 2012- 2013. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 2. Request to appropriate funds in the amount of $24,400 for the June 12, 2012, Republican Primary Election (Judith Stokes, Registrar) U111- flI:Ii f'l+a Ms. Stokes outlined the request to appropriate funds for the Republican Primary Election on June 12, 2012. There was no discussion. Supervisor Church moved to approve the staff recommendation to appropriate funds for this election. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance amending Chapter 19. - Solicitors and Solicitations, Article II. — Permit for Charitable Solicitations, Section 19 -28. — Permit for Street Solicitation of the Roanoke County Code (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the request for the amendment to the ordinance. There was no discussion. Chairman Flora moved to approve the first reading and established the second reading for May 22, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 272 May 8, 2012 2. Ordinance authorizing the vacation of a 15 -foot public drainage easement as shown on the plat of Section 8, Falling Creek Estates of record in Plat Book 21, page 20 in the Roanoke County Circuit Court Clerk's Office, said public drainage easement being located off Toddsbury Drive between Lots 22 and 23 (now re- subdivided and shown as Lot 22A on a plat of record by instrument #2007- 14385 in the above mentioned Clerk's Office), Vinton Magisterial District (Arnold Covey, Director of Community Development) Mr. Covey outlined the request for the ordinance, which he explained is mostly for housekeeping purposes. There was no discussion. Supervisor Altizer moved to approve the first reading and establish the public hearing and second reading for May 22, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IN RE: SECOND READING OF ORDINANCES Ordinance approving the lease of the residential dwelling at Camp Roanoke (Tax Map No. 83.00- 01 -16) in the Catawba Magisterial District owned by the Board of Supervisors (Doug Blount, Director of Parks, Recreation and Tourism) Mr. Blount explained this is the second reading of this ordinance and provided a brief outline. He noted there were no changes from the first reading. There was no discussion. ORDINANCE 050812 -3 APPROVING THE LEASE OF THE RESIDENTIAL DWELLING AT CAMP ROANOKE (TAX MAP NO. 83.00- 01 -16) IN THE CATAWBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of land containing eighty -five point zero five (85.05) acres, being located in the Catawba Magisterial District and designated on the Roanoke County Land Records as Tax Map No. 83.00- 01 -16, which is identified as Camp Roanoke; and WHEREAS, a residential dwelling is located in Camp Roanoke with an address of 6498 Dry Hollow Road, Salem, Virginia 24153; and May 8, 2012 273 WHEREAS, it would serve the public interest for the County to have the residential dwelling occupied and maintained by the camp manager of Camp Roanoke; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on April 24, 2012; and the second reading and public hearing was held on May 8, 2012. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows 1 . That the County Administrator or his designee is hereby authorized to execute a lease agreement with Greg Martin for the residential dwelling having the address of 6498 Dry Hollow Road, Salem, Virginia 24153, from and after May 8, 2012, and shall continue until Greg Martin is no longer employed by Roanoke County as camp manager for Camp Roanoke, for a monthly rental of $400 to be paid into the Camp Roanoke Fee Class Account to be used for maintenance and repairs of structures at Camp Roanoke. 2. That the County Administrator or his designee is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 2. Ordinance authorizing the granting of a non - exclusive ten (10) foot wide easement to Lumos Networks on property owned by the Roanoke County Board of Supervisors (Tax Map No. 027.13 -04- 01.00) for the purpose of an underground communications system (Anne Marie Green, Director of General Services) Ms. Green outlined this is the second reading of this ordinance and there have been no changes since the first reading. There was no discussion. ORDINANCE 050812 -4 AUTHORIZING THE GRANTING OF A NON - EXCLUSIVE TEN (10) FOOT WIDE EASEMENT TO LUMOS NETWORKS ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 027.13 -04- 01.00) FOR THE PURPOSE OF AN UNDERGROUND COMMUNICATIONS SYSTEM 274 May 8, 2012 WHEREAS, Lumos Networks has requested a ten (10) foot wide easement for the purpose of installing underground communications systems cables, wires and terminals across property owned by the Roanoke County Board of Supervisors (Tax Map Parcel No. 027.13 -04- 01.00) known as 7401 Barrens Road, Roanoke, Virginia; and WHEREAS, granting this non - exclusive, utility easement will serve the interests of the public by supporting the purposes of Ordinance No. 102604 -7 by which Roanoke County authorized a lease agreement with Virginia PCS Alliance, L.C. d /b /a INTELOS for a 3,400 sq. ft. tower site and tower, which authorized sub - leases and co- location of antennas on said tower located at the Hollins Fire Station; and WHEREAS, pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition only by ordinance, and that the first reading of this ordinance was held on April 24, 2012, and that the second reading and public hearing was held on May 8, 2012; and WHEREAS, pursuant to the provision of Section 16.01 of the Roanoke County Charter this interest in real estate is declared to be surplus, and is hereby made available for other public uses by conveyance to Lumos Network for a non - exclusive utility easement. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows 1 . That the conveyance of a ten (10) foot wide non - exclusive, utility easement to Lumos Networks for the purpose of constructing, operating, maintaining, replacing and removing a communication system consisting of underground cables, wires and terminals as shown on a plan prepared for Lumos Networks dated January 24, 2012, titled "Fiber Route Requiring Easement" by C. Theimer is hereby authorized and approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance is effective from and after the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IN RE: APPOINTMENTS 1. Parks, Recreation and Tourism Advisory Commission (appointed by District) May 8, 2012 275 Joseph B. "Butch" Church has recommended the re- appointment of Larry Peterson and Donna Wooldridge to represent the Catawba District for an additional three -year term to expire on June 30, 2015. Confirmation of these appointments has been added to the Consent Agenda. IN RE: CONSENT AGENDA RESOLUTION 050812 -5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for May 8, 2012, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8 inclusive, as follows 1 . Approval of minutes — March 27, 2012; April 3, 2012 2. Request to approve a resolution and accept and appropriate $232,833 each year for fiscal years 2012 -13 and 2013 -14 from the Department of Juvenile Justice for the Virginia Juvenile Community Crime Control Act (VJCCCA) grant 3. Request to approve a Memorandum of Agreement between The Virginia Department of Juvenile Justice and the County of Roanoke for supervision of county employees working in the Life Skills Mentoring Program in conjunction with the Court Service Unit 4. Request to accept and appropriate a Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts 5. Request to accept and appropriate funds in the amount of $1,000 to the Roanoke County Public Schools 6. Confirmation of appointments to the Parks, Recreation and Tourism Advisory Commission (appointed by District) 7. Request to accept and appropriate funds in the amount of $105,029.33 from the Virginia Department of Health, Office of Emergency Medical Services (EMS) to purchase training equipment 8. Request to accept and appropriate funds in the amount of $5,000 from City of Roanoke for Save A Ton Campaign On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora 276 May 8, 2012 NAYS: None RESOLUTION 050812 -5.a TO APPROVE PARTICIPATION IN AND CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT (VJCCCA) GRANT FOR FISCAL YEARS 2012 -2013 AND 2013 -2014 AND TO ALLOW PARTICIPATION BY THE CITY OF SALEM WHEREAS, the County of Roanoke has participated in the Virginia Juvenile Community Crime Control Act (VJCCCA) program in the past allowing the Court Service Unit to provide direct services, treatment programs, substance abuse services and probation activities associated with the Juvenile Court; and WHEREAS, through the Life Skills Mentoring Program of Roanoke County's Court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services; and WHEREAS, the Court Services Unit of the Juvenile Court serves the youth of both the County of Roanoke and the City of Salem; and WHEREAS, the Court Services Unit desires to provide services through the Life Skills Mentoring Program to serve the youth of both the County of Roanoke and the City of Salem utilizing the funding from the VJCCCA grant and other appropriate funds. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County will participate in the Virginia Juvenile Community Crime Control Act for fiscal years 2012 -2013 and 2013 -2014 and will accept said funds, appropriating them for the purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing, that it no longer wishes to participate in the program. BE IT FURTHER RESOLVED that the County Administrator or the Assistant County Administrator is hereby authorized to execute a local plan on behalf of the County of Roanoke and City of Salem; and BE IT FURTHER RESOLVED that the County of Roanoke will combine services and grant resources with the City of Salem, and the County, as operator of the Life Skills Mentoring Program, will serve as fiscal agent for these localities. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A- 050812 -5.b A- 050812 -5.c A- 050812 -5.d A- 050812 -5.e May 8, 2012 277 A- 050812 -5.f A- 050812 -5.g IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke: Mr. Noah Tickle of 1602 Frosty Lane in Salem, Virginia stated he has been a Roanoke County resident since 1956. He advised the last time he mentioned the five paths UN NGOs Sustainablists are using to transform the United States from land of the brave to pen of the slave. Here is one: Wildlands Project, one of ICLEI's partners. Dave Foreman, formerly of the Wilderness Society and the Nature Conservancy, first dreamed up Earth First!, the club of eco- terrorists, then decided to play "grown up" and along with Arne Naess (Norwegian deep - ecologist), drew up the plans to re -wild North America. He was playing at being grown up because no sane, reasoning person would want to take civilization back to a primitive stage. The Wildlands Project literally calls for the "re- wilding" of 50% of all the land in every state -back to the way it was before Christopher Columbus set foot on this land. In 1983, when Foreman first dreamed up the scheme for the Wildlands Project, he said: "It is not enough to preserve the roadless, undeveloped country remaining. We must re- create wilderness in large regions: move out the cars and civilized people, dismantle the roads and dams, reclaim the plowed lands and clear cuts, -- reintroduce extirpated species." That's UN NGO AGENDA 21 and ICLEI folks. In order to re -wild America, the people must go somewhere else. They must be driven from their farms and rural homes (and even cabins) and crammed into cities, in "Newspeak ", human settlements. Human settlements is a much more descriptive word for the globalists plans than cities, as cities as we know them will be mutated into holding areas for great numbers of human beings. Hear me on smart growth at another time. That's UN NGO AGENDA 21 and ICLEI folks. The Wildlands Project (the product of a very disturbed mind) actually became the blueprint for the UN's Biodiversity Treaty. So now we have an eco- warrior's sick idea of Utopia becoming the prototype for international re- wilding of the world and it has the power of law. What kind of person gleefully says "Isn't the only hope for the planet that the industrial nations collapse? Isn't it our responsibility to bring that about ?" That was big boy Maurice Strong basically praising Foreman's folly at the Earth Summit. This is why anti - Liberty ICLEI and its partners must go. De -fund ICLEI, please. Mr. Bill Gregory of 3312 Pamlico Drive in Roanoke County stated this discussion over whether Roanoke County should remain in ICLEI has gone on long enough. No one cares if an all volunteer organization like RCCLEAR exists as long as the County is not funding ICLEI and allowing County employees to waste our tax dime on this carbon scam. Continued membership in ICLEI is like defending that pig with lipstick; it is a pig no matter how you dress it up. This Board is fully aware of ICLEI's ties to the United Nations. ICLEI USA is nothing but a spinoff of ICLEI global and done 278 May 8, 2012 for legal purposes in 2003; that purpose was to avoid conflict with the US Constitution in Article 1, Section X. The Board is in fact contracting with a foreign entity by proxy. Are you comfortable in the knowledge that you are supporting a United Nations program? The United Nations does not have the best interests of the United States in mind. He stated he is asking the Board to bring this back up for a vote and do the right thing by getting out of ICLEI. Thank you. IN RE: REPORTS Supervisor Altizer 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 4. Reports of Claims Activity for the Self- Insurance Program IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore stated she wished every mother a very wonderful, happy mother's day. Supervisor Elswick stated he would like to recommend that everybody here and those listening on television to get a copy of the last Roanoker magazine. It has a photo of Carol Willoughby on the front and this is a citizen who saw a need for service dogs in Roanoke County and took action to make sure that things happened and the money was raised and tries to provide service dogs for those people who need them. We should applaud those kinds of things. Of any place that he has lived or any state he has lived in, Roanoke County has more volunteers and more good people than any other place that he