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HomeMy WebLinkAbout6/12/2012 - RegularJune 12, 2012 319 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 June 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; 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 Greg Fleshman of Mount Union Church of the Brethren. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation commemorating the fiftieth (50 anniversary of Brookside Par 3 golf course in the Roanoke Valley (Jill Loope, Acting Director of Economic Development) In attendance to receive the proclamation was Milt and Diana Crandall, managers of Brookside. All Supervisors offered their congratulations. 320 June 12, 2012 IN RE: NEW BUSINESS 1. Request to adopt a Resolution to Virginia Retirement System (VRS) approving the employer contribution rate option for the defined benefit plan for the biennium beginning July 1, 2012 (Diane D. Hyatt, Assistant County Administrator) Ms. Hyatt outlined the request. There was no discussion. RESOLUTION 061212 -1 TO VIRGINIA RETIREMENT SYSTEM (VRS) APPROVING THE AMOUNT OF MEMBER CONTRIBUTIONS THAT EMPLOYEES WILL PAY BEGINNING JULY 1, 2012 WHEREAS, the Roanoke County 55180 employees who are Virginia Retirement System members who commence or recommence employment on or after July 1, 2012, ( "FY2013 Employees" for purposes of this resolution), shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414(h) on a pre -tax basis upon commencing or recommencing employment; and WHEREAS, the Roanoke County 55180 employees who are Virginia Retirement System members and in service on June 30, 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414(h) on a pre -tax basis no later than July 1, 2016; and WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one percent of their creditable compensation beginning on each July 1 of 2012, 2013 2014 2015 and 2016, or until the employees' contributions equal five percent of creditable compensation; and WHEREAS, the Roanoke County 55180 may elect to require such employees in service on June 30, 2012, to contribute more than an additional one percent each year, in whole percentages, until the employees' contributions equal five percent of creditable compensation; and WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an increase in total creditable compensation, effective July 1 2012, to each such employee in service on June 30, 2012, to offset the cost of the member contributions, such increase in total creditable compensation to be equal to the difference between five percent of the employee's total creditable compensation and the percentage of the member contribution paid by such employee on January 1, 2012. BE IT THEREFORE RESOLVED, that Roanoke County 55180 does hereby certify to the Virginia Retirement System Board of Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 June 12, 2012 32 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2012 (i.e., FY2013): Type of Employee Employer Paid Member Contribution Employee Paid Member Contribution Plan 1 0% 5% Plan 0% 5% FY2013 Employees 0% 5% (Note: Each row must add up to 5 percent.); and BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to be made by the Roanoke County in lieu of member contributions; and BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and BE IT FURTHER RESOLVED, that member contributions made by the Roanoke County under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by the Roanoke County directly instead of having them paid to VRS; and BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each member of VRS who is an employee of the Roanoke County shall be reduced by the amount of member contributions picked up by the Roanoke County on behalf of such employee pursuant to the foregoing resolutions. NOW, THEREFORE, the officers of Roanoke County 55180 are hereby authorized and directed in the name of the Roanoke County to carry out the provisions of this resolution, and said officers of the Roanoke County are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the Roanoke County for this purpose. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 2. Request to adopt a Resolution to Virginia Retirement System (VRS) approving the amount of member contributions that employees will pay beginning July 1, 2012 (Diane D. Hyatt, Assistant County Administrator) 322 June 12, 2012 Ms. Hyatt outlined the request. There was no discussion. RESOLUTION 061212 -2 TO VIRGINIA RETIREMENT SYSTEM (VRS) APPROVING THE EMPLOYER CONTRIBUTION RATE OPTION FOR THE DEFINED BENEFIT PLAN FOR THE BIENNIUM BEGINNING JULY 1, 2012 BE IT RESOLVED, that the Roanoke County 55180 does hereby acknowledge that its contribution rates effective July 1, 2012, shall be based on the higher of a) the contribution rate in effect for fiscal year (FY) 2012, or b) seventy percent (70 %) of the results of the June 30, 2011, actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2012 -2014 biennium (the "Alternate Rate ") provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1 - 145(1) resulting from the June 30, 2011, actuarial value of assets and liabilities (the "Certified Rate "); and BE IT ALSO RESOLVED, that the Roanoke County 55180 does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2012: (Check only one box) ❑ The Certified Rate of % X The Alternate Rate of 10.05 % ; and BE IT ALSO RESOLVED, that the Roanoke County 55180 does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the officers of Roanoke County 55180 are hereby authorized and directed in the name of the Roanoke County to carry out the provisions of this resolution, and said officers of the Roanoke County are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the Roanoke County for this purpose. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 3. Request to authorize execution of an updated contract with the Unified Human Services Transportation System, Inc. to provide the CORTRAN services for Roanoke County July 1, 2012 through June 30, 2013 (Laurie L. Gearheart, Assistant Director of Finance) June 12, 2012 323 A- 061212 -3 Mr. B. Clayton Goodman III, County Administrator outlined the request and the contract. There was no discussion. Supervisor Church commended Laurie Gearheart, Assistant Director of Finance and Terrie Cochran, Executive Assistant for their hard work on the CORTRAN program. Supervisor Altizer moved to approve the staff recommendation. 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 approving a Telecommunications and Facilities Licensing Agreement with Cox Communications at the Social Services Building, 220 East Main Street, Salem, VA (Due to time constraints, it is requested that, upon a four - fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure.) (Anne Marie Green, Director of General Services) Ms. Green explained the ordinance and the need to waive the second reading due to staffing issues. The agreement will be for $14.00 per square foot or $75.00 per month. ORDINANCE 061212 -4 APPROVING A TELECOMMUNICA- TIONS AND FACILITIES LICENSING AGREEMENT WITH COX COMMUNICATIONS AT THE SOCIAL SERVICES BUILDING, 220 EAST MAIN STREET, SALEM, VA WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several parcels of land, containing .68 acre, located at 220 East Main Street in the City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106- 13 -6, #106 -13 -2, and #106 -13 -1, now known as the Social Services Building in Salem (formerly referred to as the Salem Bank and Trust Building); and, WHEREAS, said property was purchased on May 15, 2001, subject to leases with the County of Roanoke to provide office space for the Department of Social Services (DSS) and Blue Ridge Behavioral Health Care on the third, fourth, and fifth floors of the building, and subject to a number of commercial leases for the first and 324 June 12, 2012 second floors of the building and a rooftop for antenna space with Ohio State Cellular Phone Company, Inc. (US Cellular) (dated November 20, 1998); and WHEREAS, Cox Communications (Cox) has been requested to provide backup data communications to US Cellular requiring the installation by Cox of communications equipment and fiber in the basement and walls of the Social Services Building; 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 June 12, 2012; and the second reading of this ordinance has been dispensed with since an emergency exists, upon a 4 /5ths vote of the members of the Board. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of approximately four (4) square feet of wall space in the basement of the Social Services Building located at 220 East Main Street, Salem, Virginia, to Cox Communications for an initial lease term of five (5) years from the date of execution by both parties, at an initial annual rental of seventy five dollars ($75.00) per month is hereby authorized and approved. Cox Communications will be responsible for and will pay for any necessary electric service directly to the City of Salem. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County 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 the funds generated by this lease shall be placed in the Social Services Building (Salem Bank and Trust Building) revenue account. 4. 