HomeMy WebLinkAbout7/24/2012 - RegularJuly 24, 2012 401
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the first
regularly scheduled meeting of the month of July 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 Irby of Temple Baptist Church.
The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. B. Clayton Goodman III, County Administrator requested the Board
add as the first item under Proclamations, Resolutions, Recognitions and Awards an
introduction of the new Police Chief. There were no objections.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
402 July 24, 2012
1. Recognition of new Chief of Police — Howard B. Hall (B. Clayton
Goodman III, County Administrator)
Mr. Goodman introduced Mr. Howard B. Hall to the Board and the
listening audience. Mr. Hall advised that it was an honor to be the third Police Chief for
Roanoke County and is looking forward to moving forward. Each Supervisor welcomed
Mr. Hall.
2. Recognition of thirty -five (35) years of dedicated service by
Carlton Wright on the Roanoke County Board of Zoning Appeals
(John Murphy, Zoning Administrator)
Mr. Murphy provided a brief summary of Mr. Wright's service and turned
the podium over to former Assistant County Attorney, Joe Obenshain, who provided a
history of Mr. Wright's contribution to the Board of Zoning Appeals. Mr. Wright thanked
the County for the opportunity to serve and his wife, Eleanor. All Supervisors offered
their thanks and well wishes for his retirement.
3. Recognition to the Fire and Rescue Department for receiving two
(2) Regional Emergency Medical Services (EMS) Awards (Richard
E. Burch, Jr. Chief of Fire and Rescue)
Chief Burch explained the two awards; Outstanding EMS Educator, James
Doran and Outstanding EMS Contribution to Children, Brian Clingenpeel. Chief Burch
introduced Rob Logan, Director of the Western Virginia EMS Council, who
congratulated the recipients.
In attendance for this recognition were Division Chief Joey Stump,
Battalion Chief - Training Rodney Ferguson, Fire Marshall Gary Huffman, Division Chief
Steve Simon and Brian and Beth Clingenpeel and James Doran. All Supervisors
offered their congratulations and thanks.
IN RE: BRIEFINGS
1. Briefing on the June 29 -30, 2012, Storm Emergency (Richard E.
Burch, Jr., Chief of Fire and Rescue)
Chief Burch gave a brief update on the emergency and introduced Joey
Stump, Emergency Coordinator.
Chief Stump gave a brief overview on the severe wind event that occurred
on June 29, 2012, and provided the Board a brief PowerPoint presentation, a copy of
which is on file in the office to the Clerk of the Board.
July 24, 2012 403
Each Supervisor thanked Chief Stump and his staff for a job well done.
IN RE: NEW BUSINESS
1. Resolutions granting waivers to Brandon LaCroix, Tournament
Chairman for the JJ Redick Celebrity Golf Tournament under
Section 13 -23 of the Roanoke County Code to the provisions of
the County's noise ordinance, Article II. Noise of Chapter 13.
Offenses — Miscellaneous, Vinton Magisterial District; Windsor
Hills Magisterial District (Paul M. Mahoney, County Attorney)
In attendance from the JJ Redick Golf Tournament was Erin Hildreth,
Executive Director of Children's Miracle Network who summarized the event. Both
Supervisor Altizer and Elswick stated their support.
RESOLUTION 072412 -1 GRANTING A WAIVER TO BRANDON
LACROIX, TOURNAMENT CHAIRMAN FOR THE JJ REDICK
CELEBRITY GOLF TOURNAMENT TO BE HELD AT THE HOME
OF DAVID AND KIMBERLY SNYDER, 8380 POPLAR SPRING
LANE, ROANOKE, VA 24018 -5912 ON FRIDAY — AUGUST 17,
2012, UNDER SECTION 13 -23 OF THE ROANOKE COUNTY
CODE TO THE PROVISIONS OF THE COUNTY'S NOISE
ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES
— MISCELLANEOUS
WHEREAS, Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity
Golf Tournament, will be playing music outdoors on Friday, August 17, 2012, from 6:30
p.m. until 10:00 p.m. at the home of David and Kimberly Snyder, 8380 Poplar Springs
Lane, SW, Roanoke, VA 24018 -5912; and
WHEREAS, in order to accommodate the advertised time frame and to benefit
the community by raising funds to be donated to CHIP of the Roanoke Valley and the
Children's Miracle Network, Mr. LaCroix is requesting a waiver of the County noise
ordinance from 6:30 p.m. until 10:00 p.m., on Friday, August 17, 2012; and
WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County Noise Ordinance to avoid undue hardship upon consideration of
certain factors set forth in sub - section (b) of Section 13 -23 and after making certain
alternative findings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
404 July 24, 2012
1. That the provisions of Section 13 -21. Specific acts as noise, sub - section
(5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED from 6:30
p.m. until 10:00 p.m. on Friday, August 17, 2012.
2. That this waiver is granted specifically to Brandon LaCroix, Tournament
Chairman for the JJ Redick Celebrity Golf Tournament, for the event scheduled at the
home of David and Kimberly Snyder, 8380 Poplar Springs Lane, SW, Roanoke, VA
24018 -5912.
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
RESOLUTION 072412 -2 GRANTING A WAIVER TO BRANDON
LACROIX, TOURNAMENT CHAIRMAN FOR THE JJ REDICK
CELEBRITY GOLF TOURNAMENT TO BE HELD AT
BALLYHACK GOLF CLUB ON SATURDAY —AUGUST 18, 2012,
UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO
THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE,
ARTICLE II. NOISE OF CHAPTER 13. OFFENSES —
MISCELLANEOUS
WHEREAS, Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity
Golf Tournament, will be playing music outdoors on Saturday, August 18, 2012, from
6:00 p.m. until 11:30 p.m. at the Ballyhack Golf Club located at 3609 Pitzer Road,
Roanoke, VA; and
WHEREAS, in order to accommodate the advertised time frame and to benefit
the community by raising funds to be donated to CHIP of the Roanoke Valley and the
Children's Miracle Network, Mr. LaCroix is requesting a waiver of the County noise
ordinance from 6:00 p.m. until 11:30 P.M., on Saturday August 18, 2012; and
WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County Noise Ordinance to avoid undue hardship upon consideration of
certain factors set forth in sub - section (b) of Section 13 -23 and after making certain
alternative findings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the provisions of Section 13 -21. Specific acts as noise, sub - section
(5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED from 6:00
p.m. until 11 :30 p.m. on Saturday, August 18, 2012.
July 24, 2012 405
2. That this waiver is granted specifically to Brandon LaCroix, Tournament
Chairman for the JJ Redick Celebrity Golf Tournament for the event scheduled at the
Ballyhack Golf Club on Saturday, August 18, 2012.
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
2. Resolution requesting the Transportation Commissioner of the
Virginia Department of Transportation (VDOT) install and maintain
"Watch for Children" signs pursuant to Section 33.1 -210.2 of the
Code of Virginia, Catawba Magisterial District (Arnold Covey,
Director of Community Development)
Mr. Covey outlined the reason for the request and resolution. There was
no discussion.
RESOLUTION 072412 -3 REQUESTING THE TRANSPORTATION
COMMISSIONER OF THE VIRGINIA DEPARTMENT OF
TRANSPORTATION (VDOT) INSTALL AND MAINTAIN "WATCH
FOR CHILDREN" SIGNS PURSUANT TO SECTION 33.1 -210.2
OF THE CODE OF VIRGINIA IN THE CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, the General Assembly enacted an amendment to the Code of Virginia,
adding Section 33.1 -210.2 regarding the installation and maintenance of signs alerting
motorists that children may be at play nearby; and
WHEREAS, the Board of Supervisors along with the Virginia Department of
Transportation staff have instituted a local policy; and
WHEREAS, a petition has been received that meets both Roanoke County and the
Virginia Department of Transportation guidelines; and
WHEREAS, the property owners along West River Road (between Dry Hollow
Road and Bohon Hollow Road) have agreed to fund the costs of installation of the signs;
and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street
locations to be reviewed for the installation and maintenance of two "Watch for Children"
signs, pursuant to Section 33.1- 210.2, Code of Virginia:
Sign locations: 500' East and 500' West of 5441 West River Road.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded
to the Resident Engineer for the Virginia Department of Transportation.
On motion of Supervisor Church to adopt the resolution, and carried by the
July 24, 2012
following roll call and recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of A. B. Hammond to rezone approximately 47.7
acres from EP, Explore Park, District to AG -3, Agricultural /Rural
Preserve, District, located off Hammond Drive, Vinton Magisterial
District
Supervisor Altizer moved to approve the first reading and establish the
second reading and public hearing for August 28, 2012. There was no discussion. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
2. The petition of Christ the King Presbyterian Church to amend the
proffered conditions on approximately 4.70 acres zoned C -1C,
Commercial, District with conditions, and to obtain a special use
permit for religious assembly, located in the 2400 block of Electric
Road (Route 419) and near the intersection of Stoneybrook Drive
and Bridle Lane, Windsor Hills Magisterial District
Supervisor Elswick moved to approve the first reading and establish the
second reading and public hearing for August 28, 2012. There was no discussion. 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 lease with Oakland Properties for a
parking lot at Thompson Memorial Drive and East Main Street in
Salem, Virginia (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)
July 24, 2012 407
Ms. Green outlined the ordinance to approve a lease with Oakland
Properties and the need to adopt as an emergency measure due to time constraints.
Supervisor Altizer asked Ms. Green to explain exactly where this would be located.
There was no further discussion.
ORDINANCE 072412 -4 APPROVING A LEASE WITH OAKLAND
PROPERTIES FOR A PARKING LOT AT THOMPSON
MEMORIAL DRIVE AND EAST MAIN STREET IN SALEM,
VIRGINIA
WHEREAS, pursuant to Ordinance 42892 -7, Resolution 011497 -8 and
Ordinance 032602 -11, Roanoke County has leased from William Watts and Elizabeth B.
Watts and Oakland Properties, LLC a parcel of land containing approximately 0.680
acre, bounded by East Main Street, Craig Avenue and Clay Street for parking facilities
at the Roanoke County Courthouse and Jail since May 1, 1992; and
WHEREAS, said lease expired on April 30, 2012; and
WHEREAS, staff has negotiated with the property owner (now Oakland
Properties, LLC) for a new lease of an expanded parcel containing approximately 1.0
acre (47,672 square feet) for parking purposes; and
WHEREAS, no other suitable parcels or tracts of land are available for lease or
sale to use for parking facilities to serve County staff and the public at the Courthouse
and Jail facilities.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of
Roanoke County, the County is authorized to acquire property, including the lease of
real estate; and
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, the acquisition of any interest in real estate shall be accomplished by
ordinance, the first reading of this ordinance was held on July 24, 2012, and the second
reading of this ordinance has been dispensed with since an emergency exists, upon a
four - fifths (4 /5ths) vote of the members of the Board.
3. That the execution of an agreement with Oakland Properties, LLC to lease
a parcel of land containing approximately 1.0 acre (47,672 square feet), bounded by
East Main Street, Craig Avenue, and Clay Street, in the City of Salem for public parking
facilities at the Roanoke County Courthouse and Jail is hereby authorized.
4. That the lease term shall commence on August 1, 2012, and continue for
a period of five (5) years, with the option to renew for an additional five (5) year period
upon authorization by resolution adopted by this Board. The lease also provides for a
right of first refusal for the County, both on the leased premises, and the entire block,
which includes a small convenience store, should the owners decide to sell in the future.
408 July 24, 2012
5. That the base rent shall be the sum of $3,058 per month, with a six
percent (6 %) annual increase, and payment of any increase in real estate taxes that
may be directly attributable to improvements made to the property by the County.
6. That payment of rent ($1,858 per month) for the space currently rented by
the County (0.680 acre) shall be made from the funds available in the Courthouse
Maintenance Fees revenue account. That payment of rent ($1,200 per month) for the
additional space (0.402 acre) shall be made from the funds available in the Salem Bank
and Trust Account (which is self- funded from the rent paid by the Commonwealth of
Virginia for Social Services).
7. That the County Administrator, or an Assistant County Administrator, is
authorized to execute such documents and take such actions on behalf of the Board of
Supervisors in this matter as are necessary to accomplish the lease of this property, all
of which shall be approved as to form by the County Attorney.
8. 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 relocation of the following polling
places pursuant to Section 24.2 -306, 24.2 -307, and 24.2 -310 of the
1950 Code of Virginia, as amended: (1) Bennett Springs polling
place (107) to be relocated from the Masons Cove Fire Station to
Mountain Pass Baptist Church, 2975 Catawba Valley Drive, Salem
24153; (2) Garst Mill polling place (306) to be relocated from the
Library Headquarters to Cave Spring Rescue Station, 3206 Valley
Forge Avenue, Roanoke 24018; and (3) Hunting Hills polling place
(507) to be relocated from the Celebration Church of God to South
County Library, 6303 Merriman Road, Roanoke 24018 (Judith
Stokes, Registrar)
In attendance with Mrs. Stokes was Ron Keith Adkins, Secretary to the
Electoral Board. Ms. Stokes outlined the request. There was no discussion.
Supervisor Flora moved to approve the first reading and establish the second reading
and public hearing on August 14, 2012. There was no discussion. The motion carried
by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
July 24, 2012 409
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance amending Chapter 20. "Solid Waste" of the Roanoke
County Code (Anne Marie Green, Director of General Services)
Ms. Green outlined the ordinance; no change from the first reading of this
ordinance. Chairman Flora opened and closed the public hearing with no citizens to
speak on this issue. Supervisor Moore advised there had been several work sessions
on this issue and is in support. There was no further discussion.
ORDINANCE 072412 -5 AMENDING VARIOUS SECTIONS OF
CHAPTER 20. "SOLID WASTE" OF THE ROANOKE COUNTY
CODE
WHEREAS, the Board of Supervisors for Roanoke County has determined that
several clarifying amendments are necessary to the "Solid Waste" Chapter of the
Roanoke County Code for Definitions, Specific Collection Categories, and Supplemental
Collection Services; and,
WHEREAS, due to increased costs of operations and budgetary constraints
certain services which heretofore were provided free to County citizens will not require
the payment of a fee; and,
WHEREAS, the first reading of this ordinance was held on June 26, 2012, and
the second reading and public hearing was held on July 10, 2012; and
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, as follows:
1. That Chapter 20. "Solid Waste" of the Roanoke County Code be amended
to read and provide as follows:
Sec. 20 -1. - Definitions.