has lived. He stated he thinks we should be proud of that and remind ourselves everyday that we have those kinds of people living in Roanoke County and let's keep it that way. IN RE: WORK SESSIONS 1. Work session to review fiscal year 2012 -2013 budget development (W. Brent Robertson, Director of Management and Budget) In attendance for this work session were B. Clayton Goodman III, County Administrator; W. Brent Robertson, Director of Management and Budget and Anne May 8, 2012 279 Marie Green, Director of General Services. Mr. Goodman gave a brief introduction and turned the meeting over to Mr. Robertson who provided a brief update and advised there were no noticeable changes. This work session was held from 4:11 p.m. until 4:32 p.m. Supervisor Moore recommended that under the "freeloader" at General Services that it be leased for two days and adds an additional $50 per day for the third day. Therefore, it would be fairer to the people who have it on the weekends or during the week. For example, it would be dropped on Monday, Wednesday and then Friday. If anyone wanted to lease an additional day for $50 during the week would be fairer. Mrs. Green asked for further clarification with Supervisor Moore stating it would be $150.00 for the weekend. Ms. Green advised one of the ways she was going to save money was because she would not have to be delivering it as often and by doing it this way it may be delivering more and therefore would not save as much funds. She further advised at this point she was not sure if it would be rented. Ms. Green added she has had a meeting with the Treasurer and IT to be able to accept credit cards. Chairman Flora stated he did not have a problem, but was not sure he understood. Ms. Green stated the original proposal was to rent for three days, Monday through Thursday or Friday through Monday. With this change, it will be $150 for three days instead of $100. 2. Work session on the County's Legislative Program and preparation for the 2013 Session of the Virginia General Assembly (Paul M. Mahoney, County Attorney; Eldon James, Roanoke County's Legislative Liaison) In attendance for this work session was Paul Mahoney, County Attorney and Eldon James, Roanoke County's Legislative Liaison. The work session was held from 4:33 p.m. until 5:26 p.m. Mr. Mahoney advised 2012 was a successful legislative year: urban development — became optional, uranium mining, language on synthetic marijuana, expanded membership of the Economic Development Authority; the transient occupancy fee with Mr. James spending most of his time on the transient occupancy fee with Landon Howard at the Convention and Visitors Bureau (CVB). He advised he applauded the CVB for the work that went into it. He explained he would like to brainstorm with the Board to see what initiatives the Board is thinking of for next year. He advised that this year's session was not over and would be back in session on Monday to discuss the Governor's amendments. Mr. James advised that one item that could impact the Roanoke Valley is the Governor's reduction of funding for the area agencies on aging by $2.5 million over the biennium. He advised this money was put in by the assembly and is an exercise that is done every ten years due to federal law to "reshuffle" based on the census data, i.e. the number of older Americans, defined as sixty (60) and over. The number of low - income seniors is growing. The problem is how fast the number is growing relative to 280 May 8, 2012 other areas of the State. When the numbers were first looked at the League of Older Americans (LOA) was going to lose $216,000 for programs like home - delivered meals, in -house care, transportation services. The network of twenty -five (25) agencies on aging got together and tried to formulate a plan to ask the State to backfill so that that the twelve (12) of the twenty -five (25) that were going to lose money would be held harmless. The General Assembly has backfilled in the past to make sure that does not happen. However, the Governor pulled the money out to fund other things that he wanted to fund and some of the things being funded are things that he had put in his original budget that the assembly rejected. Conversations have been held with the delegation and staff to make them aware of the issue and it is hoped that particular amendment will be rejected. The Board may want to weigh in with their members because it is reasonable to expect that if LOA has to take that kind of a hit, they may come back and ask for some portion of that. There are some other amendments, a language amendment for CSA, which puts a cap on some of the wraparound services. They will be seeking to have this amendment rejected as well; it is hard to quantify what Roanoke County's impact would