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 Cox Communications 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 the ordinance and the need for the easement. Chairman Flora moved to approve the first reading and establish the second reading June 12, 2012 325 and public hearing for June 26, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 3. Ordinance amending the Roanoke County Code by the adoption of a new Section 2 -11 authorizing the assessment and recovery of costs against responsible parties for actions taken to protect the public health, safety and welfare (Paul M. Mahoney, County Attorney) Mr. Mahoney explained the need for the ordinance and noted the corrective actions are due to current economic conditions and wants to make sure the tax payers are not on the hook for these correction actions. Supervisor Elswick inquired about the section regarding the costs will not exceed $1,000. Mr. Mahoney outlined there are only a narrow range of activities in Section 17.16.1 and is mandated by the General Assembly. Supervisor Elswick then inquired who determined whether the property is a public nuisance or a public safety issue with Mr. Mahoney responding the Board of Supervisors. Supervisor Elswick stated he would like to see some follow -up, there is a piece of property in Clearbrook that was supposed to have been demolished, but is still standing. He indicated staff should come back to the Board and have the responsibility to make sure the ordinances are enforced. There was no further discussion. Chairman Flora moved to approve the first reading and establish the second reading and public hearing for June 26, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 4. Ordinance to accept the donation from Doris Moran of four (4) parcels of land identified as Tax Map Parcels 064.02- 01 -17, 18, 19 and 20 on Poor Mountain Road (Diane D. Hyatt, Assistant County Administrator) Ms. Hyatt advised the County was contacted by Ms. Moran to donate this property along the Roanoke River. She advised the property is assessed at $1,600 and Roanoke County owns the property on either side. There are no environmental concerns. There was no discussion. Supervisor Elswick moved to approve the first reading and establish the second reading for June 26, 2012. The motion carried by the following recorded vote: 326 June 12, 2012 AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution approving and adopting the recommendation of the Roanoke County Bonding Committee declaring the developer Al M. Cooper Construction, Inc. to be in default under the Cardinal Meadows (Catawba Magisterial District) "Developer's Site Development Agreement" and "Erosion and Sediment Control Agreement" (Tarek Moneir, Deputy Director of Development) Mr. Moneir outlined the reason for the request for default. Mr. Moneir then asked that the item be dismissed as the developer has fulfilled all his obligations. Chairman Flora asked Mr. Moneir if he understood that the agreements referred to in the ordinance have now been complied with. Mr. Moneir responded in the affirmative. Supervisor Church thanked Mr. Moneir and Mr. Covey's office for their continued work on Cardinal Meadows. He stated he recognized Larry Gardner and Joe Siederick who were in the audience. He advised he has visited the property and all improvements have been completed. He then proceeded to ask Mr. Moneir to discuss the Homeowners Association (HOA). Mr. Moneir advised the agreements would be between the home owners and the developer and staff does not get involved in these agreements. Supervisor Church asked if the developer would be Mr. Fralin since another developer has taken over with Mr. Moneir responding it would be Mr. Cooper. Mr. Cooper has sold some of the properties to Mr. Fralin, who would be considered either an investor in the development or homeowner. Supervisor Church then asked Mr. Moneir to check into the pieces of cement behind the main sign and to coordinate with Mr. Gardner. Supervisor Church then inquired what is next with Mr. Moneir advising staff is currently reviewing the as -built plans to make sure they match the plans submitted earlier, the germination of the grass surrounding the stormwater management pond and thereafter release the bond and consider the development as complete. Chairman Flora asked Mr. Mahoney what action the Board needed to take to make this go away. Mr. Mahoney responded that he would request the Board adopt a motion to dismiss the resolution and close the public hearing. Supervisor Altizer asked if the fence has been completed with Mr. Moneir responding in the affirmative. Supervisor Elswick stated instead of dismissing the resolution could the Board postpone ruling on the resolution. Mr. Moneir responded all the items have been completed. The confusion is the report was prepared before the completion and all the deficiencies have been completed. June 12, 2012 327 Chairman Flora opened the public hearing and the following citizen spoke: Larry Gardner advised he has been in Cardinal Meadows almost four (4) years and in that four (4) years Al Cooper has come right down to the line every time. He has to be forced to get something done. Yes, there has been improvement but there are still improvements that need to be done. The concrete, cement blocks, behind the Cardinal Meadows sign could be a well and it needs to be addressed. There are still homes that are being constructed by Mr. Cooper that have been under construction for a year and a half. The taxpayers that live out there should be able to live in a development a lot more completed than this one is. He is still not happy, he still thinks there are improvements that need to be done and he does not think this item should be closed until he has complied with everything. Supervisor Church moved to dismiss the bond revocation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2- 1414.3 of the Code of Virginia (Paul M. Mahoney, County Attorney) Mr. Mahoney advised there were no changes from the first reading on May 22, 2012. Chairman Flora opened and closed the public hearing. There were no citizens to speak on this issue. Supervisor Moore commented if there were thousands of dollars' worth of increases for each Board member, she would certainly say no. She added that is not the case and Board members do spend time traveling to and from meetings and would help with a few tanks of gas over the years. ORDINANCE 061212 -5 TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 15.2- 1414.3 OF THE CODE OF VIRGINIA 328 June 12, 2012 WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the procedure for increasing their salaries; and WHEREAS, Section 15.2- 1414.3 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members at $16,585.86 by Ordinance 052708 -20 and further has established the additional annual compensation for the Chairman for the Board to be $1,800 and for the Vice - Chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five percent (5 %); and WHEREAS, the first reading on this ordinance was held on May 22, 2012; the second reading and public hearing will be held on June 12, 2012. NOW THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of three percent (3 %) pursuant to the provision of Section 3.07 of the Roanoke County Charter and Section 15.2- 1414 -3 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $17,083.44 for members of the Board. In addition, the Chairman of the Board will receive an additional annual sum of $1,800 and the Vice - Chairman of the Board will receive an additional sum of $1,200.00 This ordinance shall take effect on July 1, 2012. On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Flora NAYS: Supervisor Altizer ABSENT: None Supervisor Altizer remarked that since the ordinance has passed he would like to donate his increase to the Prevention Council of Roanoke earmarked for education about synthetic drugs and marijuana. IN RE: ADOPTION OF PROPOSED BUDGET AND SECOND READING OF ORDINANCE 1. Resolution adopting the fiscal year 2012 -2013 budget, including the fiscal years 2013 -2017 Capital Improvement Plan, for Roanoke County, Virginia (W. Brent Robertson, Director of Management and Budget) June 12, 2012 329 Mr. Robertson outlined the resolution to adopt the fiscal year 2012 -2013 budget, including the fiscal years 2013 -2017 Capital Improvement Plan. He notes there were two changes from the first reading to include the School Board revised budget of a $350,000 increase approved by the Board on May 22, 2012 and $175,000 was added to the internal Services Fund for Risk Management for workers compensation. He indicated there was one technical change in the Classification Plan to reflect the changes in the pay ranges 37 -40; director level and above. There was no discussion. Supervisor Church commended Supervisor Altizer for donating his raise to a particular fund and asked Mr. Mahoney if this can be done for future years. He stated it would be an ideal thing and could it be done. Mr. Mahoney responded if an individual Board member makes a decision to donate a portion of their salary to a charitable organization that is a personal item that each member must determine. RESOLUTION 061212 -6 ADOPTING THE FISCAL YEAR 2012- 2013 BUDGET, INCLUDING THE FISCAL YEAR 2013 -2017 CAPITAL IMPROVEMENT PLAN FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2 -2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2 -2506 of the State Code, and the public hearing as required thereon was held on May 22, 2012. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for fiscal year 2012 -2013 for Roanoke County, Virginia, as shown on the attached schedules. 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 330 June 12, 2012 County of Roanoke Adopted FY 2012 -2013 Budget June 12, 2012 Revenue Estimates Amount General Fund General Government General Property Taxes $ 118,500,000 Local Sales Tax 9,925,000 Telecommunications Tax 3,713,000 Business License Tax 6,075,000 Bank Franchise Tax 525,000 Utility Consumer Tax 3,665,000 Motor Vehicle License Tax 2,175,000 Recordation/Conveyance Tax 1,200,000 Meals Tax 3,965,000 Hotel/Motel Tax 700,000 Other Local Taxes 666,000 Permits, Fees & Licenses 476,560 Fines and Forfeitures 760,400 Interest Income 189,100 Charges for Services 3,397,433 Commonwealth 8,566,271 Federal 3,275,000 Other 1,968,913 Total General Government $ 169,742,677 Communications & Information Technology 7,654,599 Comprehensive Services 6,127,799 Law Library 27,175 Public Works Projects 183,215 S B & T Building 444,580 Recreation Fee Class 5,223,131 Police Special Programs 1,000 Criminal Justice Academy 149,410 Fleet Service Center 2,744,160 Total General Fund $ 192,297,746 Debt Service Fund - County 8,014,064 Capital Projects Fund 3,474,987 Internal Service Fund 1,553,859 School Operating Fund 132,912,485 School Nutrition Fund 5,791,000 June 12, 2012 331 School Debt Service Fund 14,158,141 School Grants Fund 5,234,216 School Capital Fund 824,000 School Textbook Fund 947,592 School Bus Fund 325,000 School Laptop Insurance Reserve 358,600 Total Revenues All Funds $ 365,891,690 Less: Transfers (107,692,864) Total Net of Transfers $ 258,198,826 Proposed Expenditures Amount General Fund General Government General Administration $ 2,950,126 Constitutional Officers 13,403,274 Judicial Administration 860,732 Management Services 3,233,436 Public Safety 24,600,401 Community Services 11,188,569 Human Services 18,303,901 Non - Departmental 11,312,434 Transfers to School Operating Fund 64,006,726 Transfers to School Insurance - Dental 477,299 Transfers to (from) Capital Fund (1,631,181) Transfers to Debt Service Fund 17,434,414 Transfer to Public Works Projects 183,215 Transfer to Comprehensive Services 2,253,000 Other 1,166,331 Total General Government $ 169,742,677 Communications and Information Technology 7,654,599 Comprehensive Services 6,127,799 Law Library 27,175 Public Works Projects 183,215 S B & T Building 444,580 Recreation Fee Class 5,223,131 Criminal Justice Academy 1,000 Police Special Programs 149,410 Fleet Service Center 2,744,160 Total General Fund $ 192,297,746 Debt Service Fund - County 8,014,064 Capital Projects Fund 3,474,987 Internal Service Fund 1,553,859 332 