The following words and terms, as used in this chapter, shall have the
meanings ascribed to them in this section:
Automated collection. A mechanical method of garbage collection utilizing
a vehicle equipped with a hydraulic arm that empties menial nnntainers provided
by the nni . ty containers deemed compatible with equipment utilized by the
county.
Brush collection. Curbside collection of brush, small tree limbs, and other
arboreal materials from residential customers.
410
July 24, 2012
Bulk collection. Manual curbside collection from residential customers of
appliances, furnaces, air conditioners, furniture, carpeting, rugs, bagged leaves
and grass, boxes, four (4) unmounted tires, building materials and other
permissible household items.
Building material. Any homeowner generated material from small
remodeling or repair work. Examples of included items would be lumber (less
than three (3) feet in length), wood from trim, paneling, small amounts of
containerized drywall or ceiling tile, PVC or galvanized pipe (less than three (3)
feet in length). No individual piece or container may weigh more than fifty (50)
pounds. No more than a six (6) by six (6) by six (6) feet load will be collected at
any one (1) time.
Commercial collection. county's limited curbside collection of garbage
placed in approved containers, generated by licensed business establishments,
including three (3) to five (5) family rental properties, one (1) to five (5) unit retail
complexes, churches and church -run daycares.
Contractor /commercial waste. Waste material, including
construction /demolition waste, resulting from work performed under contract for
consideration. This includes, but is not limited to, trimming, yard maintenance
and remodeling or other home repair.
Curbside collection. The collection of solid waste that has been placed no
farther than five (5) feet from a curb or edge of a qualified road.
Debris waste. Stumps, logs, limbs, wood, brush, leaves, soil and rock from
land clearing operations.
Pay Loader Fre lea Dumpster -style trailer which may be reserved for
a fee by the county residential customers for one (1) weekday or one (1
^�°�d - for a specified period of time.
Garbage. Solid and semi -solid items including discarded food wastes,
wastes likely to decompose, bottles, waste paper, cans and clothing.
Hazardous waste. "Hazardous substances" as defined by the Virginia
Hazardous Management Waste Regulation; posing a danger to human health,
harm to the environment, including but not limited to oil -based paint, insecticides,
herbicides, poisons, corrosives, combustibles, caustics, acids, motor oils and
gasoline.
July 24, 2012 411
Household waste. Non - hazardous material, including garbage and trash,
derived from normal daily household activities hou
Industrial waste. Any solid waste generated by manufacturing or industrial
process that is not a regulated hazardous waste.
Physically- challenged service. Refuse pickup at the house for citizens who
are physician- certified as unable to transport garbage to the street.
Private road. A road not in the primary or secondary system. See also
"qualified road" below.
Premium garbage collection. Optional pickup of garbage from a residential
customer for a fee.
Residential customers. County res living in single family homes
nGluding individually owned townhouses duplexes, single lot mobile homes and
Gendeminii ims Occupied single family homes, individually owned townhouse,
duplexes, single lot mobile homes and some qualified condominiums within the
County.
Residential collection. Garbage, bulk and brush collection from residential
customer's dwellings.
Recyclables. Newspaper, cardboard, office paper, aluminum, copper,
steel, tin, auto batteries, motor oil.
Qualified road. A road in the primary or secondary system of highways in
the Commonwealth of Virginia will qualify unless deemed unsafe or inaccessible
by County administrator or designee. This term also includes private roads
meeting specific county prescribed conditions, as noted in section 20 -23 below.
Seasonal collection. Collection of Christmas trees and bagged leaves,
during applicable times of the year.
Solid waste. Solid and semi -solid materials including household garbage,
yard waste, brush, bulk household waste, un- mounted tires and other permissible
discarded, non - hazardous materials.
Yard waste. Lawn clippings, small brush and twigs, shrubbery clippings,
(Code 1971, § 14 -4 Ord. No. 72694 -4, § 1, 7- 26 -94, Ord. 012704 -3, § 1, 1 -27-
04; Ord. No. 101408 -2 § 1, 10- 14 -08)
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July 24, 2012
Sec. 20 -2. - Reserved.
Editor's note—
Ord. No. 72694 -4, § 1, adopted July 26, 1994, deleted, in effect repealed § 20 -2,
which pertained to rates and charges for use of county landfill.
Sec. 20 -21. - Article not applicable to Town of Vinton..
This article shall not apply to residents or commercial or industrial
establishments of the Town of Vinton, Virginia, an incorporated town lying within
the boundaries of the county, since the council for the town has provided for solid
waste collection for the residents of the town.
(Code 1971, § 14 -7; Ord. No. 72694 -4, § 1, 7- 26 -94, Ord. No. 012704 -3, § 1, 1-
27-04)
Sec. 20 -22. - Responsibility of county administrator under article...
The administration of this article, including the establishment of a budget
for providing effective solid waste collection service; the hiring of all employees
necessary for providing such service; the billing of persons receiving such
service; and all other matters related thereto shall be the responsibility of the
county administrator; provided, that all matters pertaining to the establishment of
an annual budget and the establishment of collection rates and charges shall be
approved by the board of supervisors.
(Code 1971, § 14 -5; Ord. No. 72694 -4, § 1, 7- 26 -94, Ord. No. 012704 -3, § 1, 1-
27-04)
Sec. 20 -23. - Right to, and application for, service.
All county residents shall be entitled to receive solid waste collection
service consistent with the provisions of this article, subject to the determination
of the county administrator, or his designee, regarding the economic feasibility of
providing such service to any particular location subject to the provisions of this
chapter and the policies of the board of supervisors. Any person desiring such
service shall make application through the office of general services.
Arrangements for payment, if required, shall be made at the time of application.
Solid waste collection service shall be provided to county residents from
and along a qualified road. This service may be provided from and along a
private road under the following conditions:
July 24, 2012 413
(1) There are at least three (3) homes on the road;
(2) The county has written permission from all owners to be on the
road, the owner /s assume the risk of any damage to the private
road arising from the provision of such service by the county; and
(3) The director of general services has approved the collection. This
approval shall be based on the feasibility and safety of operating
refuse collection vehicles on the private road.
(Code 1971, § 14 -6, Ord. No. 72694 -4, § 1, 7- 26 -94, Ord. 012704 -3, § 1, 1 -27-
04)
Sec. 20 -24. - Specific collection categories.....
(a) Weekly curbside collection. The county shall provide weekly curbside
garbage collection of household waste at no charge to all residential
customers, meeting requirements of this chapter, in the county. To receive
curbside collection, the following general rules must be followed:
(1) All containers placed within five (5) feet of the curb line of a
qualified road by 7:00 a.m. of the scheduled collection day.
(2) Containers shall be removed at least ten (10) feet from the public
street right -of -way no later than 7:00 a.m. of the day following the
scheduled collection day.
(3) All material placed in the container for collection must be bagged.
(4) No dead animals, hazardous material, automobile parts, ashes,
liquids, debris, rocks, dirt, mulch, concrete or construction waste,
contractor /commercial waste, or any other material deemed unsafe
for collection shall be placed in the containers for collection.
(5) Sharps and needles must be sealed in proper needle disposal
containers or other heavy, capped plastic containers, such as
detergent bottles, milk jugs or soft drink bottles.
(6) Pet feces must be double bagged before being placed in containers
for collection.
(7) Latex paint may be placed in containers after it has completely
solidified.
(b) Specific rules pertaining to automated collection. All residential customers
within the automated service area will receive one (1) automated
container. Weekly collection will only be for household waste, garbage and
yard waste placed within the container. The containers are assigned to the
structure, not to the occupants. All county residential customers are
eligible for a second container, which must be purchased. No more than
two (2) containers per residential customer will be allowed. Home based
businesses are eligible for one (1) container based upon the provisions
MEIAI
July 24, 2012
established in sub - section (e) of this section for commercial collection, but
such businesses are limited to no more than two (2) containers per
residential customers. When set to the curb line, each container must
have at least five (5) feet of clearance on all sides.
(1) The replacement fee for a container shall be established by the
solid waste manager subject to the approval of the county
administrator.
(2) Residents may be charged for repairs or replacement of containers,
if the loss or damage is due to negligence of the customer as
determined by the solid waste manager. The homeowner will be
responsible for purchasing a new container in all instances of loss
due to burning.
(c) Physically- challenged collection. Backyard household waste collection will
be provided to residential customers when everyone living in the structure
is disabled or handicapped and unable to transport the refuse to the curb.
A physician's certification of handicaps or disabilities is required for all
individuals residing in the household. Physically - challenged residents will
be required to renew this certification on an annual basis. The following
additional criteria apply:
(1) Customers receiving this service are limited to one (1) container.
(2) Customers will be subject to all automated guidelines except
placing container at curb.
(3) This service is reserved for household trash only. All materials
placed in containers for collection must be bagged.
(4) Bags shall weigh no more than thirty (30) lbs.
(5) The County reserves the right to review the certification if a
significant change in volume of trash occurs.
(6) This service is not available for bulk and brush collection.
(d) Premium garbage collection. Optional backyard service may be available
to residential customers for household waste only by application. The
charge for premium backyard collection will be a minimum of fifteen
dollars ($15.00) per month and will include service up to one hundred
(100) feet from the curbside pickup location. For each additional one
hundred (100) feet or fraction thereof, an additional ten dollars ($10.00)
charge will be assessed. The premium refuse collection charges shall be
paid in advance o n a q artery on a monthly or bi- annual basis. The
following additional criteria apply:
(1) Customers receiving this service are limited to one (1) container.
July 24, 2012 415
(2) Customers will be subject to all automated guidelines except
placing container at curb.
(3) All materials placed in containers for collection must be bagged.
(4) Bags shall weigh no more than thirty (30) lbs.
(5) This service is not available for bulk and brush collection.
(6) A nonrefundable application fee in the amount of twenty dollars
($20.00) shall be made in advance together with proper application
forms from the solid waste division of general services.
(e) Commercial collection. The county shall provide free, weekly, curbside
collection of garbage to licensed commercial establishments (including
churches and church -run daycares), generating not more than three (3)
county provided automated containers per week. This service will be
provided by application only through the office of general services. The
county will not provide collection to any apartment office, or retail
complexes of more than five (5) commercial establishments or to mobile
home parks of any size. The county will provide licensed commercial
establishments one container at no cost; the commercial establishment
may purchase two (2) additional containers. Commercial establishments
generating over three hundred (300) gallons of refuse per week are
required to secure private collection. The following conditions apply to
commercial collection:
(1) Commercial customers within the automated service area will be
subject to the rules pertaining to standard automated collection and
all county solid waste rules.
(2) Bulk/brush or bagged leaf collection is not available to commercial
customers.
(f) Nonresident collection. The county may, at its option, provide weekly
garbage collection to nearby, non - county residents upon application and
approval. A monthly fee of twenty dollars ($20.00) will be required. These
customers are allowed only one (1) container and they will be required to
pay a monthly rental fee of one dollar ($1.00) for the use of the container.
Non - county residents are not eligible for bulk/brush collection.
(g) Condominium and townhouse development collection. The county shall
provide once weekly pickup by an automated vehicle to residential
customers residing in owner - occupied condominium and townhouse
developments. The method of collection shall be consistent with the
collection service received by other residential customers.
(h) General. Debris waste will not be collected under any circumstances.
(1) Mixed or contaminated loads, e.g. bulk intermingled with brush, will
not be collected.
416
July 24, 2012
(2) Solid waste contaminated with hazardous wastes will not be
collected nor handled by county personnel.
(Ord. No. 62888- 13[A], §§ 1, 2, 6- 28 -88, Ord. No. 72694 -4, § 1, 7- 26 -94, Ord.
012704 -3, § 1, 1- 27 -04; Ord. No. 101408 -2 § 1, 10- 14 -08)
Sec. 20 -25. - Supplemental collection service. .
(a) Brush collection. The county provides free brush collection every other
week to residential customers. Brush or other yard waste collection
service will not be provided to commercial or non - county residential
customers. It will be the responsibility of premium and physically -
challenged customers to place any brush items at the curb for collection.
Brush must be placed as close as possible to the curb line or road (at a
minimum within five (5) feet) and five (5) feet away from any horizontal
obstruction and have overhead clearance, such that the operation of the
equipment is not impaired or restricted. Such placement shall be made no
earlier than the Saturday preceding the scheduled collection and no later
than 7:00 a.m. of the day scheduled collection date.
(1) Brush resulting from normal property maintenance, may not exceed
six (6) feet in length or twelve (12) inches in diameter. Tree stumps
less than one (1) foot in width must be free of all dirt, grass, clumps
etc., in order to be collected by county personnel. Stumps must be
placed manually at the curb in order to be collected. Debris waste
will not be collected pursuant to this section. The cuttings, limbs,
and stumps must be placed in a pile not to exceed six (6) by six (6)
by six (6) feet in size.
(2) Brush cuttings and tree limbs resulting from commercial tree
trimming operations (contractor /commercial waste) will not be
collected.
(3) Brush resulting from land- clearing will not be collected.
(b) Yard waste. Residential customers may place small quantities of bagged
yard waste in their county - provided containers on their regularly -
scheduled collection day. Excess quantities of yard waste must be placed
in disposable containers, to include but not be limited to, plastic or paper
bags and adjacent to the road or curb line for scheduled bulk collection.
The disposable containers must be of substantial construction and shall
not weigh more than fifty (tin) pounds thirty (30) pounds when full. The
containerized clippings must be separate from any other bulk or brush
items set out for collection.