be, but it would impact services for some of the most problematic children in the program. Mr. Mahoney advised the items that he would suggest are as follows: taxing authority is not a popular issue, but knows that a lot of citizens are concerned about the continued pressure on the real estate tax rate, so if an expanded authority can be achieved whether it is meals, or tobacco tax, which he stated does not feel will go very far. Next, several Board members had suggested the possibility of trying to change State law or at least the County charter to allow the School Board to have taxing power. Supervisor Church asked Mr. James to discuss more in detail. Mr. James responded when the State code was changed to give localities the option to have elected School Boards, it was noted that the next thing would be to give them taxing authority. He stated he thinks it is a reasonable policy question to put before the assembly. To have a governing, decision making body that only controls one side of the ledger and is not responsible for the other side can be made into an argument, but it is the call of the Board. Supervisor Church commented it would give a whole new take on running for School Board. Chairman Flora stated he was not sure that VACo and VML would support. Chairman Flora suggested that it be proposed the assembly do a study to determine the feasibility of a taxing authority for School Boards; that way they can take a couple of years and study it and make a report back. It is hard to deny a study. Mr. James commented it is harder to get a study done now than it used to be because there is a cost attached to conducting a study. The first thing to discuss in looking at that would be whether it is a joint legislative study or a special study to include legislators and others (local officials). Is it a JLARC study? What the assembly likes to do is to assign them to agencies. He does not see this as fitting with an agency. If you introduce a bill, you cannot amend the bill into a study after the session starts; but you can introduce both and see what happens. You could prefile the bill so that it comes up really quick and then you wait until the last day of filing to file the resolution May 8, 2012 281 and maybe there is at least a subcommittee hearing so you can find out who the players are and where they stand. Supervisor Elswick asked the status on devolution. Mr. Mahoney stated he sees devolution happening, however, several of the Governor's initiatives were killed this year. Supervisor Elswick inquired why the Governor is pushing this with Mr. James explaining it is a short -term way out for the State in terms of funding. Mr. James advised there has been no solidifying on what the deal would be, but conceptually a portion of the revenue collected by the State would be turned over based on some formula of lane miles that would come back to support it. No -one believes that will cover all of the localities costs, so what is the delta and how big is it. Mr. Goodman advised when the legislators were here and using the Virginia Department of Transportation's website on devolution, they projected $10 million in start -up costs and an additional cost to Roanoke County of about $8 million. Mr. James stated when they started looking at the costs back to their constituents; it became a little scary for them. Supervisor Altizer advised he felt it was politically charged, but he thinks they know if they go to dump $10 million worth of expenditures on Roanoke County which would result in Roanoke County having to raise taxes, he thinks our area delegation would know that Roanoke County would send all inquiries to them that would cause an uprising of County government in the State of Virginia. Mr. James stated that they are worried about an uprising of the tax - paying public. This issue will continue until there is a Statewide consensus on a Statewide solution. Mr. Mahoney raised the issue of having transportation districts. Staff feels they need to plan and prepare for it, but it will be a huge undertaking. Mr. James advised he felt it was important that each time they meet with legislators between now and the 2013 session to stress if they continue down the path of secondary road devolution here are the impacts to Roanoke County so that the data is not being introduced at the General Assembly when they do not have time to hear. Supervisor Elswick stated he felt it should be farmed out to local contractors and raise taxes on gasoline because they are the people who are using the roads. Supervisor Altizer stated he agreed with part of what Supervisor Elswick said, but VDOT cannot even hire enough contractors to plow our roads now. He explained it would be a hybrid type system if the County takes over. Every year highway