June 12, 2012 School Operating Fund School Nutrition Fund School Debt Fund School Grants Fund School Capital Fund School Textbook Fund School Bus Fund School Laptop Insurance Reserve Total Expenditures All Funds Less: Transfers Total Net of Transfers 132,912,485 5,791,000 14,158,141 5,234,216 824,000 947,592 325,000 358,600 365.891.690 $ (107,692,864) $ 258,198,826 The fiscal year 2013 -2017 Capital Improvement Plan is on file in the office of the Clerk to the board of Supervisors 2. Ordinance appropriating funds for the 2012 -2013 fiscal year budget and approval of the Classification Plan for fiscal year 2012 -2013 for Roanoke County (W. Brent Robertson, Director of Management and Budget) Mr. Robertson outlined the ordinance to appropriate funds for the 2012- 2013 fiscal year budget and for the approval of the Classification Plan. He noted there were two changes from the first reading held on May 22, 2012, the School Board revised budget now includes a $350,000 increase that was approved by the Board on May 22, 2012, the Internal Services Fund was increased $175,000. This amount represents the transfer from the General Fund to Risk Management to bolster the fund balance for workers compensation program that was reviewed with the Board during the budget process. Additionally, there was one technical change from the first reading in the Classification Plan, the pay ranges for 27 -40 were not adjusted and the new Classification Plan reflects these changes. Supervisor Church inquired about the Classification Pay Plan and asked Mr. Mahoney concerning Mr. Altizer's request for his increase to go to a particular fund. He commended Mr. Altizer for his action. He asked if the Board could do that for all future years, but this is ideal thing for the Board to designate. Mr. Mahoney responded if an individual Board member makes a decision to donate a portion of their salary to a charitable organization that is a personal item that each member must determine. ORDINANCE 061212 -7 APPROPRIATING FUNDS FOR THE 2012 -13 FISCAL YEAR BUDGET AND APPROVAL June 12, 2012 333 OF THE CLASSIFICATION PLAN FOR FISCAL YEAR 2012 -2013 FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on May 22, 2012, concerning the adoption of the annual budget for Roanoke County for fiscal year 2012 -2013; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on June 12, 2012, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 22, 2012, and the second reading of this ordinance was held on June 12, 2012, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2012, and ending June 30, 2013, for the functions and purposes indicated: County of Roanoke Adopted FY 2012 -2013 Budget June 12, 2012 Revenues: General Fund: General Government $ 169,742,677 Communications & Information Technology 7,654,599 Comprehensive Services 6,127,799 Law Library 27,175 Public Works Projects 183,215 SB &T- Social Services Building 444,580 Recreation Fee Class 5,223,131 Police Special Programs 1,000 Criminal Justice Academy 149,410 Fleet Service Center 2,744,160 Total General Fund $ 192,297,746 Debt Service Fund - County $ 8,014,064 334 June 12, 2012 Expenditures: Capital Projects Fund $ 3,474,987 Internal Service Fund - Risk Management $ 1,553,859 School Funds: Operating $ 132,912,485 Nutrition 5,791,000 Debt 14,158,141 Grants 5,234,216 Capital 824,000 Textbook 947,592 Bus 325,000 Laptop Insurance Reserve 358,600 Total School Fund $ 160,551,034 Total All Funds $ 365,891,690 General Government: General Administration Board of Supervisors $ 296,517 County Administrator 294,289 Public Information 181,386 Asst. Co. Administrators 369,283 Human Resources 732,117 County Attorney 551,349 Economic Development 525,185 Total General Administration $ 2,950,126 Constitutional Officers Treasurer $ 770,503 Commonwealth Attorney 1,067,454 Commissioner of the Revenue 798,390 Clerk of the Circuit Court 1,065,731 Sheriff s Office 9,701,196 June 12, 2012 335 Total Constitutional Officers $ 13,403,274 Judicial Administration Circuit Court $ 237,972 General District Court 69,940 Magistrate 1,590 J & DR Court 21,086 Court Service Unit 530,144 Total Judicial Administration $ 860,732 Management Services Real Estate Assessments $ 843,277 Finance 1,214,616 Public Transportation 500,000 Management and Budget 286,556 Procurement Services 388,987 Total Management Services $ 3,233,436 Public Safety Police $ 11,122,085 Fire and Rescue 13,478,316 Total Public Safety $ 24,600,401 Community Services General Services $ 5,740,070 Community Development 4,263,183 Building Maintenance 1,185,316 Total Community Services $ 11,188,569 Human Services Grounds Maintenance $ 2,265,605 Parks and Recreation 2,137,262 Public Health 413,010 Social Services 8,454,696 336 June 12, 2012 Contributions -Human Service, Cultural, Tourism, Dues 1,340,888 Library 3,297,355 VA Cooperative Extension 81,382 Elections 313,703 Total Human Services $ 18,303,901 Non - Departmental Employee Benefits $ 2,620,367 Miscellaneous 1,984,432 Internal Service Charges 6,707,635 Total Non - Departmental $ 11,312,434 Transfers to Other Funds Transfer to Debt - General & Schools $ 17,434,414 Transfer to (from) Capital (1,631,181) Transfer to Schools 64,006,726 Transfer to Schools - Dental Insurance 477,299 Transfer to Public Works Projects 183,215 Transfer to Internal Services 1,066,331 Transfer to Comprehensive Services 2,253,000 Total Transfers to Other Funds $ 83,789,804 Unappropriated Balance Board Contingency $ 100,000 Total General Government $ 169,742,677 Communications & Information Technology $ 7,654,599 Comprehensive Services $ 6,127,799 Law Library $ 27,175 Public Works Projects $ 183,215 June 12, 2012 337 SB &T- Social Services Building Recreation Fee Class Police Special Programs Criminal Justice Academy $ 444,580 $ 5,223,131 $ 1,000 $ 149,410 Fleet Service Center $ 2,744,160 Total General Fund $ 192,297,746 Debt Service Fund - County $ 8,014,064 Capital Projects Fund $ 3,474,987 Internal Services Fund - Risk Management $ 1,553,859 School Funds: Operating $ 132,912,485 Nutrition 5,791,000 Debt 14,158,141 Grants 5,234,216 Capital 824,000 Textbook 947,592 Bus 325,000 Laptop Insurance Reserve 358,600 Total School Funds $ 160,551,034 Total All Funds $ 365,891,690 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2012, are re- appropriated to the 2012 -2013 fiscal year to the same department and account for which they are encumbered in the previous year. 338 June 12, 2012 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 2012, and appropriations in the 2012- 2013 budget. 5. That all school fund appropriations remaining at the end of the 2011 -2012 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2012 -2013 as follows: a.) Two - thirds of the year -end balance in the school operating fund will be allocated to the Major School Capital Reserve; b.) One -third of the year -end balance in the school operating fund will be allocated to the Minor School Capital Reserve; 6. That all General Fund unexpended appropriations at the end of the 2011- 2012 fiscal year not lapse but shall be re- appropriated, as provided by Resolution 122104 -4, as follows: a) Forty percent (40 %) of these unexpended appropriations shall be transferred to the un- appropriated Minor County Capital Fund Reserve; b.) Sixty percent (60 %) of these unexpended appropriations shall be re- appropriated to the same department for expenditure in fiscal year 2012 -2013. 7. That all General Fund revenues collected in excess of appropriated revenues shall be re- appropriated, as provided by Resolution 122104 -5, as follows: a.) Revenues in excess of budget will first be allocated to the General Fund Un- appropriated Balance, until the maximum amount for the current year is met, as specified in the General Fund Un- appropriated Balance Policy, as adopted by Resolution 122104 -2; b.) The remainder of revenues in excess of budget will then be allocated to the Major County Capital Fund Reserve 8. Rescue fees collected by the Fire and Rescue Department in excess of budgeted amounts will be re- appropriated and allocated to the Fire and Rescue Capital Reserve. 9. Account balances remaining in the Fee Class collected by the Parks and Recreation Department will be allocated to accounts as defined by the Fee Class Accounts Procedure. 10. That all VRS Plan 2 employees that were hired by Roanoke County prior to May 10, 2011, will receive up to four (4) payments of a supplement to minimize the financial impact on these employees of paying their member contribution for the Virginia Retirement System. Each payment is based on 2.775% of their base salary. These payments will be made in July 2011, January 2012, July 2012 and January 2013. The June 12, 2012 339 employee must still be employed by Roanoke County at the time of the payment to receive the supplement. The intent of this supplement is to minimize the financial impact on these employees of paying their member contribution for the Virginia Retirement System for a two year period. These employees must now pay the five percent (5 %) employee portion of the VRS contribution, but were hired by Roanoke County before this change went into effect. Funds needed to pay the supplement for the two year period will be set aside from the VRS savings resulting from the change to the Plan 2 funding recognized in the 2011 -12 fiscal year. 11. This ordinance shall take effect July 1, 2012. 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 The Classification Plan for 2012 -2014 is on file in the office of the Clerk to the Board of Supervisors. IN RE: APPOINTMENTS 1. Economic Development Authority (EDA) (appointed by District) Supervisor Michael W. Altizer has recommended the appointment of Tommy Wood to represent the Vinton Magisterial District for a four -year term to expire September 30, 2016. Confirmation of this appointment has been placed on the Consent Agenda. There were no objections. 5. Roanoke County Planning Commission (appointed by District) Supervisor Joseph B. "Butch" Church has recommended the reappointment of Martha Hooker who represents the Catawba District to an additional four -year term to expire on June 30, 2016. There were no objections. IN RE: CONSENT AGENDA RESOLUTION 061212 -8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA 340 June 12, 2012 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 June 12, 2012, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes — May 8, 2012 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Cindy Windel, Payroll Technician, upon her retirement after more than twelve (12) years of service 3. Confirmation of appointments to the Court Community Correction Alcohol Safety Action Program (ASAP) Policy Board; Economic Development Authority (appointed by District); Roanoke Valley - Alleghany Regional Commission; Roanoke Valley Convention and Visitors Bureau Board of Directors; Virginia's First Regional Industrial Facility Authority and the Western Virginia Water Authority 4. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Thomas W. Kincaid, Police Officer /Criminal Investigator, upon his retirement after more than twenty -five (25) years of service 5. Resolution requesting acceptance of Mendham Way into the Virginia Department of Transportation Secondary System 6. Request to accept and appropriate $11,180.53 of additional Virginia Recreational Trail Fund Program grant funds from the Virginia Department of Conservation and Recreation for Walrond Park Trail Project, Hollins Magisterial District 7. Request to accept and appropriate $1,234,744 from the Virginia Department of Transportation (VDOT) for preliminary engineering for pedestrian and bicycle improvements to Plantation Road and re- appropriate $500 from the Road Improvements account for the local contribution 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 RESOLUTION 061212 -8.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CINDY WINDEL, PAYROLL TECHNICIAN, UPON HER RETIREMENT AFTER MORE THAN TWELVE (12) YEARS OF SERVICE June 12, 2012 341 WHEREAS, Cindy Windel was hired on February 7, 2000, and has worked as a part time Accounts Clerk, Customer Service Representative, Payroll Clerk and Payroll Technician during her tenure with Roanoke County; and WHEREAS, Ms. Windel retired on June 1, 2012, after twelve (12) years and four (4) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Windel was responsible for providing excellent customer payroll services to the Roanoke County Departments, Western Virginia Regional Jail Authority, and the Roanoke County School system; and WHEREAS, during recent years Ms. Windel was focused primarily on payroll processing for Western Virginia Regional Jail employees; and WHEREAS, Ms. Windel was instrumental in setting up appropriate deductions, applying correct Virginia and Federal tax withholding rates, and applying proper work and vacation schedules to ensure all Western Virginia Regional Jail employees were paid accurately and on time every two weeks; and WHEREAS, Ms. Windel was supportive of and worked closely with other payroll staff to help process and ensure the accuracy of the bimonthly payroll for all Roanoke County School System employees; and WHEREAS, Ms. Windel has proved herself to be an exemplary employee with excellent attendance record; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CINDY WINDEL for twelve (12) years and four (4) months 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 roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A- 061212 -8.b RESOLUTION 061212 -8.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THOMAS W. KINCAID, POLICE OFFICER/CRIMINAL INVESTIGATOR, UPON HIS RETIREMENT AFTER MORE THAN TWENTY -FIVE (25) YEARS OF SERVICE WHEREAS, Thomas W. Kincaid was employed by Roanoke County on July 26, 1986 as a Deputy Sheriff in the Sheriff's Office; and 342 June 12, 2012 WHEREAS, Detective Kincaid continued his law enforcement service by transferring to the newly established Police Department in 1990 where he served as Police Officer, Crime Prevention Officer, Police Officer II, Police Officer - Sergeant in the Uniform Patrol Division, Criminal Investigation Unit, and the Vice Unit; and WHEREAS, Detective Kincaid retired on May 31, 2012, from the Police Department after twenty -five years and nine months of dutiful, faithful, and expert service with the County; and WHEREAS, during his time serving Roanoke County, Detective Kincaid performed a crucial role in protecting the life and property of citizens by honorably serving as a Police Officer; and WHEREAS, Detective Kincaid, through his 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, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS W. KINCAID for more than twenty -five 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 roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None RESOLUTION 061212 -8.d REQUESTING ACCEPTANCE OF MENDHAM WAY INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a June 12, 2012 343 copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. 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- 061212 -8.e A- 061212 -8.f IN RE: REQUESTS FOR WORK SESSIONS Supervisor Church requested a joint work session with the Board of Equalization to be held on June 26, 2012, to be held in the Board of Supervisors meeting room due to seating purposes. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizen spoke. Linda LaPrade of 5909 Will Carter Lane of the Clearbrook District stated in the past 18 months 138 counties and cities have seen the truth and dropped out of ICLEI. That number will grow to over 150 as laws in Alabama and Tennessee take effect. I guess if we wait long enough, you won't have to make a decision to withdraw because at this rate it will not exist in America. That, however, is not good enough. Alabama just passed the strongest bill yet protecting property rights against advancement of any Agenda 21 related influence. Senate Bill 477 specifically prevents all state agencies and local governments in Alabama from participating in the global scheme in any way. Legislative analysts said the bill was extremely well crafted: protecting citizens and individual rights from UN decrees in a simple, straightforward manner that Agenda 21 advocates would have a hard time criticizing. I have a copy of the law for you. The people of Alabama acting through their elected representatives -not UN bureaucrats - have the authority to develop the state's environmental and development policies, the official synopsis of the law explains. Support for the bill was overwhelming and bipartisan. Of course the proponents pushed back by telling the state it will lose some 344 June 12, 2012 possible grants and federal money. "Every time you take a dollar of federal money, there's strings attached," explained Ken Freeman. They realized that the money they might gain could only be used to further the UN goals. On June 21, governments from all over the world will be meeting in Rio for the so- called "Conference on Sustainable Development" -known as Rio +20 for short. According to official documents released by the global body, the summit, headed by Chinese Communist Sha Zukang, will be seeking to dramatically transform human civilization under the guise of environmentalism and since we are members of ICLEI, you will have agreed to it. You, as our leaders, need to re- examine this issue, look at how much Agenda 21 has already infiltrated our government and how much you are allowing NGOs to set policy. This needs to stop for all our sakes. Getting rid of ICLEI is the first step. Please do it now. Bill Gregory of 3312 Pamlico Drive stated he has just received word on June 18 and 19 three members of the Board will be attending the Partnership for a Livable Roanoke Valley at the Claude Moore Educational Complex. There you will be attending a scenario and storyline development workshop. If you recall, two weeks ago I revealed the Partnership for a Livable Roanoke Valley has been on our radar screens for a while now. He stated he also mentioned it appears that the land use, energy and environment portions of the partnerships objectives seem to match fairly well with the goals of UN Agenda 21. To refresh everyone's memory, the Partnership for a Livable Roanoke Valley is an arm of the Roanoke Valley Allegheny Regional Commission, which covers several counties and cities in the Roanoke Valley including our County. Our County is represented on that commission by a few of the Board members present. The Partnership is currently working up a new plan for our region and needs our input. The Plan's name is the Plan for a Livable Roanoke Valley. This plan actually needs a storyline? Why? He stated he has a feeling it is going to be a helpful plan for someone, maybe not helpful for property rights of citizens. All the right power players are just going to eat it up. I bet most County residents will not have a clue of what will end up in that plan until well after it is already being implemented, unless someone regularly reports on its development before it is implemented. Then, he might see a friend from the Sierra Club and RVCCC and some of you there when he comes to observe the meeting. It seems to make a little more sense that three of the Board members voted to retain membership with ICLEI on January 24 knowing that three Board members were going to attend the meeting to develop a storyline for this wonderful regional plan. County residents are going to be kept fully abreast of this storyline and how this livability plan develops because we are watching. Please consider all of the implications your involvement with this plan will have on citizen's property rights unlike what was done when the Board voted to become members of ICLEI in 2007. June 12, 2012 345 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 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church stated during this past week he was honored to attend two school graduations, Glenvar High School, which was outdoors at the stadium, beautiful weather where 140 seniors graduated. Also the same day, Northside had their graduation at the Salem Civic Center with approximately 240 graduates. It was a fun day; it is always nice to be around the young people in the valley. He offered his congratulations to all of them; many will be furthering their education at colleges or the United States military. Secondly, with all the budget items the Board speaks about on a daily and weekly basis here in Roanoke County, it never ceases to amaze him what the citizens allow to occur in Washington, DC. There is a big item all the time about green jobs and he wants to speak about this. Green jobs, you can call them what you want to, the current administration has been working on training 125,000 people in green, energy jobs and has fallen short by about 80,000 so far. He stated he read with astonishment the definition of green jobs according to our federal government. Bus drivers of hybrid buses are green job holders, people who pump gas into these buses are green jobs, bicycle shop employees (no matter what they do) are counted as green employees, a clerk that works in any green location, even sweeping the floor are green jobs. It is simply impossible to determine the true definition of a green job by government standards. Tongue in cheek, he stated he has to wonder if he drank purified water this morning did he hold a green