(c) Seasonal collections. For a six -week period, usually beginning with the
first Monday in November, bagged leaves will be collected on a schedule
to be set by the director of general services. The service is not offered
July 24, 2012 417
(d)
(e)
during the week of Thanksgiving. The county will not provide vacuum
service for the collection of leaves.
(1) Leaves must be placed in sturdy, tied, plastic bags within five (5)
feet of curb and may not exceed thirty (30) fifty pounds per
bag.
(2) Christmas trees will be collected separately from other yard waste
during a one -week period in January. Trees must be placed within
five (5) feet of the curb with all decorations removed so they may
be safely mulched.
Notice will be provided as to exact collection dates for these services.
General. Materials resulting from land- clearing operations or commercial
yard waste management operations will not be collected pursuant to this
section. It will be the responsibility of the contractor or owner to properly
dispose of any such materials.
Bulk collection. The county provides free collection of bulk items every
other week to residential customers. Bulk collection service will not be
provided to any commercial customers. It will be the responsibility of
premium and backyard service customers to place any bulk items
adjacent to the qualified road or curb line for collection. The bulk items
must be placed as close as possible to the curb line or road (at a minimum
within five (5) feet) and five (5) feet away from any obstruction. The items
must be completely clear of any overhanging wires or branches, in order
to be collected. Such placement shall be made no earlier than the
Saturday preceding scheduled collection and no later than 7:00 a.m. the
day of collection.
(1) Reserved.
(2) Residential customers can place no more than a pickup truck size
load of bulk for pickup. If it is necessary for the materials to be
containerized, the container must be of a disposable nature.
(3) Bulk items include materials resulting from normal household
activity, including but not limited to, items such as appliances,
furniture, four (4) unmounted tires, four (4) pallets, bicycles, swing
sets (disassembled), lawn furniture, and cardboard moving boxes
or other trash resulting from moving and small amounts of
homeowner generated building materials.
(4) Any construction /demolition waste set out for collection must be
less than three (3) feet in length (wood, boards, pipes, plaster
board etc.), weigh less than thirty (30) fifty pounds per piece
and be no more than a pickup truck load in total. Material deemed
likely to be blown around shall be containerized by some means.
The resulting container can weigh no more than thirty (30) fift
n Fe
July 24, 2012
lbs. The material cannot have resulted from contracted work.
Concrete and roofing shingles will not be collected by county
personnel.
(5) Any material that may be windblown must be bagged. Any glass
items, such as mirrors, windows or shower doors, must be taped
and bagged.
(6) Latex paint may be placed out for bulk collection after it has
completely solidified.
(7) Excluded items: All prohibited waste, such as concrete, asphalt,
pavement, roofing shingles or tiles, dirt, mulch, rock, debris waste,
hazardous materials, animal carcasses, automobile parts, propane
tanks and riding lawnmowers will be the responsibility of the owner
or contractor to properly dispose of.
(f) Additional disposal services. County residential customers are entitled to
the use of a fourteen -foot trailer "freeloader" o+ no nhoroe on a "first come,
first serve" basis for a fee. The fee schedule shall be in accordance with
rules and regulations promulgated by the county administrator or his
designee. The freelT trailer must be scheduled in advance and is to
be used during spring cleaning, basement or attic cleaning, or major yard
work projects. Use of the trailer freelT is also governed by the
following criteria:
(1) l si
Redentia GUStGMers may the fr
y e�aes no more than
i c�.�r�rcrrcrcr� ���..
four (4) times a dear
(2) Materials may only be hand loaded (not mechanically) onto the
trailer.
(3) Total amount of material on the trailer may weigh no more than
10,000 lbs.
(4) Small items or any material susceptible to wind must be
containerized in some manner, such as bags or boxes.
(5) The trailer freelT will be delivered only to occupied residential
homes. Homes currently under construction are not eligible to
receive the freeloader. The trailer freelT will only be delivered
to a safe and easily accessible location determined by solid waste
staff.
(6) The resident must be home to accept delivery of the trailer
freelT to sign a release liability form.
(7) No hazardous materials or debris waste or shall be placed in trailer
freelT
(8) Permissible items include 4 un- mounted tires, brush, bulk, small
amounts of homeowner generated building materials and yard
waste pursuant to section 20 -1
July 24, 2012
419
(9) Prior to removal the loads will be inspected and the resident will be
required to remove non - approved materials. The load may be
dumped back on the property if it is deemed unacceptable due to
type or volume of material.
(g) County residents may take pick -up truck loads of bulk items and brush
originating from their residence to the Tinker Creek Transfer Station free of
charge. The number of such loads permitted without charge, and other rules and
regulations pertaining to removal and disposal of bulk items and brush at the
Tinker Creek Transfer Station, shall be in accordance with rules and regulations
promulgated by the county administrator or his designee. In special
circumstances upon request, the county administrator or his designee may issue
special dump permits for the disposal of bulk items and brush at the transfer
station in addition to the number of loads generally permitted for county
residents.
(Ord. No. 62888- 13[A], §§ 1, 2, 6- 28 -88, Ord. No. 72694 -4, § 1, 7- 26 -94, Ord.
012704 -3, § 1, 1- 27 -04, Ord. No. 101408 -2 § 1, 10- 14 -08)
Sec. 20 -26. - Penalties....
Any violation of the provisions of article II shall be punishable as a class 3
misdemeanor. In addition, collection service by the county may be discontinued
until the violation is abated or corrected.
(Ord. No. 012704 -3, § 1, 1- 27 -04)
Sec. 20 -27. - Reserved.
Editor's note—
Ord. No. 72694 -4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20_
27 , which pertained to special collection of excluded items and derived
from Ord. No. 2177, adopted Nov. 14, 1978.
Secs. 20- 28- 20 -39. - Reserved. .
2. That this ordinance shall be in full force and effect from and after its
passage.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
420 July 24, 2012
IN RE: APPOINTMENTS
1. Board of Zoning Appeals (appointed by District)
Supervisor Charlotte Moore has recommended the appointment of Barry
Beckner to represent the Cave Spring District for the unexpired term of Kevin Barnes,
who has accepted a job out of State. This term expires June 30, 2014. Confirmation of
this appointment has been placed on the Consent Agenda.
IN RE: CONSENT AGENDA
RESOLUTION 072412 -6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for July 24,
2012, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 6 inclusive, as follows:
1. Approval of Minutes — June 12, 2012; June 26, 2012
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Pamela G. Martin, Police Records Supervisor, upon her
retirement after more than twelve (12) years of service
3. Confirmation of appointment to the Board of Zoning Appeals (appointed by
District); Western Virginia Regional Jail Authority
4. Resolution amending Resolution 102610 -5 appointing the Authority Board
Members for the South Peak Development Authority
5. Request to accept and appropriate funds in the amount of $5,000 to the
Roanoke County Public Schools for the Roanoke County Governor's Science,
Technology, Engineering and Math (STEM) Academy
6. Request to accept and appropriate Virginia Office of Emergency Medical
Services fifty percent (50 %) matching grant (WV- C07/06 -12) in the amount of
$14,827 for the purchase of a Mechanical CPR Device for use on cardiac
arrest patients
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
July 24, 2012 421
NAYS: None
RESOLUTION 072412 -6.a EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO PAMELA G. MARTIN, POLICE RECORDS SUPERVISOR,
UPON HER RETIREMENT AFTER MORE THAN TWELVE (12)
YEARS OF SERVICE
WHEREAS, Pamela G. Martin was hired on November 22, 1999, as a Police
Records Supervisor during her tenure with Roanoke County; and
WHEREAS, Ms. Martin retired on June 30, 2012, after twelve (12) years and six
(6) months of devoted, faithful and expert service with the County; and
WHEREAS, during her time serving Roanoke County, Ms. Martin performed a
crucial role in the development and implementation of paperless storage, for all criminal
investigation reports; and
WHEREAS, during her time serving Roanoke County, Ms. Martin was
responsible for the receipt, processing and reporting of all criminal investigation and
traffic reports originating from events within the County of Roanoke; and
WHEREAS, the critical task for reporting accurate and timely criminal activity
information to the FBI Uniform Crime Reports was performed in an outstanding and
comprehensive manner; and
WHEREAS, Ms. Martin went above and beyond in her efforts to recognize her
staff within the Records Unit by having frequent events to foster team work; and
WHEREAS, Ms. Martin extended her teamwork efforts and relationship building
endeavors by inviting other segments of the department to join the Records Unit in their
events; and
WHEREAS, Ms. Martin was known for her leadership, unwavering energy,
relentless tenacity, outstanding performance and faithful service with the County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does express its deepest appreciation and the appreciation of
the citizens of Roanoke County to PAMELA G. MARTIN for twelve (12) years and six
(6) 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
422 July 24, 2012
A- 072412 -6.b
RESOLUTION 072412 -6.c AMENDING RESOLUTION 102610 -5
APPOINTING THE AUTHORITY BOARD MEMBERS FOR THE
SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY
WHEREAS, Resolution 102610 -5 adopted by the Board of Supervisors on
October 26, 2010, appointed five individuals to serve on the authority board for the
South Peak Community Development Authority; and
WHEREAS, since the appointment one of the appointees, Diane D. Hyatt, will
retire from her position at Roanoke County and has indicated she will withdraw from
serving on this board; and
WHEREAS, the Board of Supervisors may remove at any time, without cause,
any member appointed by it and may appoint a successor member to fill the unexpired
portion of the removed member's term.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that this Board hereby appoints the following member to the South Peak
Community Development Authority effective August 1, 2012, to replace Diane D. Hyatt
for the remainder of a four (4) year term expiring on October 25, 2014:
Rebecca Owens
BE IT FURTHER resolved that the Clerk to the Board be, and hereby is, directed
to send a copy of this resolution to the individual named herein and the other members
of the South Peak Community Development Authority.
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- 072412 -6.d
A- 072412 -6.e
IN RE: REQUESTS FOR PUBLIC HEARINGS
Supervisor Church requested a public hearing to be held August 28, 2012,
regarding the freedom of religion issue. He notes citizens have expressed concerns;
something of this magnitude should be by public hearing.
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke:
July 24, 2012 423
Lynda LaPrade of 5509 Will Carter Lane in Roanoke, Virginia stated she is
from the Cave Spring district. She advised she reminds the Board today that the
Virginia legislature, the U.S. House of Representatives and the U.S. Senate open with
prayer. The United Stated Constitution in amendment 1 speaks against the
establishment of any one religion, but it also protects the free expression of religion.
The Virginia Constitution states, all men are equally entitled to free exercise of religion
according to the dictates of their conscience. It also continues all men shall be free to
profess their opinions in religion and the same shall in no ways diminish, enlarge or
affect their civil capacities. This board establishes no specific religion. Any controversy
could be easily settled by inviting all churches located in Roanoke County to participate
no matter if Christian, Buddhist, and any religion. The one person who complained
could also be included in that rotation to express his or her views. People could remain
seated, thereby assuring that no one is singled out if they do not wish to participate.
This issue is another step in what she has seen in a majority of this board. They listen
and follow what outside groups want the Board to do more listening to the wishes of
those you are supposed to represent. She advised she saw it with the wind turbine
issue; those that lived in the area expressly wanted protection. People living outside the
County, many of whose livelihood depends on alternate energy, wanted weaker
restrictions. Guess who got what they wanted? When the vote on ICLEI was taken the
majority of those opposed to ICLEI were County residents and the majority of those in
favor of ICLEI were outside the County and had vested interests. Guess who got what
they wanted? It is apparent the majority of citizens want the prayer to remain only one
person and a group from Wisconsin who complained. The Board says it does what is
best for the County, but does it really if the Board does not listen and choose outside
interests over ours. Obey the United States and Virginia constitution. Show us that we,
the County residents, are the ones that matter to you. It is past time for you to listen to
those who elected you.
Noah Tickle of 1603 Frosty Lane in Salem, Virginia stated he has been a
Roanoke County resident since 1956. He stated he believes from years of observation
involving the Roanoke County Board of Supervisors, he believes he knows the present
Board enough casually, and does not hesitate to say none of the Board members are
opposed to opening their meetings with an invocation. I have not investigated yet
whether or not their meeting order of business is subject to rules of order; the standard
of this bears the title Robert's Rules of Order. If this is true, our Roanoke County Board
of Supervisors have their sworn duty to be in order. When in order, one has the duty to
function in order. That being said, the very first order of business is to open with an
invocation. God is always first; then comes Country. That's the Pledge of Allegiance to
the flag of the United States of America. If my statements have ever been not so, then
there is out of order violation and subject to point of order, which would be problematic
for Roanoke County. If that violation continued it would have legitimate concerns for
County documents. I have never observed or heard of a Roanoke County Board of
Supervisors in the past doing anything other than opening with an invocation, therefore
424 July 24, 2012
very much in order. In fact, great effort is given to have an elaborate invocation, all of
which gives reverence. Let's develop some backbone, be responsible for a change,
stand for liberty, we are losing, we are losing our constitution. We are losing our
Christian constitutional republic. Do not allow a letter from the Wisconsin cheesy,
cheese anti -God factory to have any effect on the invocation. Stand for liberty.
Pastor Greg Irby of 4339 Daughtery Road, Salem, Virginia stated her first
wanted to say thank you for the opportunity to share something that he is very
passionate about. I think it's pretty ironic that we are standing here today discussing it
with what just happened in Colorado, but also wanted to thank the Board again for what
it does for the citizens of Roanoke County and again also the opportunity to speak
briefly on this matter. The events that transpired again this week in Colorado should
cause each of us to consider the results of removing the influence of Bible and prayer
from the public scene. On June 25, 1962, 39 million students were forbidden to do what
they and their predecessors have been doing since the founding of our nation, publicly
calling on the lord at the beginning of each school day. The New York school children
which prompted the Engel vs. Vitale ruling had simply prayed "almighty God, we
acknowledge our dependence on thee and beg thy blessing over us, our parents, our
teachers and our nation." For just a moment, he advised he would like to remind the
Board of some things that took place after that ruling. August 1, 1966, a student at the
University of Texas shot and killed thirteen (13) students from the campus observation
tower. October 5, 1966, Grand Rapids High School, one student was shot and a school
administrator was shot and killed. November 12, 1966, Rosemark College of Beauty,
Mesa, Arizona, four died and two were injured. The four who died were all women; they
were killed execution style, shot point blank range in the back of the head. February 8,
1968, South Carolina State College, Orangeburg, SC, three students were killed and
twenty -nine were injured. February 19, 1969, Pomona Junior High School, Pomona
Wisconsin, Principal Martin Morganson was shot to death by a 14- year -old student.