transportation gets worse and worse. There is a day coming when they can no longer bury their head in the sand on transportation, they are going to be forced to make some hard decisions. Mr. James explained within this decade there will no longer be any money for capital projects. Supervisor Elswick asked if the subject of devolution was ever brought up before Governor McDonnell with Mr. James saying there was legislation on the books for localities who were interested in exploring it and Stafford County had actually began negotiations and their Board backed out. Mr. Mahoney remarked there were a number of legislators who believe that much of the secondary road problem is the fault of the locality because Counties have approved so many residential subdivisions and did not control growth or development and therefore it is the localities fault there are no many 282 May 8, 2012 lane miles of secondary roads in the Commonwealth. Mr. James remarked it was considered an unfunded mandate on the State by the localities. Mr. Mahoney then advised there had been some movement by the General Assembly to free localities from having to publish in the newspaper legal ads. Roanoke County spends from $18,000 to $20,000 a year in legal ads. It was the consensus of the Board to move forward with that initiative. Next, Mr. Mahoney advised another item would be to remove the interest on refunds if the mistake was not a Roanoke County mistake, but tax payers mistake. It was the consensus of the Board to move forward with this item. Mr. Goodman advised Supervisor Moore had requested that opposition to bath salts be added with Mr. James advising it was already being addressed. Mr. Mahoney advised another area that Mr. James had worked on with other localities that he believed would eventully affect Roanoke County is the alternative on -site sewage disposal systems. Mr. James explained the Attorney General had handed down an opinion earlier this year to clarify the issue as well as other studies. He advised these systems can clean wastewater far better than conventional septic system if you have three (3) things: designed right, built and installed right and maintained. If you miss any of the three (3), the output can be far worse than conventional septic systems. The key is to have a system that incorporates all three. The localities had their powers taken away because it needs to be a Statewide program. Currently, there is a system of State oversite that is not complete. If there is a failure today, it is not always clear that is going to get fixed. The State has the authority to come in and make the individual homeowner do something, but if they do not have the funds, what is the State going to do? Another issue is financial security, if there is a failure and it is bank -owned and the bank walks, what will be done with the mess. The County today does not have any options. The study group will be discussing these issues. Supervisor Altizer stated he also agreed with Special Police Officers, authorized to serve criminal process and he advised it really makes a lot of sense when there is a prisoner in the regional jail and Roanoke County has to take a Police Officer off the road to serve the person when there is a virtual police officer already inside the building. He also realizes the Sheriff's Association will have a problem with this issue. Mr. James advised if Roanoke County is going to do that they need to start as soon as possible working with the Sheriff's Association in trying to come up with something they can live with. On something like this, the assembly gives them veto power. Supervisor Altizer asked with regard to a foreclosed house where the home is in total disrepair and people walked away and the mortgage company leaves the house titled in the former homeowners and they escape responsibility to Roanoke County. Since they are not the legal owner and the people who have been long gone. What kind of legislation from a State standpoint that on foreclosed property the mortgage company can be held responsible. Mr. James advised he did not have an answer. Mr. Goodman advised under certain codes the property can be maintained and May 8, 2012 283 secured to a certain point and then a lien is placed on the property. Chairman Flora advised hopefully it would be considered a blight and a lien would be placed on the property. Mr. Mahoney advised he would like additional feedback from the Board and would like to set up appointments in mid to late June with the local legislators, outline what the Board's initiatives are and begin the discussion. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 5:26 p.m. Submitted by: 1 Gc � i • D-•• Clerk t o the :•. • Approved by: r Richard C. Flora Chairman 284 May 8, 2012 PAGE LEFT BLANK INTENTIONALLY