job. The stimulus plan in 2009 has been nothing short of a complete failure to the cost of hundreds of millions of dollars to all of us. Most of the companies are bankrupt. He does not believe anyone is against truly green jobs, but it is just how do we implement them. Why cannot we find some sensible, logical and fiscally responsible way to do this? Lastly, Mr. Chairman, the Board has had citizens speak to the Board for almost a year about ICLEI and he continues to question the County membership. He stated he does not see any meaningful benefit for Roanoke County to remain in an organization that has so many potential negative associations connected with it. He stated he openly admits that he personally did not understand the organization in 2007. He was not sure of what we 346 June 12, 2012 were getting into, he just voted yes. He stated he is being openly honest; he did not really realize. He would like for someone to explain to him in detail, why it is so critically important for Roanoke County to associate with this organization. So far, no one has convinced him that we ultimately need to remain as a member. I wonder what the real reason is. This is a question he continues to ask himself; a glaring point that needs to be repeated is the $1,200 membership is just "coins in the fountain" in his opinion. More importantly to him, it was the fact that we paid our membership several months before it was due. Supervisor Elswick stated he would like to let citizens know we are having a work session later on today about the policy for towing vehicles from accident sites and he in particular has questions about one of those incidents. If there are other citizens out there who have been involved in accidents or know someone who has that question the accuracy of what they were charged for the towing, he would like to know about it. On the Partnership for the Livable Roanoke Valley, when it first became known that we were receiving a grant of about $700,000 for that program, he asked to be a part of it. He wanted to see what happens and how we end up with NGOs spending a lot of tax payer money and not always getting results from it. So, he asked the ARC what they were going to do with the money, or are we going to do something with it, build something, improve something in the valley, allocate it to trails at Explore Park or build bike trails or build hiking trails and the answer was no. When the request for funding was made, the ARC simply asked that they be given money by the federal government to make a plan. We have already planned this County to death. There are all kinds of plans, some of them involve converting Route 419 around Tanglewood to six lane highways and bike paths and all kinds of things that will never really happen. So, requesting money from "Uncle Sam" to make another plan is not going to change a thing, unless someone in power decides they are going to implement the plan. Most of those high fluting plans simply go to pay the salaries of some people in the valley. So, he attends the meetings of the Steering Committee for a Livable Roanoke Valley and he will do his best to make sure that whatever plans are made are common sense kinds of things, practical, the kinds of actions we can take to actually improve the valley and he asked in the first meeting that we look at what we already have, because this is one of the nicest places in the country to live. Improve on what we already have and not make it a plan that cannot be attained. He will be glad to entertain any phone calls from any citizen who has a question as to what is going on with that committee or receive any suggestions from citizens as to things that are potentially part of the plan and they think should be revised, but it is not something that is dictated by the United Nations. It is something our people have initiated, the Allegheny Regional Commission and have received funding from the federal government for it. He stated he will do his best to make sure the word "sustainable" is not in any of the plans and as far as the UN and ICLEI, sometime before the next invoice is due to be paid he will ask that the Board bring up the ICLEI issue again and part of the reason for that is a recent news item that said the UN now thinks and asked for permission to investigate a school system, in June 12, 2012 347 Massachusetts and when the UN thinks they can come into one of our states and try to investigate one of our school systems then it is time to tell the UN to go "fly a kite." ICLEI is a locale thing, it is not a lot of money and it probably does not have a major impact on what we do, but is simply that it does not stand the test of honesty, especially from the reports we made to ICLEI headquarters, which as far as he knows still have not been corrected, but they were fictitious reports and so that kind of activity he does not see any reason for it. Supervisor Moore stated that Livable Communities and everything we are doing on the Steering Committee and with Allegheny Regional is a regional partnership. We as the Roanoke Valley: Roanoke City, Roanoke County, Salem all have representatives in that committee and we are trying to build on the Roanoke Valley to make it a better place to live and to grow, not only environmentally but economically. Supervisor Altizer stated it is fast approaching July 1 St and he hopes Mr. Goodman that our law enforcement department will be going around and looking and seeing how many people are willing to take the chance on selling bath salts, synthetic marijuana and hopes staff goes out and test them to see how much confidence in our new State law. At 4:25 p.m. Chairman Flora recessed to the fourth floor for work session and closed meeting. IN RE: WORK SESSIONS 1. Work session to discuss Stormwater Regulations and approach to long -term Stormwater Management (Arnold Covey, Director of Community Development; Tarek Moneir, Deputy Director of Development Services; George Simpson, County Engineer) In attendance for this work session: Arnold Covey, Director of Community Development; George Simpson, County Engineer; Megan Daily, Civil Engineer I; Tarek Moneir, Deputy Director of Development Services and Carolyn Howard, Draper Aden Associates in Blacksburg and expert on Stormwater Regulations. The work session was held from 4:42 p.m. until 5:36 p.m. Mr. Simpson went through a PowerPoint presentation providing a brief history, a copy of which is on file in the office of the Clerk to the Board of Supervisors. He advised most of stormwater regulations are driven by the 1972 regulations. In 2013, the EPA is going to mandate certain requirements, but they are not sure what they are going to be. In 2014, the County is going to be required to handle DCR Stormwater Regulations and permits that they now issue so it will be a whole new program that is coming to Roanoke County. It could be new people, we will need to review plans, issue permits and take money, a whole new process. There are new, more stringent stormwater regulations coming in 2014, 2018 and 2023. Ms. Howard advised the national stormwater is currently in limbo; looking 348 June 12, 2012 at the budget analysis of the impacts of what they will be imposing, but is it going to provide more strict regulations for stormwater quality for all communities throughout the United States. It will take a while for that to trickle down to the Commonwealth of Virginia and the County of Roanoke. It is a high priority of this administration. Mr. Simpson advised they would like to hire a consultant to do a feasibility study to look at the County program. The purpose of the feasibility study would be to look at what we do now, look at our program and the level of service we provide, see how much money we are spending (approximately $2 million on what we do now), look at policy considerations and look at sources of revenue and funding and bring back to the Board some recommendations on how to comply, what needs to be done in terms of resources, people, staff, etc. Ms. Howard advised part of putting together the stormwater program is a direct result of looking at the regulations. There are some low- hanging fruit that you can be doing and are doing now that can impact the water quality. So, the program is an umbrella, which will involve operations, maintenance, potential capital improvement projects, i.e. stormwater improvements. There will be new inspection requirements required as part of the new regulations and the MS 4 permit as well as the monitoring of the water quality. A whole set of policies and procedures will need to be put together. This is a program that encompasses policies, operations maintenance projects and implementation. Mr. Simpson advised that Roanoke County is already doing a lot of this. There is staff dedicated to complying with the MS 4 permit. We have staff review plans for stormwater. We have inspectors that go out and make sure these are put in the ground properly. We have a drainage crew that the County spends $1 million in maintenance. We have had grants to do other things, so what this does is pull all the pieces together and show the Board how it is working, where the holes are and what needs to be done to keep it going, especially in terms of the new regulations. This would be Phase 1. Phase 2 would be after the feasibility study is obtained, staff will come back to the Board to see if they want it to be implemented. What would be done from Task 1 would be to look at our current program, what we do, what levels of service is provided (basic, higher, where do we need to be), what is it costing us now, the extent of the service, the priorities, a GAP analysis and put together a program plan that addresses all the pieces and pulls everything together to make sure that everything is being done properly. A major part of the process is establishing an internal working group, the County Attorney is a key player, finance, County Administrator and a big piece of all the programs that they have seen is to establish a citizens advisory committee to get input from the citizens and make sure they are an integral part of what is being done. In fact, in Lynchburg they actually drove the whole process. They took the initial meeting and came up with all the ideas and staff just facilitated what they came up with. Mr. Goodman advised he had an opportunity to meet with the City Manager of Lynchburg and some of the staff members. They are ahead of Roanoke June 12, 2012 349 County about a year and one half or two years. They actually adopted portions of the ordinance, not all last November or December as they worked through their budget process. As of today, they have adopted fees of $4.00. The situation