November 28, 1969, Penn State University, State College, Pennsylvania, an English
graduate student was stabbed to death in the school library and the case is still
unresolved. February 1, 1971, Leeds Junior High School, Mt. Airy, Pennsylvania,
Sampson Freedman a fifty -six year old teacher was shot and killed by fourteen year old
Kevin Simmons. April 1972, Decatur Central High School, Indianapolis, Indiana,
sophomore George Jenkins was shot and killed by his sister. 1972, Oakland Technical
High School, Oakland, California, a boy stabbed a girl in the heart and killed her after
she moved his chair out from under him in the cafeteria. April 1974, at a high school in
Brownstown, Indiana, an assistant principal James Blevins was shot three times in the
back by student David Fleming, killing him instantly. November 7, 1974, Wagner
College, New York City, Helen Surgeon, 19 was stabbed to death and because of a
limitation on time he moved forward to April 16, 2007, the deadliest school shooting
rampage in United States history took place at Virginia Tech where thirty -two students
lost their life. Prior to the removal of bible and prayer in schools, there was only eight
recorded school shootings on public school campuses and one of those was an
July 24, 2012 425
accident. Can we not admit that since taking away prayer from the public school room
things have grown far more dangerous? The cost of decisions being made like the
decision in 1962 goes well beyond monetary cost, which I know many political leaders
look at. The true cost is a lack of morality as the chairman mentioned a moment ago,
disrespect and disregard for authority, and little to no regard for human life. I want to
encourage you members to think long and hard before succumbing to the pressure to
discontinue opening these meetings in prayer. He stated he fears the future results will
certainly cost us more than the Board or a citizen of this County would want to pay. In
quoting George Santana, "Those who do not remember the past are condemned to
repeat the same mistakes." Let me say this afternoon, let's not make the same
mistake.
Charles E. Speck of 6423 Fairway Forest Drive in Roanoke, Virginia
stated Mr. Chairman, distinguished members of the board of supervisors, thank you for
allowing me to speak to you on the issue of prayer in your meetings. I'd like to start in
history when the pilgrims came to America; they came to a place where they could
freely worship God as Christians. They wrote the mayflower compact in a way to bring
honor and glory to God. It was a majoritine model, meaning good to the majority in
governing. When the founding fathers of our Country wrote the contract forming the
structure of our new nation, they used the mayflower compact as a model. They
recognized God and his influence on America. They prayed to God for his divine
guidance and acknowledged him as the true leader of our Country. They were given by
God almighty insightfulness and wisdom to write the greatest contracts ever recorded
our constitution. But it was the supreme court in the early 60's that had a golden
opportunity to say no but didn't to Madeline O'Hara's request to take prayer out of our
schools They should have in his humble opinion, told her that our Country was founded
on Christian beliefs and prayer was one of the cornerstones of our freedom. Because
they sided with her, he feels strongly that's when the moral decay of America began and
the decline of common sense. The Roanoke County Board of Supervisors have been
assaulted in a similar way, a small group wants you to stop praying at your meetings.
They want you to stop inviting someone to lead the prayer session. Please don't give
in. You have been right all these years to pray. If you give in, you are saying you've
been wrong and that's not true. You must stand up for your rights to pray as much as
we do. I am on your side in this issue and believe I speak for way many more than the
ones who want it removed. Be courageous and stand your ground to pray as many
more are with you than against you. Most importantly, I believe God is with you and I
hope you don't disappoint him.
Mike Bailey of 7516 Deer Branch Road in the Hollins district stated he is
thoroughly convinced our founding fathers intended for God to have some constitutional
influence in our governance. If you desire to have prayer for wisdom and guidance
before entering into the business of the Board of Supervisors he believes it is within
your constitutional liberties to do so. I believe it is within those rights to ask a pastor or
clergy person to lead you in such a prayer. I also believe it is within the constitutional
426 July 24, 2012
liberties to even have these prayers within the four walls of the boardroom. I believe the
issue is not really having prayer when it's done, but doing so in the name of Jesus
because that makes it an endorsement of a religion, Christianity. I pray that way as
does many in the community. By offering a prayer in such a manner, you are being
charged with establishing a religion. By restricting a prayer you are restricting your
freedoms to pray and to express a religion. After so many people have died for our
Country to defend our religious freedoms, it seems a shame to him that we have to
spend more money to do it again. But would encourage you to fight this assault on
religious freedom. I assume if you have not already done so that you will ask the county
attorney to offer a policy of wording that's acceptable to allow you to follow the common
practices of community of prayer. Botetourt County has offered a moment of silence
asking all those people to pray in private, asking for guidance and wisdom for the
supervisors. This seems acceptable upon the service and will work for a while. Every
day we see examples that our nation is in decay. It's obvious to him that this decay gets
worse every time we remove God from our lives as a nation. It's got to stop somewhere.
I hope it will stop in Roanoke. I do believe that God will bless us if it does.
Linda Oliver of 1672 Mountain Heights Drive, Roanoke stated she is a
mom and lives over on Mountain Heights Drive in the county of Roanoke. If I moved to
china I probably would have to worship Taoism because the people in government of
that nation would not change its religious customs it accommodate unbelievers of their
faith. I might have the right not to worship Taoism if I choose not to, maybe. If I move
to India I probably would have to worship Hinduism because the people and
government of that nation would not change its religious customs to accommodate
unbelievers of their faith. I might have the right not to worship Krishna if I chose not to,
maybe. If I moved to the Middle East, I would have to worship Allah because the people
and government of that nation would not change its religious customs to tolerate
unbelievers of their faith. I might be beheaded if I did not worship Allah. There would
be no choice. If I moved to or lived in America, I would not have to worship the God of
the Bible, but the people and the government of this nation should not be stripped of its
religious heritage to accommodate unbelievers of our fate. In America, we are a
Country that is free because our beliefs were founded in the God of the Bible, the God
who gives us a choice. Because our constitution grants freedom of religion, it gives
others who may not desire to worship our God the choice and right to worship their own
God. Stand firm in your belief which makes our Country and our community morally
strong. United we stand and divided we fall.
Isabel Kase of 5220 Archer Drive stated she is very grateful for this
opportunity to voice her opinion and she has strong opinions on this subject. I never
heard of the Freedom from Religion Foundation. I've heard of the ACLU and how they
are trying to remove our God from this nation altogether, but I "googled" this Freedom
from Religion Foundation and I found out they are free - thinkers, agnostics and atheists
and atheism is a religion and believing there is no God is a religion. This thing about
separation from church and state, I've heard this all my life and they've got it backwards.
July 24, 2012 427
When our constitution was written, it states that, and it's the reason the pilgrims,
somebody mentioned the pilgrims, the reason they left England was so we could have
freedom of religion and pray to the God of our choice. And it's been twisted to keep
religion out of government and it's really to keep government away from religion, not to
interfere with religion. And how that got so twisted, I don't understand and I don't know
why it isn't straightened out because it's in our constitution. And our constitution has
been trampled on and they are trying to scrap it and I can remember back in 1963 when
prayer was taken out of the schools, back in those days, life was safe. You could let
your children play outside, not worry where they were. If something was stolen, you
didn't have to lock your cars, you didn't have it lock your house. Now if something is
stolen from your car, it's your fault because your car wasn't locked. When we remove
prayer, we remove the Lord from guiding our Country and the good pastor prayed for
wisdom and wisdom comes from the God of Abraham, Isaac and not Allah. We have
been praying in here for 43 years in Roanoke County. And how one person can
complain and not just here but elsewhere, one person complains and we either have to
spend tons and tons of money on lawsuits or we cave and I can see why so many are
caving. And our Country is just spiraling downward from where it was in her day. As
Franklin Graham said, "Christians are being persecuted and Muslims are given a pass."
Our founding fathers founded this Country on the God of Abraham, Isaac and Jacob.
The first Webster's dictionary, the definitions actually came from the Bible. I don't know
if many people are aware of that, but it's true.
Liz Kasza of 5028 Falcon Ridge Road in Roanoke stated eighteen and
one half (18 1 /) years ago my family and I had to consider where in America where we
would be welcome. She stated she had job opportunities all over America as an
occupational therapist. There is a huge shortage in America. This continues to be a
problem. She advised she flew with her husband all over America interviewing and had
hundreds of offers. They considered every area and recognized Roanoke County with
amazing schools, low crime rates, low unemployment, a low cost of living, but most of
all, we came to hear of this amazing place called the "Bible belt." For us this was the
number one place of the entire America; the best kept secret in America is Roanoke.
We have enjoyed 18 years, amazing, amazing years and she stated she believed it is
because number one, we recognize God and we recognize that you as leaders
recognize that God comes first and that as we humble ourselves and we pray and we
recognize him first and we see his guiding hand that we have enjoyed 18 years as a
family of blessing. She advised her three children have gone to Virginia schools. We
have stayed in the same area in Roanoke County and we are blessed. So, she asked
the Board as leaders, as a community that we will continue this practice of seeking God,
of humbling ourselves and enjoying his many blessings. Thank you for everything you
do.
Max Beyer of 2402 Coachman Drive stated he first want to echo the
comments the Board made, the chairman made earlier by our staff, Mr. Goodman and
his staff and the response that all of you guys made to the emergency the first part of
428 July 24, 2012
the month. They did an outstanding job; and he stated he wanted to thank you on
behalf of the citizens. Concerning public prayer, you said earlier, Mr. Chairman that you
want to do the right thing. You want the board to try to do the right thing; staff tries to do
the right thing. I want to ask you, why do you do that? What is the basis for that self -
imposed requirement? It is imperative that our public institutions present a proper
example to citizens concerning moral standards and standards of behavior. We cannot
rely upon so- called "accepted standards of morality" or "universal standards of good and
bad behavior." There is no sectarian basis for morality. If so, where are they? Where
are they written down and promulgated by authorities? There is a significant difference
between God's laws and those written by man. The later are subject to whim and
change whenever it suits man's purposes. We find morality only in faith -based
standards. The continued existence of evil in this Country is exhibited by events in
Blacksburg, Penn state and more recently Aurora, Colorado; they clearly demonstrate a
severe decline in morality. We are in dire need of God's help. Why do we say prayer
when we're in trouble? Essentially it's because we rely upon a power greater than man.
As all of us can witness in America, the national response to tragedy is prayer, even by
a president who says this Country is no longer Christian and despite some of the
scientific community who find that there is no God, no beginning or end to eternity. It's a
false proposition in my judgment. At its roots this issue is about power. Pursuit of
power by a small, nameless minority, even of individuals who do not reside in the
County, they seek to impose their will on a majority of people in the County who only
want to rule their institutions in accordance with the dictates of their morality. Is the
County citizens' collective desire that we rely on and be guided by a higher power? The
current agenda provides this. It's all about accountability, accountability to the citizens
and to our God. I plead with this body to take a stand to take necessary action,
irrespective of its cost to continue prayers at its public session.
Bruce Hartwick of 3464 Colonial Avenue in Roanoke, Virginia stated the
biggest argument that the Freedom from Religion Foundation has, obviously, is
separation of church and state. The only thing that really means is the state cannot tell
somebody how they can or how they should pray. It does not mean that we should take
prayer out of our meetings, be it public or private. In fact, in the first amendment of the
US Constitution it states clearly that congress shall make no law respecting an
establishment of religion or prohibiting the free exercise thereof, which clearly states
that, well, can't exactly take prayer out of our meetings and I think we made a mistake
when we took it out of the schools. It says in the Virginia State Constitution that all men
are equally entitled to the free exercise of religion. He stated he did a little bit of
research on the Freedom from Religion Foundation web site. Only fifteen percent
(15 %) of people do not believe in God, be it agnostic or atheist. I'm asking you this, why
should we take prayer out of our meetings just to make a few people happy, just to
make only fifteen percent (15 %) of people happy. He respectfully requested that the
Board does the right thing and honors their constituents by keeping prayer at the
meetings.
July 24, 2012 429
J. Michael Palmer of 5933 Byron Circle in Roanoke, Virginia stated he has
been a resident of Roanoke County since 1981, not quite as long as our friend here
that's been a resident since 1956, I've been here a while, pastored two churches and
several hundred families that live in the County and know the Board and has been doing
business here a long time. He stated he also appreciates what the lady said that had
been here the last 18 years. To him, she said it all about what we have in our county
here. I think she just wonderfully said, well said what we have. But, he advised he is
here to humbly ask you as you deliberate here in closed session and he realizes you
are about to undertake something that we didn't think was going to be coming, one of
those things that sort of hits us, like, wow, we weren't planning on this and we have a lot
of other work to do. But I would humbly ask you to take the stand that others have
asked you it take in these days. One of the things that kind of gets me, the belief in the
Judeo Christian ethic, the ethic upon which our Country is founded, it actually calls upon
us to respect those that don't believe. It's one of the interesting things about that, the
ethic upon which our Country is founded; we will actually fight for the right for somebody
not to believe. So that's something he wants the Board to be thinking about. Even the
person that may have objected to what we're doing as far as prayer, we're actually
defending their right not to believe when we pray. We're actually standing for that right.
And so we are asking, you know, you to stand with us and I believe, you know, as you
do this business over the next several months and this thing takes place and this is
going to be in the courts, I believe as you take this stand, I believe Roanoke county
residents will stand with you. They will come along your side and encourage you and
like you've never had, you will have people that are with you like you've never had.
think it will be an awesome thing. So he wants to encourage you with that. I know it's
going to take some time; it's going to take some effort. We weren't looking for that but
just believe that as we pray we are thanking God that we respect all people, everybody
of all stripes. We are not trying to put something on someone else, we are thanking
God that we are together in this endeavor called Roanoke county and we want to do it
right and believes that you are going to do it right as well. Further, to him, to take prayer
out would make it worse not only for those that believe, but for those that don't believe.
