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)
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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)
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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
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