is that Roanoke County has to deal with this by July 1, 2014, and staff did not want to wait until the last minute to dump this on the Board. Staff wants to work with the Board and hope that the Board allows staff to move forward into some semblance of doing a request for proposal to start the process and develop it. The key thing that he thinks is very critical is citizen involvement. This is going to cost money; there is no other way around it. Staff has not predetermined how it is going to be paid for, but it is going to cost money. He thinks the citizens need to be involved from step one on that process. He would hope all stakeholders would participate in this process because it is very important they be involved as well as other groups that might want to be involved. The key thing was that it was a fairly large committee established but the key thing was that not everyone came to every meeting, but they were on the committee and may have done some subcommittee work and were involved at the level they wished to be involved and could reach out and engage the citizens. So, there is already public involvement before the recommendations and public hearings are brought forward. Hopefully, this committee will result in several public meetings as they would have to notify all the citizens as the process is developed. He stated he feels staff can deal with the July 1, 2013, testing requirements as we are already working with the City of Roanoke, City of Salem and the Planning Commission. He advised staff feels testing should be done on a regional basis instead of the City going to the City limits and then the County picks it up to Montgomery County. We need to work together to keep costs down. We are working with the Water Authority; they have a very good certified local lab that will hopefully keep costs down. The bottom line and what caught his attention was it was going to cost money; there is no way around it. Supervisor Church inquired if Mr. Goodman had any idea how much this would cost with Mr. Goodman explaining there is a rule of thumb to determine it. Mr. Simpson advised $40.00 per capita which is $3.7 million. The key thing is the Board needs to be informed of this pending requirement July 1, 2014 and staff needs to start now. If public input is necessary, staff will need to start now. Staff will need to gear up, figure out what needs to be done, hire a consultant with the permission of the Board, appoint a committee and move forward. So that by late fall, extensive discussions can be held as to what the County is going to do. Supervisor Church inquired if Mr. Goodman had identified any revenue sources with Mr. Goodman advising there are several ways. The first is to use existing taxes and cut other areas. The second is real estate if you so choose. Some communities have established a fee, which the City of Lynchburg has determined as $4.00 per family unit. If you have an airport, they will pay a whole lot more than a single family unit; as well as large parking lots. It will be based on some kind of calculation on comparing single family to larger parking lots. The more density on your property, it is going to cost you more. 350 June 12, 2012 Supervisor Moore inquired on new developments, big commercial developments, if the developer goes in and puts impervious paving and underground water system, will they receive credits. Mr. Goodman advised his understanding of the current regulations and law, if the locality so chooses to put in their ordinance, credits can be allowed. Mr. Simpson advised there must a credit system. One of the things that also must be done is to determine your current base for your impervious material. Ms. Howard advised typically a stormwater utility fee is based on what is called either a single - family unit or residential unit that is the average impervious surface in your particular community of a single - family home. So, it may be 2,500 square feet of impervious surface; the roof, pavement, sidewalks, etc. Supervisor Moore stated she was asking about on new developments if they put pervious pavement and put an extensive drainage system would the fee be recalculated. Mr. Goodman responded in the affirmative for both new and old, as existing areas could be retrofitted. Supervisor Altizer stated when he goes to regional stormwater meetings, DCR, EPA it is quite evident they could care less about quantity, it does not matter to them how much is shifting down, and they want it clean. Flooding is okay as long as it is clean. Mr. Simpson stated the new regulations now do address quantity more than they have in the past. They are trying to get to where there is a zero increase. If you develop your property that you do not have any increase in what you discharge to the storm sewer. That is the goal. Ms. Howard stated that is the big push from the EPA Stormwater. Supervisor Altizer stated in the case of stormwater management if we wanted to backup Back Creek on the other side of Rt. 220 and taken and filter and let all of sediment and build a detention pond. We can do it, but DCR and EPA is going to charge $400 a foot to put it in there. On the one hand they want you to manage it and the other hand they want to slap because they do not want you backing up the river. He stated he gets a mixed message. Based on what he sees, he hopes there is a lot more information to come because he does not know if the average person in this room knows how to correct all this. We talk about testing, we never talk about what you are testing for and we never talk about if you find something there, what are some of the means to mitigate. We talk in terms of generalities and then when we get to the money part and say it is $3 to $4 million to do it, but we don't know how to accomplish that. He stated he thinks he is well versed as anyone in stormwater being on the Regional Committee, but he stated he does not understand everything as to why it is going to take all this money. He knows we have to do something, but is still confused. How are we going to separate what we are sending from Roanoke County from Roanoke City. How are we doing to do this if Salem is not a partner and everything comes rolling out of Salem and dumps in and how much is truly ours. Mr. Simpson stated how can staff sit here in this office and decide what June 12, 2012 351 company twenty -five (25) years ago had a process that involved PCBs. How do we go back and mitigate that; those are the types of things Roanoke County is up against to develop a strategy for. Supervisor Altizer queried are detention ponds prior to 2008 not judged on quality and are grandfathered with Mr. Simpson responding they are being treated as bmps (best management practices) because of their sediment and are called this in the County's permit. In some of the larger localities they had to go back and retrofit those to meet TMVL requirements. All of the pieces kind of fit together in a crazy way. Supervisor Altizer stated so when you talk about fees and costs and you are going back and retrofitting 2008 prior, is that something the locality should pay for or the HOA. Mr. Goodman responded that would be the determination of the Board. Mr. Simpson advised that would come out of the study; some options given to the Board as to what they want to do, how far, how much effort, how much money. A lot of those types of questions will try to be answered in the proposed study, but there are a lot of policy decisions that the Board will have to make and tell us how to proceed. Supervisor Altizer asked how much is the study going to cost. Mr. Simpson responded staff estimated approximately $115,000, which is currently in the 2012 -2013 budget so no additional funds are being requested. In fact, they have drafted a request for proposal so they are ready to proceed. Phase 2 would depend on what is seen in the feasibility study, staff would come back to the Board to decide whether to pursue implementation at that point in time. Staff is hoping to do this in approximately nine (9) months. Supervisor Altizer stated so we are going to spend $115,000 on whether we go forward with anything else or not. Mr. Simpson advised more than that staff will provide eight to ten (8 to 10) ways to look at funding, how does it work in Roanoke County as a utility, does it work, can you (given the characteristics of Roanoke County) how do you bill a citizen in Catawba, is there a better way. All the pieces have to be identified by the consultant that are characteristic of Roanoke County; that is why we are looking to an expert to give us those types of facts and figures. Supervisor Altizer stated it is his personal opinion and is only going by what he heard and what he has seen listening to business people and citizens in Roanoke City. Citizens figure $3.00 or $4.00 is not going to kill them, but the big thing is when you start imposing $25,000 a year on a certain business, $50,000 a year on a certain business, it is almost like we have to use this formula and go in there and hit them hard right out of the gate. He stated he is not in agreement from that standpoint because he thinks there should be way to figure out somebody should pay. But if you go in and take the church on Rt. 460 and using the formula talk about $100,000 a year and he stated he does not think that will every fly not with their congregations. Mr. Simpson remarked Liberty College, which has a tremendous amount of impervious area, had a presence on the committee and thinks they finally reached some kind of agreement to participate, but church's and State governments will have to pay. 352 June 12, 2012 Supervisor Altizer stated if we elect to go forward with this it is not only regular citizens on this advisory, it needs to be churches, businesses and everybody's input needs to be taken into consideration. Supervisor Elswick asked about responsibility; if there is a pollutant in one of the waterways is Roanoke County responsible for finding out where it came from and also responsible for asking the responsible party to pay for it and if we cannot find the responsible party to pay for it is Roanoke County responsible for cleaning up that pollutant? Mr. Simpson responded it would depend on if Roanoke County can determine that it came from a certain source. Supervisor Elswick asked what if staff is unable to determine where it came from. Mr. Simpson advised it would probably show up in the sampling that concludes Roanoke County has exceeded the load for the creek and since Roanoke County is responsible for the quality of the stream, we would have to come back and devise a strategy to combat whatever that pollutant would be. Supervisor Elswick inquired if the fine