It will make it worse for everybody in our County. So he wants to challenge the Board
with that and believes we have legal precedent on our side. If you take this stand, he
believes it will go well for us. It may cost us something, but believes it will go well for us
and for our County and wants to encourage the Board as they deliberate in these days.
Scott Mange of 556 Fort Lewis Blvd. in Salem, Virginia stated he is the
President of Secular Humanist of Roanoke Society. He represents sixty (60) people, a
collection of sixty (60) non - believers, and you know the arguments before you but
wanted to come up here today and express our wishes as their representative of 60
county residents that you remove the prayers from the start of your meetings. It's not
just an outside group like the Freedom from Religion Foundation, but it's my family, all
non - believers. It's the sixty (60) members of our group, all non - believers. So we are
430 July 24, 2012
your compatriots and your citizens and we ask that you end this illegal practice and we
hope to find a way to do this that does not involve the courts.
Susan Edwards of 4121 Givens Road in Salem, Virginia stated she lives in
the Catawba Magisterial district. I'd like to echo the compliment to the County staff
during the response to the duracho storm and the manner in which our professional
rescue squad and police officials stepped up to inform us as well that they have taken
an after action evaluation and will be updating our plan based on their experience. She
stated she is here today to address the board regarding the invocation before board
meetings. Last evening, she sent the Board and the County Administrator, Mr.
Goodman an email with a couple attachments and she has a copy of these that she will
give to the clerk when we're finished just in case you had any problems with that
electronic transmittal. The package included two attachments, an open letter to
legislative bodies that are within the fourth circuit court of appeals, as well as a model
policy regarding the opening invocation before meetings of a legislative body. These
were provided to me by the Alliance Defending Freedom. She stated she believes this
practice should be acceptable, the model to the secular humanists who have just been
represented in comment here. She also has just this afternoon obtained additional
information from the Rutherford Institute who, by email, submitted a copy to the Board
and copied me on it as well to the Board but it was this afternoon and does not know if
you have received those. She advised she made a copy, printed those out as well. It
included a cover letter as well as a model policy for your consideration. The American
Center for Law and Justice has also weighed in on this and has provided comments and
she has made a copy for your review as you do deliberate on this issue. We are within
the fourth circuit court of appeals and there have been challenges by the Freedom from
Religion Foundation. They have, with the support of the ACLU, they are suing
Pittsylvania County, Virginia Senator Bill Stanley is willing to talk with the Board if you
are interested as well as our county attorney. His experience in dealing with the ACLU
and based on my discussion with him, it comes down to we're trying to make money on
this, which is just absolutely frustrating that a group that is supposed to be supporting
freedoms and liberties and desperate treatment between beliefs is going to sue for
money rather than look for a good practice policy that can be in place. I think you are all
adults of good quality and character representing our citizens and I just put these things
together, along with some signatures she has collected in support of the invocation, and
will be praying for the Board as they deliberate and look at instituting a policy that we
can defend but putting a policy in place that will allow us in Roanoke County to continue
with this practice of having invocations before our meetings.
Brad Archer of 682 Yeu Tree Road stated for some of the Board members
it's been a long time since he has seen them and for others not so long. He is with the
Foundation for America. He advised in spite of his recent associations with some
pastors, he will keep his remarks brief. Apathy and ignorance are the greatest threat to
a free society. We are under siege in this state by groups that will trample on the very
document they pretend to uphold. These groups pretending to uphold these rights are
July 24, 2012 431
increasingly intolerant and would rather trample the rights of many citizens for the sake
of a few. They practice discrimination by stealth because few are capable of
recognizing it. They file these lawsuits only as a way of extracting money for their
organizations and their executive directors, money that comes from the taxpayers of this
county. All efforts involving Pittsylvania County included a price tag. This is nothing
short of judiciary extortion. The government shall not establish a religion nor prohibit the
free exercise thereof or abridge free speech, yet these people who wish for a federal
court to rule in their favor would gladly have any one of you board members be denied
the very rights under the very constitution that you took an oath to uphold; only because
your exercise of free speech may include a prayer. It couldn't be any clearer that what
these people are seeking is in and of itself unconstitutional. This commonwealth and
this Country is looking for a brave and resolute body to draw the line and to make a
stand, to say that there is a line that you will not cross, there is a point by which you
shall not pass. It is time once and for all to stamp out this form of intolerance and this
form of discrimination.
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: CLOSED MEETING
At 4:53 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 5. Discussion
concerning a prospective business or industry or the expansion of an existing business
or industry where no previous announcement has been made of the business' or
industry's interest in locating or expanding its facilities in the County, 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 and Section 2.2- 3711.A.29. Discussion of the award of a
public contract involving the expenditure of public funds and discussion of the terms or
scope of such contract, namely, a proposal for a project under the Public- Private
432 July 24, 2012
Educational Facilities and Infrastructure Act of 2002 for a criminal justice training facility,
where discussion in open session would adversely affect the bargaining position or
negotiating strategy of the County. The motion carried by the following recorded vote
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
Closed session A.5 and A.29 were held from 6:06 p.m. until 6:43 p.m.
Closed session A.7 was postponed until after the evening session.
IN RE: WORK SESSIONS
At 4:54 p.m., Chairman Flora recessed to the 4 floor for work session
and closed meetings.
1. Work session to review the Fire and Rescue Department
Volunteer Incentive Program (VIP) proposed change (Woody
Henderson, Volunteer Chief)
In attendance for this work session was Fort Lewis Volunteer Fire Chief
Woody Henderson, Hollins Volunteer Rescue Chief Jeff Edwards, Jennifer Conley
Sexton, Volunteer and Public Relations Coordinator and Cave Spring Volunteer Rescue
Chief Laura Alexander. The work session was held from 5:11 p.m. until 5:48 p.m. Chief
Alexander gave a brief history of the program through a PowerPoint presentation, a
copy of which is on file in the office of the Clerk to the Board of Supervisors. Supervisor
Altizer inquired with regard to the volunteers that were close to making their numbers,
did the group discuss providing a cumulative total so they know where they stand.
Chief Alexander responded they are provided with a total on a quarterly basis and some
on a month -to -month basis.
Supervisor Church advised it looked better to him and asked Chief
Henderson if it was being received well with Chief Henderson responding he believes it
is. There are still some questions that some people have. He thinks the program was
set up to insure the calls get answered and we have people actively working and not
receiving money for something they did not do. The primary goal is better service for
the citizens of Roanoke County. This will put a little incentive to each person. He thinks
this will work.
Mr. Goodman advised there were some questions from the Cave Spring
and asked them to summarize their concerns. Chief Alexander explained a letter was
submitted from Chief Perdue, which she has not read. His question was if you are at a
station for twelve hours and did not receive a call, whether or not those hours would be
counted for or against. Chairman Flora stated the answer to that would be they do get
points if you are pulling duty. He asked what if they are pulling duty, but you do not
July 24, 2012 433
sleep over; maybe you are at a facility that does not have sleeping facilities. Do you get
any points for pulling duty even if you do not get any calls? Chief Alexander explained
points are given for pulling duty if you are at the station pulling duty on the 8 point
qualification sheet, but Chief Perdue's question was whether or not the prequalifier
would take those hours and throw them out. The percentage for the prequalified is
based solely on calls and does not include those hours. Chairman Flora asked if every
facility has sleep facilities for their volunteers? Chief Alexander answered negatively.
Supervisor Church asked which ones do not. Chief Henderson advised Catawba and
Mason's Cove do not (10 and 4). Mr. Goodman explained the letter was written by
Chief Perdue, the volunteer fire chief for Cave Spring and it was addressed to Ms.
Moore and Mr. Elswick. Copies need to be provided to the other members.
Chief Henderson advised with regard to the standby, they will still get the
points, but with the prequalifier thing you have to run at least ten percent (10% of the
calls.
Supervisor Church asked if there was any way they could help Stations 10
and 4. Chief Henderson advised the lack of facility does not have an impact on meeting
the numbers. Chief Alexander advised lack of service times seems to be causing the
inability to meet the numbers.
Supervisor Moore stated her only question with regard to Cave Spring and
Mason Cove, could you round up. Chief Henderson stated if you look at 35 calls, and
that is all that person had to run and if you divide 12 into 35. That is not very many
calls; 3 calls a month.
Chairman Flora advised that rescue calls can limit a lot of members. Chief
Henderson advised with Vinton, Hollins and Cave Spring they looked at that exactly
because of what Supervisor Flora mentioned. Cave Spring will go three deep anywhere
from 6:00 p.m. at night until 6:00 p.m. in the morning. Vinton and Hollins are the same.
What that does if they come into the station, they will get a point for that call, so the
second call is quicker than the first call because people are already there.
Supervisor Moore asked how Chief Henderson's volunteers feel about this
change. He responded by stating he thinks it is more fair and everyone seems to be in
agreement. He stated he thinks they should try it and look at later down the road, if
necessary. Chief Alexander stated they looked at eight, five and three percent (8, 5
3 %) and the three percent (3 %) is closer to the average for every agency.
Supervisor Altizer stated he felt the ten percent (10 %) did not look right or
feel right. He stated when you look at the numbers across the Board and the fact that
you put a point for coming in and occupying the station, it should eliminate any excuse
of someone cannot make it. It seems there are safeguards in place. He stated it is
probably as fair as you can make it.
Supervisor Altizer, Church and Moore thanked the Chiefs for the work that
was done on this.
Supervisor Elswick asked if there are people who are on duty, for example
500 hours a year, yet they do not qualify for the monetary reward simply because they
434 July 24, 2012
are not there when they need to respond to a call. Chief Alexander stated it would be
very rare, but is also something that they pulled the data for and looked at within the last
year. Supervisor Elswick stated he personally believes any individual, who contributes
a certain amount of hours, i.e. 500 hours, deserves some kind of recognition. He does
not want to leave anybody behind without any recognition that might have put in 500
hours a year.
Chief Henderson stated there might be one that would slip through the
cracks somewhere, but does not think so. Chief Alexander stated that might be
something they could look at to put in this year. Chairman Flora stated if they put in 500
hours and are certified they are going to hit a lot of calls; that is a lot of time.
Supervisor Elswick asked if they knew what the average number of hours
a typical volunteer put in. Chief Alexander advised it would vary by station and they do
not have the average by station. Chief Henderson stated some stations keep a log. It
was Supervisor Elswick suggestion that they many want to monitor.
It was the consensus of the Board to proceed but monitor.
2. Work session on the Transient Occupancy Tax and the Roanoke
Valley Convention and Visitors Bureau (CVB) (B. Clayton
Goodman III, County Administrator)
This work session was held from 5:49 p.m. until 5:56 p.m. Mr. Goodman
outlined the General Assembly had approved the increase on July 1, 2012. He inquired
if the Board wanted to start the process by having a first reading on August 14, 2012,
and a public hearing and second reading on August 28, 2012 to implement a two
percent (2 %) increase. If approved, Mr. Goodman stated he would notify those
individuals who came forward in December so they can be involved in the public
process as we move forward. Mr. Goodman noted if the Board does consider this, the
way the General Assembly wrote the bill, the additional two percent (2 %) has to go to
the Roanoke Valley Convention and Visitors Bureau (CVB). Chairman Flora inquired if
that can offset some of the money Roanoke County already gives with Mr. Goodman
responding that would be possible. He also indicated the City of Salem and Roanoke
are considering going to eight percent (8 %) and give three of the eight percent (3% of
the 8 %) to the CVB. He stated it would be his recommendation to the Board if Roanoke
County went to seven percent (7 %), CVB would receive three percent (3 %).
Supervisor Elswick inquired why would Roanoke County have to kick in
another one percent (1 %) if it went to two percent (2 %). Mr. Goodman responded by
stating there has been discussion at each of the two cities and the County who primarily
make up the largest percentage of the CVB that with a three percent (3 %) funding
model, it would give the CVB enough marketing funds to expand what they are doing
and try to increase activity. By increasing the activity, it would increase the amount of
people paying meals tax, occupancy tax, etc.
July 24, 2012 435
Supervisor Elswick stated that made sense. So, it was the consensus of
the local area entities that an additional one percent (1 %) to come out of the general
fund. Mr. Goodman responded there was discussion about increasing CVB, each of the
governments would consider giving the CVB three percent (3 %). This would provide
them with sufficient funding to expand their marketing capabilities.
Supervisor Altizer inquired what percentage of the five percent (5 %) they
are receiving now with Mr. Goodman explaining a little less than two percent (2 %).
Supervisor Elswick asked if it should be phased in. Supervisor Altizer
responded it would depend on how the General Assembly would perceive and any other
initiatives that Roanoke County goes forward with.
Mr. Goodman stated he felt everyone was surprised this was approved.
There were a lot of people behind the scenes working on this.
It was the consensus of the Board to move forward with the first reading.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Chairman Flora moved to return to open session. He
indicated the Board held work sessions and closed sessions were not concluded and
will be concluded at the conclusion of the meeting.
IN RE: BRIEFINGS
1. Briefing on the Commonwealth of Virginia, Department of
Taxation, Review of Sales Price Data and Assessment Quality
Report for Roanoke County (B. Clayton Goodman III, County
Administrator)
A- 072412 -7
Mr. Goodman gave a briefing of the report, a copy of which is on file in the
office to the Clerk to the Board of Supervisors. The sales data on the website is
incorrect as previously explained to the Board and needs to be corrected. The second
issue was if the sales data was incorrectly reflected on the website, did it effect the
correct valuation of the property. The report indicated after reviewing thirty -one (31) the
properties were valued correctly. The final issue was whether or not the real estate
values were inflated. The review team did not find anything to support that the values
were inflated. Mr. Goodman then asked the Board to proceed with the correction of the
sales price data on the website.
Supervisor Church stated he still had some concerns, but
expressed that tonight's meeting is probably not the right time. He did request that
Roanoke County change the software being used by other localities for continuity
purposes. Supervisor Flora then moved to have the County Administrator authorized to
436 July 24, 2012
make changes to the Real Estate software program to ensure that the actual price paid
for real estate is reflected accurately on the County's website. The motion was
approved and carried by the following roll call and recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of South Peak Residences LLC, et al to rezone
11.411 acres from R -3, Medium Density Multi - Family Residential
District, and C -2C, General Commercial District, with conditions,
to R -4C, High Density Multi - Family Residential District, with
conditions, identified as Area "A" on the Concept Development
Plan for 176 multi - family residential units; and to rezone 11.940
acres from R -3, Medium Density Multi - Family Residential District,
to R -3C, Medium Density Multi - Family Residential District, with
conditions, identified as Area "B" on the Concept Development
Plan with a proffered density limit of 23 single family residential
units, involving several properties (077.20 -01- 48.01 -0000 and
077.20 -01- 50.00 -0000; and portions of 077.20 -01- 52.00 -0000 and
087.08 -03- 11.00 -0000) located at 4240 Elm View Road, 4252 Elm
View Road, and 4486 Summit Street, Cave Spring Magisterial
District (Philip Thompson, Deputy Director of Planning)
Mr. Thompson outlined the ordinance and noted new proffers were added
to the ordinance. Mr. Thompson then introduced Mary Ellen Goodlatte, attorney for the
petitioner, who outlined the reason for the request.
Chairman Flora opened and closed the public hearing. There were no
citizens to speak.
Supervisor Moore disclosed her landscaping company does some work
for this developer's entities and there is a letter on file in the County Attorney's office
from the Commonwealth Attorney and the County Attorney stating that there is no
conflict of interest. She stated she attended the Community Meeting on June 4, 2012,
and a lot of people came from Slate Hill, Quail Ridge and Hunting Hills. There was a lot
of discussion going on and thinks everyone left pretty pleased with this rezoning. She
added that the cemetery was mentioned and the cemetery has been fenced with a
really nice fence, it has been cleared of debris and trees and scrubs, etc. and mulched.
This is an added asset. The traffic was discussed, ingress egress will not change and
remain the same and we will be reducing the homes down to twenty -three (23). She
stated she recommended approval of the rezoning.
July 24, 2012 437
Supervisor Elswick stated he toured the area and this is an incredible
development with a lot of advantages to everyone involved. It is a very risky
development for the developer, who has most of the risk. Assuming it turns out the way
it is envisioned and it sure looks like it will because they are doing a great job with the
design work and construction; tremendous benefit in terms of additional tax revenue for
the County, which will take some burden off other taxpayers as a result of this
development. It is very innovative and thinks it is going to be a tremendous asset to
that area of the County.
Supervisor Church stated the developers and petitioners have done a
really good job. He stated he has been in favor of this since day one and feels
everyone will benefit if this becomes a huge success.
Chairman Flora stated he felt the idea of reducing the density adjacent to
Hunting Hills and putting it to the center is a good move; it makes the transition of the
project much smoother to the higher density portion and thinks it is a good plan
ORDINANCE 072412 -8 REZONING 11.411 ACRES FROM R -3,
MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT,
AND C -2C, GENERAL COMMERCIAL DISTRICT, WITH
CONDITIONS, TO R -4C, HIGH DENSITY MULTI - FAMILY
RESIDENTIAL DISTRICT, WITH CONDITIONS, IDENTIFIED AS
AREA "A" ON THE CONCEPT DEVELOPMENT PLAN FOR 176
MULTI - FAMILY RESIDENTIAL UNITS; AND TO REZONE 11.940
ACRES FROM R -3, MEDIUM DENSITY MULTI - FAMILY
RESIDENTIAL DISTRICT, TO R -3C, MEDIUM DENSITY
MULTI - FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS,
IDENTIFIED AS AREA "B" ON THE CONCEPT DEVELOPMENT
PLAN WITH A PROFFERED DENSITY LIMIT OF 23 SINGLE
FAMILY RESIDENTIAL UNITS, INVOLVING SEVERAL
PROPERTIES (077.20 -01- 48.01 -0000 AND 077.20 -01- 50.00 -0000;
AND PORTIONS OF 077.20 -01- 52.00 -0000 AND 087.08-03-11.00 -
0000) LOCATED AT 4240 ELM VIEW ROAD, 4252 ELM VIEW
ROAD, AND 4486 SUMMIT STREET, CAVE SPRING
MAGISTERIAL DISTRICT, UPON THE APPLICATION OF SOUTH
PEAK RESIDENCES LLC, ET ALS.
WHEREAS, the first reading of this ordinance was held on June 26, 2012, and
the second reading and public hearing were held July 24, 2012; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on July 3, 2012; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
438 July 24, 2012
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
approximately 11.411 acres, as described herein, and located at 4240 Elm View Road,
4252 Elm View Road and 4486 Summit Street (Tax Map Numbers 077.20-01-48.01 -
0000 and 077.20 -01- 50.00 -0000; and portions of 077.20 -01- 52.00 -0000 and 087.08 -03-
11.00 -0000) in the Cave Spring Magisterial District, is hereby changed from the zoning
classification of R -3, Medium Density Multi - Family Residential District, and C -2C,
General Commercial District, with conditions, to R -4C, High Density Multi - Family
Residential District, with conditions, identified as Area "A" on the Concept Development
Plan for 176 multi - family residential units; and to rezone 11.940 acres from R -3, Medium
Density Multi - Family Residential District, to R -3C, Medium Density Multi - Family
Residential District, with conditions, identified as Area "B" on the Concept Development
Plan with a proffered density limit of 23 single family residential units, involving several
properties.
2. That this action is taken upon the application of South Peak Residences,
LLC; Slate Hill I, LLC; Slate Hill II, LLC; DNAL Holdings III, LLC; Elm View, LLC; M &H
Holdings, LLC; McNeil Properties, LLC; Patton Place, LLC; South Peak Hotel, LLC;
Woodcliff Investments, LLC; and the Western Virginia Water Authority.
3. That the owner of the property has voluntarily proffered in writing the
following condition which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
A. With respect to the property described on the attached Exhibit A (the
Area A tract):
1. Area A will be developed in substantial conformity with the
Concept Development Plan made by Mattern & Craig dated June
14, 2012, subject to such changes as may be required by
Roanoke County during comprehensive site plan review.
2. The height of any building in Area A shall not exceed sixty (60)
feet (as measured by the Roanoke County Zoning Ordinance).
3. All facades and finishes of buildings in Area A shall be of similar
design, colors, materials and detailing as shown on the rendering
prepared by Jones and Jones dated September 9, 2011, and
attached hereto as Exhibit A -1.
4. No freestanding light pole, including fixture, shall be more than
eighteen (18) feet above grade. All exterior lights, including
security lighting, shall be down -lit or shielded so as not to direct
glare onto adjoining streets or properties. The intensity at
adjoining streets or properties shall not exceed 0.5 -foot candles.
All street lighting shall be designed to complement the
architecture of the adjacent buildings.
July 24, 2012 439
5. All residential buildings in Area A shall be connected by
sidewalks. Sidewalks shall be constructed in accordance with
Roanoke County design standards.
B. With respect to the property described on the attached Exhibit B (the
Area B tract):
6. Area B shall be developed only for single - family dwellings.
7. Area B shall be subdivided such that no more than twenty -three
(23) single - family dwellings shall be constructed thereon.
8. A sidewalk or walking trail, constructed in accordance with
Roanoke County design standards, shall be installed along one
side of the streets to be developed in Area B.
9. A row of evergreen trees shall be installed along the southern
boundary of Area B which adjoins tax map parcels 87.08 -06-
16.00 through 87.08 -06 -28.00 inclusive, planted twenty (20') feet
on center.
4. That said real estate is more fully described as follows:
Being 11.411 acres and 11.940 acres of real estate located at 4240 Elm
View Road, 4252 Elm View Road, and 4486 Summit Street and further
described as Tax Map Nos. 077.20 -01- 48.01 -0000 and 077.20-01-50.00 -
0000; and portions of 077.20 -01- 52.00 -0000 and 087.08 -03- 11.00 -0000.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Church, Elswick, Flora
NAYS: None
ABSTAIN: Supervisor Altizer
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke.
Hayden Furrow of 1510 Innsbrooke Drive in Salem, Virginia stated the first
amendment of our constitution guarantees freedom of religion, but if you visit the old
Christ Church in Philadelphia you will see embedded in the stain glass windows our
440 July 24, 2012
founding fathers on their knees asking wisdom from Almighty God as they wrote our
constitution. The quotation of these men on the memorial of Washington, DC
demonstrates how vital these men felt our freedom to exercise our faith in our great
creator is to the welfare of every citizen in this nation. After all these men's relatives are
the ones who came here to escape a government imposing worship system. He stated
he is one of 16 million men who fought in World War II to defend the freedoms of our
constitution; guaranteeing those fortunate enough to be a US citizen to be free to
worship as they see fit. He stated he would like to point out also that out of the
16 million there's 400,000 of the 16 million that died defending this freedom and
218,000 of them are buried in ten (10) countries in Europe, Africa, the Philippines and
other places. In addition, there are 94,000 whose names are listed but their bodies
were never found. He understands the Board has received a complaint from an
organization called Freedom from Religion stating that someone in Roanoke County
has filed a complaint stating to the effect that the Board opening the Board of
Supervisors meeting with prayer is a violation of the first amendment. It is true our
constitution prohibits our government from establishing any religious activity and he
thanks God for that protection. The first amendment also guarantees another vital
protection and he quoted from the constitution. "Congress shall make no law respecting
the establishment of religion or prohibiting the free exercise thereof." What religion has
been established by the US Congress in their prayer before each session? He also
stated what religion has been established by President Franklin Roosevelt when he led
the nation in prayer for our troops June 6, 1944? They were exercising their freedom
guaranteed by our first amendment. Prayer by this body is exercising the first
amendment freedom that we are guaranteed to have. And it is essential for the
decisions that you make for this County. For those who say they are infringed upon, he
would say, remember, there are at least 312,000 people who are remembered in ten
(10) countries who died to allow them the freedom to make that decision, to exercise
that decision. But he would also like to remember they died so the rest of us can
exercise our belief in our God. If they choose to just disregard the founding fathers that
is their privilege. It is also our privilege to respect our fathers and to worship our faith in
our God almighty. The affairs of our Country are too important not to seek wisdom from
our creator. He stated he understands this body is considering taking action to stop
opening each session of the Board of Supervisors meeting with prayer and understands
looking at the agenda it may have discussed that some today. He stated he would like
to make a petition to you, sir and ma'am. "I, Hayden Furrow of Roanoke County petition
the Roanoke Board of Supervisors not to abandon the practice of prayer and that the
practice of opening with prayer be left as it has been for over forty (40) years. We,
Roanoke County need the guidance of almighty God." Our nation is a Christian nation.
If you examine the laws of our nation it will show the laws are based on biblical
teaching. "I beg you, do not allow those who do not choose to practice Christianity to
July 24, 2012 441
chip away at the practices our founding fathers established and have been practicing
since 1776."
Chairman Flora reminded the speakers to pay attention to the light
signals.
J. B. Mixon of 4508 Summerset Circle in Roanoke, Virginia stated he is
from the Cave Spring Magisterial District. He stated if liberal groups like the ACLU or
Freedom from Religion decided to outlaw motherhood or church attendance in America
would you be telling us Roanoke County cannot afford to fight their threatened lawsuit?
applaud the instances when you supervisors are careful with taxpayer's money,
however there are some things worth fighting for; the right to open supervisors' public
meetings with multidenominational prayers is one of those. Why is the Board willing to
cave in because you received one letter in the mail from Wisconsin? Shouldn't this
group be willing to come down here in person and present their case if their request is
valid? He stated he wished the Board has been this fearful when so many citizens of
the county posed spending 35 million of our tax dollars on a new recreational center in
North County. The Board approved that expense anyway over the objections of many
citizens and taxpayers. With our rights constantly being eroded by the damaging
agenda of the Obama regime, he stated he thinks it's time we took a stand locally here
in Roanoke County and said enough. As a Christian, he stated he believed our God
given right to pray is worth fighting for. He hopes any of the supervisors who consider
themselves a Christian will be willing to stand with him and the majority on this
important issue. Please keep the multidenominational prayer to open supervisor
meetings.
Susan Edwards of 4121 Givens Road in Salem, Virginia stated she lives in
the Catawba Magisterial District and had the pleasure to address the Board at the
citizen comments as part of the 3:00 p.m. meeting of the Board and just wants to
request that you consider the information that she provided to the Board as part of her
submittal earlier and thank you for your time this evening and that you schedule a public
hearing on this issue as you consider adopting a policy that will allow us to consider
prayer that would be acceptable under the fourth circuit court of appeals in the federal
court system. She also thanked the Board for their attention to how to address this issue
in a manner that will allow us to be legal but to continue in this practice.
RoxAnne Lane Christley of 7259 Willow Valley Road in Roanoke stated
the right of freedom of religion is so central to American democracy that it was
enshrined in the First Amendment of the Constitution along with other fundamental
rights such as freedom of speech and freedom of the press. It states congress shall
make no law respecting an establishment of religion or prohibiting the free exercise
thereof. In order to guarantee an atmosphere of absolute religious liberty, this county's
founders had a district separation of church and state because of the prohibition against
government regulation or endorsement of religion. Diverse faiths have flourished and
442 July 24, 2012
thrived in America since the founding of the republic. Indeed, James Madison who is
father of the United Stated Constitution once said, "The religious devotion of the people
has been manifestly increased by the total separation of church and state." She stated
she has attended many of the Board of Supervisors meetings and never seen them
promote or endorse any religion. She stated she believes that most of the people who
do regularly attend these meetings and those who know the current Board of
Supervisors as well as past Supervisors can be assured that all religions have and will
be given the opportunity to offer an opening prayer, a statement or moment of silence.