imposed for not correcting is less than actually fixing the problem. Mr. Simpson advised it would depend on what it is. Mr. Covey advised not only would you have to pay the fine, but you would need to correct as well. Mr. Goodman advised the bottom line is that if staff starts working now on this, the onerous items can be determined and we can try to mitigate them now. If Roanoke County does nothing, then someone else down the road will dictate what is to be done. He advised he feels it is more advantageous to the citizens of Roanoke County and the Board and staff that we start working on it now to mitigate impacts. The worse thing is to do nothing. Supervisor Moore inquired if staff is asking for a consensus to move forward with the study, which has been incorporated in the budget and staff will bring back the proposals, options, future, etc. She advised she is in agreement it needs to be done. Chairman Flora inquired what other jurisdictions are doing. Mr. Simpson responded Roanoke City has tabled their efforts to come up with a utility, but they have done a study and have discussed rates. They are pretty close to bringing it off the back burner and implementing. Salem has not looked at. Roanoke County has looked at it with the Planning District Commission regionally to see if Botetourt County, Franklin County and other localities at the very least would participate in sampling, planning and not necessarily the funding part on a regional basis. He stated he feels Roanoke City will probably participate on a regional basis. Supervisor Church inquired if Salem is choosing not to participate. Mr. Simpson advised Salem has their own way of doing things. Supervisor Altizer stated he thinks they take it serious, but not very seriously. He then asked if Botetourt would come under the same requirements with Mr. Simpson responding portions would be. Chairman Flora stated he was inquiring about Botetourt because of Tinker Creek and what if the problem is above our boundary. This is not an island that Roanoke County can stand on by itself. Mr. Goodman commented he is in agreement, June 12, 2012 353 but feels there are still things to be worked out. The best model would be we all collectively sample from the water shed to the confluence of the Roanoke River. Chairman Flora stated that the start date is only a year away and staff needs to start now to coordinate with the other jurisdictions. Mr. Covey stated the thing he likes about Roanoke County doing the request for proposal and a consultant on line and in looking at other localities, they term it as a holistic approach to stormwater. We are currently spending $1 million on stormwater now with the drainage crews. He stated he thinks staff really needs to take a look at what they are doing and how we get to where we need to go to meet this criteria. He advised he does not think they know all the information at this point. The step of a regional basis comes when we determine all the things that need to be done and then can we on a regional basis work together to answer the questions or do the necessary testing and reporting. Each locality is sort of on their own. We as a county need to take a look at what we have, what we are doing and what are the things that would minimize or enhance our situation. We may not have to do everything that Roanoke City has to do to meet the criteria, but there may be things that overlap that we can work together. Supervisor Altizer advised for $100,000 to find out what you have to do and the consequences are is basic. He stated there are some things staff should be doing at least showing an effort is being made. He notices when he goes in for an oil change the spraying out the bays. There is something wrong with that. He stated he would like to tell people you cannot do that anymore. We need to start doing some education and not just dropping a bomb shell one day. Supervisor Altizer also noted the sad thing is that we have to eat VDOT's runoff; good bad or indifferent. Supervisor Moore asked if Community Development isn't already going out and examining businesses with regard to stormwater issues. Mr. Covey advised staff members have been going out and giving presentations to groups; there is information on the website and a lot of publications. Supervisor Moore then asked if people have been cited for violations with advising they will write a letter on a complaint basis only. A friendly letter is sent regarding the violation and education is done as to why it is not a good idea; why it is considered a pollutant. There is also some general education: household hazardous day and general outreach. Supervisor Altizer stated he did not get an answer to the question if they have gone out to the other localities to see if they are going to start to do something, i.e. Salem, Town of Vinton, Botetourt, and Roanoke City. Mr. Goodman advised he has been in conversations with the City Manager of Vinton, Salem on various issues. He advises he knows there is a keen interest in trying to work together since we all are facing similar situations. He advised he has not spoken with anyone from Botetourt, but will. Mr. Simpson advised they are going to meet regularly with all localities and are attempting to get elected officials together and let them know what the localities are up against, what we are doing and what we are up against. Mr. Goodman stated the key thing is that there has been conversation 354 June 12, 2012 concerning the County participating in a regional stormwater management system and he has advised the group that the Board makes that decision and it has not yet been made. Supervisor Altizer commented that Mr. Goodman can provide the Board with feedback as to what the other localities will do. His preference is to do our study and see how it comes back and then we will see where everybody is. This is a big step and needs to be done correctly. It was the consensus of the Board to move forward with the request for proposal. 2. Work session to discuss towing information (B. Clayton Goodman III, County Administrator) In attendance for this work session were B. Clayton Goodman III, County Administrator, Bill Hunter, Assistant Director of Communications; Terrell Holbrook, Acting Chief of Police and Paul Mahoney, County Attorney. The work session was held from 5:36 p.m. until 5:58 p.m. Mr. Goodman advised this work session was at the request of Supervisor Elswick and provided the Board with information about what our current procedures are. Basically there are twenty -eight (28) active tow companies on the call -out list. In order to get on the list, they have to complete a letter of understanding, business license, insurance and the company drivers have to be licensed by the Virginia Board of Towing and Recovery Operations as well as following their regulations. The response time must be within twenty (20) minutes or they go to the next name on the list. This is used when a citizen does not have a towing company preference. Basically, Roanoke County follows the State code for their eligibility. Supervisor Elswick had asked what can we do to address citizen complaints above overcharging or other issues and in looking at this and working with Paul Mahoney, there is under the General Assembly actions enabling legislation that would allow the County to form a Towing Authority, but before that can be done a committee made up of representatives of the towing industry must work with staff to draft an ordinance. Supervisor Elswick stated he did not want to waste a lot of time on this. He advised a friend of his was killed on Rt. 221, someone that was well know and not a "speeder ". It was a three - wheeled trike that he wrecked. He had MS so bad he could hardly walk. The problem with the towing bill is there are three different charges, $150 for towing, $150 for labor, $105 for storage and $150 for something else. Supervisor Elswick stated he fooled with old cars and he has had a lot of towing charges and typically rollbacks have a wench on it and they can pull a four -wheel drive pickup truck on it with no problem, even when it does not have wheels on it and the typical charges he has encountered have been from $60 to $90. This charge from Sunday until Tuesday was $651 to a woman who had just been through a very traumatic experience and somebody who did not have a lot of money. They also charged for a tarp, $40 to June 12, 2012 355 put a tarp over the three -wheel vehicle and refused to give the tarp to the people. The accident happened on Sunday; he called the towing service on Monday as he and a bunch of friends wants to inspect the trike to see if they could figure out what happened. The guy refused to meet him at the towing storage area. On Tuesday, he finally released the vehicle, thereby incurring more storage charges. He advised to him it just did not make sense, he indicated the list has the most exorbitant towing charge specifics he has ever seen. In addition to $175 towing, $175 per hour and an administrative fee of $185, all of that for one towing operation. He stated he understands when there is an accident, it takes a lot of time because they might have to be there when the Police are doing all of the investigation, etc. On this particular trike, the police report said he was doing fifty (50) mph, he was not. The officer that wrote the report was not at the site, none of us were. Friends of Ben know he did not drive that fast on that mountain; it would take a sports car to take that curve at fifty (50) mph and yet the trike only rolled about thirty (30) feet. If you are going fifty (50) mph on a three - wheeled trike, it will roll farther. It was picked up by the tow truck in the middle of the road, not in a ditch, not down a mountainside. He stated it is bothering him, but he is going to wait and see if he gets more complaints from any other citizens and if so, bring it back to the Board to institute a Towing Advisory. He thinks it is one of those things that might just go away. He would like to know from Officer Wyatt how he came to the conclusion on how this wreck occurred. He also asked for the officers to be reminded that there is an explanation, it simply says, "We don't know "; the cause of the accident is unknown. The reason he is adamant about this is this man was his friend and he knows he was not going fifty (50) mph up the mountain, it is a personal thing, but he does not see any reason to come up with an explanation why an accident occurred when we really do not know. Chairman Flora stated he would like to comment because he looked at some of the numbers and there are some towing services that have almost no increase for an accident and there are some that