Americans are still among the most religious people in the world and yet the
government plays almost no role in promoting, endorsing or funding religious institutions
or religious beliefs. Free from government control and without government assistance,
religious values, literature, traditions and holidays permeate the lives of our citizen and
in a diverse way form an integral part of our natural culture. By maintaining the wall of
separation of church and state, we can guarantee the continued vitality of religion in
American life today. We are talking about freedom of religion, not freedom from
religion. The organization that brought this complaint to you has a right to their own
beliefs, but their premise that the first amendment supports their position is completely
off base. As stated earlier, the first amendment states that the congress shall make no
law respecting an establishment of religion or prohibiting the free exercise thereof. The
free exercise thereof is free to everyone including this organization, the organization
that opposes our tradition of opening prayer. If they do not believe or participate then
so be it but their intrusion in our community is completely out of line and should not
have any bearing on how this board conducts their meetings. She stated she strongly
believes it is her duty to stand for the constitution, the correct and accurate definition of
an implementation of the constitution. This board was elected by the local citizens of
the Roanoke Valley to represent them and as one of those citizens she wants the Board
to keep the opening prayer at these meetings. Let alone, left alone and allowed for any
religion. I know that it's not just Christianity that gives opening prayers here and I
appreciate that. As a member of the Church of Jesus Christ of Latter Day Saints, we
have an article that states we claim the privilege of worshipping the almighty God
according to the dictates of our conscience and allow all men the same privilege. Let
them worship how, where or what they may. She stated she has nothing against any
other religion or the people that want freedom from religion but they have no right to
come here and tell us that we have no right to have opening prayer. She stated she
hopes you will continue to implement that tradition in our community. It's very vital. She
stated she respects your willingness to allow us to speak to you and hope that you will
continue to keep it that way.
Al Bedrosian of 8346 Cardington Drive in Roanoke stated he is from the
Hollins District. He stated it is true that separation of church and state is in the
constitution. It's just that it's not in ours. It was in the former Soviet Union and we see
July 24, 2012 443
where they, what happened to them. He stated he is here today for somewhat of a
selfish reason. He stated he has been in conversation with people that are older than
him a lot and ask what were they doing in the 60's and 70's when we removed the Bible
and prayer from the schools and from our public square. Many times they regret that
they were busy with life. They had jobs to do and children to raise and they regret not
taking a stand. He stated its unfortunate on one hand that we elect representatives such
as yourself; your job is really to guard the door. We should really be able to remove
ourselves from politics and government; that's your job. We elect you to do that. We
have a relationship republic; we do not have a democracy as such. So we expect you
to carry on the traditions that made this Country great. At times there will be times we
need to remove laws and regulations that are bad but let me tell you what. Prayer is
good for this county and prayer is good for our Country. I'll tell you what, getting back to
my selfish reason, he wants to make sure when my children grow up and have children
of their own and my grandchildren, my children say hey dad what were you doing when
they tried to remove prayer from the Roanoke County Supervisors and he will say, you
know what? I attended rallies and I came and spoke and I made my voice heard. It's
ironic that our president as other presidents do, our president over the last several days
has been traveling the Country. You know what he's been doing? You know he's been
telling other people to do? Pray. You know why? Because we have a tragedy in
America, a disaster struck and that's when we turn back to this God. I have to tell you
what; it's childish of us to do that. It's very childish; only to come back to this God when
we need him when disaster strikes. He closed by saying he checked out this individual,
this attorney that wrote this letter; Patrick Elliott. His mom was changing his diaper
when Ronald Reagan was president. He graduated in 2009 and dictating to you all right
here, grownups, what to do about prayer in our community. It's amazing that the
pressure he can put as a 29 year old on us to change the way we live here in Roanoke.
Our supreme court has a release of the ten (10) commandments right behind them just
as you all are sitting they have the ten (10) commandments sitting behind them. You
take that away from them first before you do it to us.
Ken Srpan of 2009 Montclair Drive from the Catawba Magisterial District
stated he wanted to thank the Board for allowing him to speak in reference to the
Freedom of Religion Foundation letter that everybody else is speaking about. He stated
he respectfully encourages the Board not to abandon your decade old traditions of
beginning each session with prayer. He stated he can regale the Board with quotations
from a to w, Adams to Washington, regarding our Country's need for God. He can talk
about the United States capital regularly serving as a church building well until after the
civil war or he can remind the Board of the references of in God we trust on our
coinage, currency and architecture. However for him this is a matter of intimidation,
capitulation and leadership. The Board received a letter from an organization that
claims a national membership that is imperceptibly less than one percent (1 %), the total
444 July 24, 2012
population of the United States. They received a complaint from a local resident. One
alleged anonymous complaint from someone who did not have the courage to confront
the Board directly. From someone who hides behind the veil of out of state bullies.
One letter referencing one anonymous complaint that may or may not be real because
we do not know who the person is. One letter from an organization that says you must
at a minimum drop your sectarian devotional practices; they request a written response
as to how the Board is going to acquiesce to their demands. He stated he hopes and
prays the Board does not plan to capitulate to this intimidation. It's amazing the US
Constitution says congress shall make no law respecting the establishment of religion or
prohibiting the free exercise thereof yet the US House of Representatives and the US
senate continue their century long tradition of having chaplains begin each day with
prayer. There is no mention of the first amendment about boards of supervisors, city
councils or state legislatures. Yet this board is willing to forego its prayerful tradition at
a sign of intimidation. That is some legacy of leadership you're leaving this County. It's
a far cry from 236 years ago when the signers of the Declaration of Independence
facing far greater intimidations showed amazing leadership by pledging their lives,
fortunes and probably referred to nature's God, creator, supreme judge and divine
providence in doing so. Now the question is what will the Board proudly do.
William C. Fizer of 5431 C Peters Creek Road in Roanoke stated he is not
a lawyer or a preacher or politician but is a citizen of Roanoke County and a small
business owner. The systematic attack by the ACLU and the Freedom from Religion
Foundation actually is very dangerous and goes farther than the attack on the Roanoke
County board. A recent news article two days ago they sued a small town in
Connecticut for holding high school graduation ceremonies in a church. They claimed
that was against the constitution and he does not know whether the school board
backed down or not. But they said it was not allowed under the law because it had
religious signs and so forth in the church. The fact that prayer is allowed by
governmental and private citizens in public or private, there's no prohibition against that
anywhere in any of the documents of the United States. As a matter of fact it goes to
the core reason that the United States was formed in the first place. And so these
historical documents that led up to the constitution from the 1215 Magna Carta to the
Articles of Confederation to the Mayflower Compact, Constitution, Declaration of
Independence, every one of those documents are religious in nature and based on
Judeo- Christian principles and not based on Hinduism or Islam or any other thing and
not based on arbitrary ideals. Every one of these documents is based on Judeo
Christian principles and that is why the result in Giles County just defies
comprehension. The ten (10) commandments were removed because it referred to
God in the ten (10) commandments, but the Mayflower Compact still hangs up there
and the very first sentence says, "To the glory of God, amen." It continues on in the
other things, which he is not going to read tonight. So all of these documents including
July 24, 2012 445
the Declaration of Independence that someone earlier referred to having the words
about God and the creator and inalienable rights and an inalienable right is a right given
by a supreme being that can be earned nor taken away. So the Freedom from Religion
Foundation is already free from religion as all the rest of us are. One doesn't have to
practice religion but one cannot prohibit the free practice of religion, public or private.
You can't have a religious service on 581 in the middle of rush hour traffic because
that's a safety issue. But the very few prohibitions if any on public prayer by
governmental bodies or private citizens. There are so many things in our past that point
to all these facts. For example, Thomas Jefferson and the US Congress passed a
resolution in early 1800's to use the US capital for church service. Up to 2000 attended
every service and ironically Jefferson's first service as president that he attended in the
US capital building church service was two days after he wrote the letter of condolence
to the Danbury Baptist Church and had the metaphor about the separation of church
and state. He wasn't concerned about that at all. He was concerned the government
cannot interfere with religion. It did not prohibit the practice of religion in public facilities
or in private. He stated he hopes the Board will consider all these things and if the
board pleased he has documents he can leave with the clerk that illustrates all of this.
Noah Tickle of 1602 Frosty Lane and Roanoke County resident since
1956.ince 1956. Stated, IPCC, "The Intergovernmental Panel on Climate Change ",
" "IPCC Admits Its Past Reports Were Junk. "This is why we need to eliminate the UN
socialist Trojan Horse ICLEI from our midst. He advised here is an approximate three
minute "skinny." On June 27, the Intergovernmental Panel on Climate Change (IPCC)
issued a statement saying it had "completed" the process of implementation of a set of
recommendations issued in August 2010 by the InterAcademy Council (IAC), the group
created by the world's science academies to provide advice to international bodies.
Hidden behind this seemingly routine update on bureaucratic process is an astonishing
and entirely unreported story. The IPCC's reports were flawed, as a many global
warming "skeptics" have long claimed, thus the scientific footing of the man -made
global warming movement - -the environmental movement's "mother of all environmental
scares " - -is undermined. The Obama administration's war on coal is unnecessary.
Billions of dollars in subsidies to solar and wind has been wasted. Trillions of dollars of
personal income have been squandered worldwide in campaigns to "fix" a problem that
DID NOT exist. In plain English: the IPCC reports are not peer- reviewed. The IAC found
that "the IPCC has no formal process or criteria for selecting authors" and "the selection
criteria seemed arbitrary to many respondents ". Government officials appoint scientists
from their countries and "do not always nominate the best scientists from among those
who volunteer, either because they do not know who these scientists are or because
political considerations are given more weight than scientific qualifications ". In other
446 July 24, 2012
words: authors are selected from a "club" of scientists and nonscientists who agree with
the alarmist perspective favored by politicians. Please defund ICLEI, now.
Barney Arthur of 204 Minnie Bell Lane in Vinton stated he has a unique
perspective regarding prayer. He stated he is a resident of the Town of the Vinton and
is also interim pastor of Mountain View Baptist Church in Catawba. So he has both
ends of the county covered. No one he has spoken with, no one that he has spoken
with since this issue has been raised is in support of the Board walking away from
opening its sessions asking for our Holy Father to bless your activities. My perspective
is somewhat different than the previous speakers and hopefully the speakers to come.
My perspective is each and every one Board member. Because his duty as a pastor is
dealing with your eternal salvation if you profess to be a Christian and you believe what
the holy Bible stands for, Luke chapter 9 verse 26, for whoever is ashamed of me and
my word the son of man will be ashamed of him when he comes in his glory and the
glory of the father and the holy angels. Let me let you know he would shiver in my
boots if he took a stand against my lord and savior Jesus Christ. He stated he prays, if
you profess to be a Christian that you will be shaking in your boots also. Because
what's the legacy that each and every one of you will hold in eternal? Did you take a
stand for Jesus or did you turn your back? What did you want to be known as? A man
and lady that's willing to take a stand, have a legacy of being faithful or having a legacy
of being the Supervisors who kicked Christ out of Roanoke County government? He
stated "I pray, I pray that each and every one of you will search your hearts, follow,
teaching our lord and savior Jesus Christ."
Mark Washington of 6127 Caroline Trail in Roanoke Virginia stated he
wanted to thank the Board for the opportunity to speak to you in this forum this evening.
He advised he wanted the Board to know that he as well as so many of the others here
and across this great county are greatly troubled and concerned regarding the direction
our Country is going. Over the past several years, we have been experiencing attack
after attack upon our Christian heritage, our faith and our traditions. Recently as
already been noted, one person complained about the ten (10) commandments
displayed in the public schools which interestingly was put up in April 1999 in response
to the Columbine school shootings in Colorado. And now after one (1) and a half years
of litigation and waffling and wavering back and forth by the board, the school board has
now voted to remove the ten (10) commandments and to replace them with a copy of a
page from a history textbook that mentions the ten (10) commandments, in conjunction
with American government and morality. It appears from this example and so many
others that we can cite here tonight that we have reached the point in our Country
where a minority rules the majority. Our family fathers never envisioned this. They
never envisioned removing God or anything Christian from our government or our
nation. In fact, historical documents are very clear that they invoked the presence of
God when they met together and called on his guidance and his direction as they
sought to birth, to found and to govern this great nation. In fact, as has been noted, the
July 24, 2012 447
United States Congress still starts its daily sessions with prayer. And in light of the
horrific, mass - shooting tragedy in Aurora, Colorado that has shaken our nation he
submits to the Board that our Country needs more of God and Christianity and not less.
As George Washington said, "it is impossible to rightly govern the world without God
and the Bible." Mr. Washington stated he and the majority of Roanoke County
residents believe this is true and he as well as they hope and pray that the Board will
take a stand to continue allowing prayer to be offered before this body begins its
deliberations each meeting seeking God's divine guidance, direction and blessing.
Ssunny Shah of 5848 Old Locke Ct. in Roanoke, Virginia thanked the
Board for allowing him the time to express his views. Prayers, prayers are important in
our life to give us right directions, reach the leaders in making better decisions for
ourselves, our family and our community. It reminds us to be humble and not be
egotistic in our decisions and helps us to accept other ideas and opinions even if they
are different from ours. We ask our children from young ages to pray whatever religion
they follow. Every religion is teaching us how to be better human beings and take care
of others and teach us love, tolerance and service to mankind. You, the Board are our
leaders. If we stop prayers what are the young generations going to learn and follow?
Prayers are very important, very moral for society and especially our children are in
danger.
Pastor Bryan Smith of 6685 Parkway Drive in Roanoke, Virginia stated he
wanted to speak in regard to the Board's future decision as to whether or not they will
continue to allow the practice of public prayers to be offered on behalf of this Board and
others at the beginning of your meetings. Mr. Smith urged the Board not to end this
practice, but rather instead to defend it. Please do not acquiesce to the demands of a
vocal minority whose alliances with an out of state, legal political action a Wisconsin
based organization called Freedom from Religion Foundation and their goals imposing
their agenda against the wishes of the religious majority who make up our local
electorate. Theirs is an agenda of intolerance intent on restricting or removing all
religious practices most often Christianity from as many public venues as possible.