are over one hundred percent (100 %) increase if it is an accident, to him that is outrageous. It may take a little more time, more inconvenience, more paperwork but he cannot imagine having more than double your regular rate just because it is an accident. If there is any way that Roanoke County can do anything to keep that cost toward a reasonable level and not outrageous he is in favor of doing it. He stated he would not object to an ordinance that puts it out to bid and then you have to bid on it and then have contracts with the providers. Then, there may be twenty (20) contracts and put on the list and go down the line. Some of these fees are outrageous. Supervisor Moore inquired if there was anyway somebody could contact these towing companies and see if just by letter they could all charge the same thing. Mr. Mahoney advised the county cannot do that, in that fashion, voluntarily all conspire together to rig their prices. But, as Chairman Flora suggested there is a process we go through, it is a long, involved process. Yes, you can appoint an Advisory Board, pass an ordinance and then put a request for proposals out on the street and obtain a series 356 June 12, 2012 of contracts, which could be adjusted for example light, medium and heavy depending on the type of accident. He stated there always seemed to be one bad apple that has this outrageous charge that cannot be logically justified. There is always going to be a citizen who believes they have been treated unfairly and what is the mechanism that citizen has to appeal. He stated that is where he thinks the system falls down. Who do you want to handle. Mr. Hunter stated there are two sides to the coin, it is his understanding of the situation that the accident occurred on Route 221, with limited access and the longer it sits out there the more traffic that is backed up. This particular instance, this vehicle was upside down and instead of dragging it onto a rollback, this company brought a second truck out to pick it up and right it before they put it on the rollback to prevent any further damage. The other side is if they just showed up and drug it on the rollback would you have the same complaint? Supervisor Elswick responded that three (3) people could have turned the trike over. Mr. Hunter then asked but what is the liability of the three (3) people turning it over. He further added there is a Better Business Bureau if someone is unhappy with a company in business, they can go that route. Acting Chief Holbrook stated one thing that was looked at some time ago, if he understands the legislation correctly, what allows us to do the towing recovery fee is limited to private property. So abandoning a disabled vehicle in the Tanglewood Mall or Food Lion or Kroger parking lot is what the advisory panel can address, but when it is on a public highway the Advisory Board could not reach out and deal with the situation. When the Police Department tried to deal with some of the prices, we were unable to influence that and the means by which we were trying to deal with that was to put together a spreadsheet so that every driver that was out there and be shown what they will charge so they will not be surprised. We cannot establish the rates for the companies, but this was means for the officers to use. Unfortunately, if there is not a person there we can ask, our default setting is the next on the list. Supervisor Elswick stated he thinks our routine is fine, but it might not be a bad idea to change things. Mr. Goodman asked if it was the consensus of the Board for staff to explore further what can be done to regulate fees; with all Board members in agreement. 3. Work session to discuss authorization to proceed with sale of certain properties identified by Roanoke County as surplus properties (Arnold Covey, Director of Community Development) In attendance for this work session were Arnold Covey, Director of Community Development and B. Clayton Goodman III, County Administrator. The work session was held from 5:58 p.m. until 6:18 p.m. Mr. Goodman advised that the property in Back Creek near the Public Safety Building that Supervisor Elswick has asked that June 12, 2012 357 this property be removed from the list. This property will be taken down. Mr. Goodman then stated the next item was ten (10) properties that the Board stated was marketable and warranted further investigation. Mr. Goodman advised staff wants further direction from the Board as to what the Board wants staff to do with these properties. There are seven (7) residential lots in Westward Lake Estates; there are two (2) lots in Section 6, Mount Vernon Heights and a 6.2 acre parcel off Grandin Road Extension. A description of the items has been included and asks that the Board review and provide direction on how they wish to proceed. The options are if the Board wants to do something they can be listed for sale by a realtor, through procurement or hire an auctioneer to auction the properties or the County can conduct a sale. Mr. Covey stated the only thing he would add is that Nature's Emporium has heard about the sale of those two (2) lots behind their facility on Brambleton, and they told him they would buy it and write a check today for the assessed value. Supervisor Church stated he had originally asked that this item be pulled because he was absent on the day it was originally discussed. He noted that out of fifty -five (55) properties, ten were identified and seven are in his area, which he strongly objects to and has visited all the properties. There are seven lots in Westward Lakes subdivision that about eight or nine years ago, Mr. Ed Kohinke, Sr., a former Board member had written him a letter asking for the County to have a neighborhood area, because there was no money to develop a park. Martha Hooker, Planning Commission, who lives about fifty (50) yards from the back, her family and others walked all the sites and agreed it would be pennies on a dollar. Why would any Board member want to sell anything in today's market and if so, get rid of the Route 419 Library. He requested that those seven be taken off. This does not belong to the Board of Supervisors; it is citizen, taxpayer money. This property cannot be developed unless it is backfilled. Supervisor Altizer stated so Supervisor Church is stating he wants this for some kind of future park with Supervisor Church stating he was contacted by the neighborhood about possibly taking over ownership, it ought to be given to them as it is their money anyway. Supervisor Elswick stated that in some situations there is land we ought to hang on to, but in the case of the Back Creek property, if we had no planned use for it and it was right next to this person's business, it would have been really beneficial for them, plus there was no other access to it, that made sense, but the citizen has not responded. If it is some business and they can use it and they are willing to pay a fair price for it, and there are no plans for it at all, maybe we should sell. Supervisor Altizer said it was his idea to see what properties were out there to put back on the tax rolls, it has nothing to do with Supervisor Church's insinuation that it only had to do with his district. Supervisor Church responded did Supervisor Altizer not think it was a little glaring out of fifty -five (55) properties, ten (10) were chosen and seven (7) of those are in his district. He reiterated it is the wrong time to sell anything. Supervisor Altizer stated he did not think the premise of putting things 358 June 12, 2012 back on the tax rolls is incorrect. Secondly, he does not think we can give property to anybody. Chairman Flora stated it is $140,000 in value. Supervisor Church stated there should be more of the fifty -five (55) originally chosen than this property to put back on the tax rolls. Supervisor Altizer stated the County Administrator is the one that selected the parcels. Supervisor Church then commented in that case the Board needed to take another look at. Supervisor Altizer stated when he looks at Westmoreland Drive, commercial property, he is sure anybody would give the assessed value, but does not know what the market value would be. Supervisor Moore stated there are three businesses that would probably want to buy it, other than as a parking lot it is pretty much land- locked and how it is zoned, you cannot get in. Mr. Covey stated there is also a business adjacent to it, the burger place, and they would probably be interested too. He stated staff could go to a realtor or some type of open public forum so that anyone interested has an opportunity. He further advised just because they buy the land, does not mean they can do anything with it because of the usage. It would have to have to be rezoned; it is now R -1. Supervisor Church inquired where would the money go with Mr. Goodman advising it would go to a capital account. Supervisor Moore stated she had already been approached some time last year about buying it. Chairman Flora stated the Grandin Road Extension property was originally purchased to be used as a Fire Station and a library. He noted he walked all over the property because the schools were offered an opportunity to buy it and it did not fit into their plan. It would be an excellent piece of property that could be turned into patio homes. Mr. Goodman advised it is zoned R -1. Supervisor Moore asked if someone buys the property subject to a rezoning, would it be a conflict of interest for us to vote on. Mr. Mahoney explained he thinks the Board would have a difficult time. So, the property would have to be sold as is. Mr. Mahoney stated the Board could rezone it and sell it as commercial. It was the consensus of the Board for Mr. Mahoney to discuss with the Planners to see if the property fits the comprehensive plan. IN RE: CLOSED MEETING At 4:24 p.m., Chairman Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2 -3711 A.7 Consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, sectarian prayers and the Freedom From Religion Foundation correspondence. The motion carried by the following recorded vote: June 12, 2012 359 AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None The closed session was held from 6:25 p.m. until 7:01 p.m. Supervisor Elswick was unable to attend. IN RE: CERTIFICATION RESOLUTION At 7:01 p.m., Chairman Flora moved to return to open session and adopt the certification resolution. RESOLUTION 061212 -9 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Flora NAYS: None ABSENT: Supervisor Elswick 360 IN RE: ADJOURNMENT June 12, 2012 Chairman Flora adjourned the meeting at 7:02 p.m. Submitted Deborah & Clerk to the :•. • Approved by: Richard C. Flora Chairman