Many Americans, many of us, believe such goals come at the expense of the first
amendment. As has already been said many times, the United States congress begins
their sessions with prayer. He stated he has had the honor twice of leading our state
senate in prayer and once for our house of representatives. In each instance,
recommendations were made as to the length and inclusiveness of my prayers but in
the end he was given the freedom to pray according to his own personal customary
practices. He urged the Board to continue the practice of allowing voluntary prayers
offered by taxpaying citizens who wish to pray at the start of our County Board of
Supervisor meetings. Surely if our city can spend $74 million for the building of a
museum then our County can invest in defending and respecting the rights and wishes
of the religious majority of its electorate. If these practices must end then let that
448 July 24, 2012
decision be made by higher legal authorities and not by this Board, which was elected in
part to represent and protect the freedoms we respect and enjoy as citizens of Roanoke
County. He respectfully asked that the Board not turn a deaf ear to the many citizens
who want the constitutional right and freedom to lead and participate in prayer before
these meetings. Please do not defer to a well- funded, out of state and out of touch legal
action group and their prejudicial and political agendas. Such out -of -state groups and
their supporters do not respect our religious freedoms nor do they reflect the desires
that many taxpaying citizens have to conduct their own local government here in
Roanoke County accordingly. This past week President Obama called all Americans to
a day of prayer and reflection in the wake of last Thursday's murderous rampage in
Aurora, Colorado. He gave no conditions with his request as to where or how such
prayers should be offered. He respectfully asked this Board show the same restraint
and respect by not removing the practice of beginning your meetings with public prayers
offered on your behalf by the citizens of our County and adjacent communities. He
asked the Board to resist this attempt by those whose only desire for Roanoke County
is impose their personal intolerance upon so many of our citizens and this Board.
Senator Ralph Smith of 5720 Williamson Road in Roanoke, Virginia stated
in the five (5) years he has had the honor of representing Roanoke County in the
Virginia senate, we've met many times and there were issues and concerns of the
citizens of Roanoke County. This is the first time he comes to the Board to ask of you
tonight; and that is that you will stand against this challenge and continue to open in
prayer just as we do in the senate, just as they do in the house of delegates and have
done for over 200 years. This is a hill that we need to stand on. Eighty -two percent
(82 %) of the nation's populations are believers. He stated he believes in Roanoke
County that it is much higher than that. It is a majority; and he hopes the Board will
respect that.
Sandra Booth of 2014 Wildwood Road stated she loves Roanoke County.
She stated she has been a resident of Roanoke County for over forty (40) years. She is
not going to tell you how many more over that. But you see the slide behind you there?
That's the American flag. You know what? I am so proud to be an American first and
I'm so proud of the Board and the challenges that you've had and this is indeed a big
challenge, that you'll stand up and that you'll continue to pray before your meetings.
She stated she thinks of all the important things that we've gone through, all the
disasters that we've gone through, and 911. Think about that. What did they do at
911? They said please pray. What did they do when we had disasters, earthquakes,
floods? Just the recent thing in Colorado, Virginia Tech; what were we urged to do for
those people? Pray. I'm just one voice in Roanoke County, but she is a proud citizen
and urges the Board to please, please continue praying. They took prayer out of the
schools and look at our children today. They've gone by the way side; and thinks it's
truly because they've taken prayer out of schools and because we're not strong, we
July 24, 2012 449
don't stand for what we believe in many times. We don't stand. But she stands here
today begging you to please continue praying. Because, you know, you have big things
to discuss. You have big decisions to make; and how can you possibly do it without the
help of God? Second Chronicles 7:14 says, "If my people humble themselves and pray
and seek my face and turn away from the wicked ways then will I hear from heaven and
forgive their sins and heal their land." She stated you know, she think it is your desire,
it's my desire, its Roanoke County's desire and our nation's desire that we return to
God; that our land will be healed. She urged the Board to please, keep on praying
because there's no other power any greater than that and she just really appreciates
each one of you and thank you for allowing me to come tonight and speak. But that's
my request that you just continue to pray.
Chairman Flora then took a recess from 8:10 p.m. until 8:20 p.m.
Alex Marshall of 5015 Jordantown Road in Vinton, Virginia thanked the
Board for allowing him to speak. He stated he came here on behalf of the Secular
Humanists of Roanoke a group that has several members in Roanoke County. He
stated he would like to think he could possibly be speaking for any nonchristian group.
We're not asking anyone to stop being Christian; and wants to make that clear right
now. What we're asking is you stop making nonchristians and nontheists in Roanoke
feel excluded by having an invocation that involves Christianity at the beginning of your
meetings. Religion in the United States is a protected class, which means they should
be immune from discrimination and it's been recognized many times that even though it
is a minority, a protected class is just that. It is a minority that should be protected from
discrimination because they need to be, their rights need to be protected as a minority.
Again, we're not asking that the majority change how they think, we are simply asking
that they become a respected minority as nontheists and again he is not speaking for
the nonchristians, but would like to think he could be and that, in that we are the
minority that is in fact protected by religious affiliation being a protected class. And on a
personal note, he would like to say he has lived here eight (8) years, went to Virginia
Tech; he really likes it here. There are a lot of people who have shown me that they are
people of integrity, they're very nice people that live here, they very much embrace the
idea of community and religious and nonreligious alike and he likes the surrounding
area and would like to see this group grow in tolerance for all groups, not just
Christians. Also this is his first attendance at a Roanoke County board meeting and it is
clear to me you take your job very seriously and thank you for that.
Dan Linford of 411 Hunt Club Road in Blackburg, Virginia and represents
the Freethinkers at Virginia Tech, a student group of more than 200 members; the last
he checked it was 208 members. He stated he is joined today with his colleagues, the
Secular Humanists of Roanoke. As a Board of Supervisors he does not need to remind
you that your duties include upholding the constitution of the United States, of the State
of Virginia and all the laws of the County of Roanoke. Separation of church and state, is
450 July 24, 2012
a deep part of the heritage of Virginia, inscribed in the state constitution by Thomas
Jefferson, the Virginia State Constitution contains what is called the statute for religious
freedom. Mr. Jefferson realized correctly that the entanglement of religion with
government corrupts religion and adulterates government. Therefore, he encourages
the Board to remove the prayer from its proceedings.
Kari Hartick of 3464 Colonial Avenue stated she lives in Cave Spring and
has lived here for a little over three (3) years. It's amazing, the Bible belt, how
everybody, all religions come together and help each other. She stated she has never
lived any place where businesses are closed on Sundays; retail businesses so the
workers there can go to church and pray. I beg you; please do not stop the prayers that
are in our community that is in our hearts. We worship God and you should do the
same.
Dave Gresham of 315 Northridge Road in Hardy, Virginia stated before
you start the timer, he is not affiliated with the FFRF nor is he the complainant that
contacted them but simply heard about this and wanted to support whoever it was.
Jimmy Carter is probably the most Christian president in the history of the United
States. He said church and state must remain strictly neutral, separate church and
state. Ronald Reagan said the same thing, yet here with our tax dollars on neutral
ground you are proselytizing Christianity instead of doing things nondenominationally.
How would you like if someone asks you to get on your knees and face Mecca and offer
prays. Y all want to do that? Don't think so. The founding fathers forbid the mixing of
church and state and furthermore the first five (5) presidents were deists. If you get
anything out of this when you go home, Google the word deist. They're independent in
their beliefs. Thomas Jefferson said preach crafters fear the science as witches do the
approach of daylight. There's an adlib for you since you saw fit to interrupt me. As a
deist, he is similar to them. Love in the golden rule is the real God, the ultimate God,
the highest God, there's not a person in this room not one who doesn't think that we
should try to love each other and follow the golden rule and since that is the only thing
that all rational adults agree on that's got to be the highest truth, the highest God that
there is. That's my God. The Bible is manmade and was mixed with that. Have you
read it? God never told Abraham to kill his son. We put people in jail if they do that.
God is too good to do such a thing and too almighty. Do you think God told this lunatic
in Denver to do that? It's horrible. But here we have priest crafters tell us God told
Abraham to kill his son. In the book of Numbers, 31:17 -18, it says kill everyone, that is
what the Israelites were told to do except keep the virgin girls for yourselves. So, we
are supposed to believe that little girls owned as sex slaves by murders of their families
is the word of God; that's the word of a demon. It's that simple. In Timothy in the New
Testament it says no woman may instruct a man; we all had mothers for crying out loud.
Is he supposed to go through is entire adult life and learn nothing from half the world? I
don't think so. Are you gentlemen married? Is your wife too stupid to have taught you
July 24, 2012 451
anything in your whole marriage, she never instructed you about a thing. Matthew,
chapter 5 and 6 Jesus said pray in private. This is what your word of God says. I'm
speaking to the Christians here; pray in private. Don't be like the Pharoses; don't pray
on street corners to be seen by other men. So why do you disobey your word of God?
You need to return this public place, paid for with our tax dollars to neutrality. This is
what the founding fathers, the first five (5) presidents deists, sir, who had a lot of
Christian friends wanted to guarantee the safeguard no matter what different things we
believe everyone ruled by love and forever in one way or another. Never forget that.
Compared to love, no religion has ever mattered or ever will except to the spiritually
dead. And you should honor what Reagan and Carter and every president before them
believed and knew about the separation of church and state.
Chairman Flora admonished the audience to respect all speakers;
everyone has a right to their own opinion. We don't have to agree with them but we
should give them respect here in this body.
Virginia Hardin of 3044 Stoneybrook Drive in Roanoke stated she lives in
the Windsor Hills Magisterial District. She stated she taught, if she may say, before she
what she was going to say she taught ladies Bible group this morning downtown in a
mission center and the lesson was on the lord's prayer and my commentary that she
used said that you'll notice that the lord used we five (5) times in the prayer and that this
meant it was a prayer to be prayed by groups of people or communities or
congregations. That doesn't mean we can't say it silently, but just thought she would
throw that out. She advised she is old enough to have taught in public schools way
back in 1953 is when she started her teaching career and she taught in Pennsylvania
and the day opened with reading at least ten (10) verses from the Bible, reciting the
lord's prayer and pledging allegiance to the flag. The students volunteered to read and
we allowed that and it was fun. They liked having a turn reading from their favorite
passage in the Bible and the little Jewish children also chose the Old Testament and the
protestant and catholic children chose either old or new but they enjoyed it. This was in
Pennsylvania and we were not allowed to lay a hand on a child as discipline. But she
never had to discipline a child at all. She taught for three (3) years in fourth grade and
never had to discipline a child; and she believes it was because we had the Bible. On
the third year my husband was transferred to Virginia and she was expecting a baby so
she resigned and moved on down to Richmond. We've moved other places since every
time she got pregnant he transferred. But she is glad we're back in Virginia and we like
Roanoke. We don't want to ever live anywhere else. While she was in Richmond she
was pregnant when we moved there and was living in a brand new development and
unfortunately our house stood all alone, the only house on the block that was finished.
The nearest neighbor was 2 blocks away. The telephone had not been installed and
they couldn't promise me when it would be. I was sent to bed because I had false labor.
I was not allowed to get out of bed except to go to the restroom. And I had nothing with
452 July 24, 2012
me to read except the Bible and she did read it, probably the first time in her life she
paid a whole lot of attention to it. I went to church because my family took me. My
husband went to a bookstore to buy some books that happened to be a Presbyterian
bookstore and he brought me home one that she read about the founding of our
Country and our constitution and she learned from that book that our constitution was
based upon biblical principles and she had never heard that before. She stated she
was raised in and educated and taught in a school system that was considered one of
the top 50 in the Country and she had never heard that. Since that time she has read
the The 5,000 Year Leap and she found out that's true. If you haven't read this book go
to the library and check it out or buy it or borrow from a friend. You'll learn a lot. I did.
When she returned to teaching was when we were here in Roanoke about 1967. My
youngest child entered first grade and she returned to teaching and the paddles were
still allowed in Virginia at that time. But she noticed there was, this was in the
intervening years between when she temporary retired and returned, this is when the
Bible was taken out of school and prayer was taken out of the school and she did notice
a slight difference in behavior. I noticed a difference in respect for other children and
she noticed a difference in respect for authority. It was there, it was slight but it was
there. And as the years went by she noticed a little bit more each year; just creeping in.
She also noticed that the College Board scores were dropping. Students were not
scoring as high as they had when she took her College Board scores.
Chairman Flora asked Ms. Hardin to please wrap up her remarks.
Ms. Hardin stated as you have seen on commercials recently the US is no
longer number one (1) in math and science and she does not remember the number but
it was something like seventeen (17) or worse in math and science. She stated she can
remember when year after year after year US was number one (1) among the countries
of the world. For part of my teaching career, she resigned from public school teaching
to work with the shed program because two of my three children were dyslexic. It's also
called learning disabilities and we at this school opened the day with Bible reading and
prayer. We had children who were not making it in public school because of their
learning problems that are not dumb, many of them are now lawyers and doctors and
we're very, very proud of what they've done with their lives. But this was a real
enjoyable time for me. Although she has never had a lot of trouble in the Roanoke
County schools with discipline we didn't really have a problem in shed school. The
children were calm, a lot were a little hyper, but they were calm and had a respect for
learning and respect for each other and respect for authority and she does believe it
had something to do with the Bible and she just want to say that she would like to make
a couple quick comments. She has been reading articles by an elderly woman who was
in Austria during World War II. She was a child and she said the Austrians were not
conquered by Hitler, they invited him to come into the Country because they read about
what was going on in Germany and it sounded wonderful and they wanted that for
July 24, 2012 453
themselves. She said it was just all downhill after that; but it was gradual. Everything
happened slowly in increments and the first thing they did was stop the teaching of
religion in the public schools. The very first step the Germans took when they went in
there; she just wants to throw that out.
Chairman Flora again asked Ms. Hardin to wrap up her remarks.
Ms. Hardin stated she had more to say, but would wrap it up there. She
stated she would like the Board to seriously consider that a few moments of prayer is
acceptable and would like to ask the Board to keep it.
Danny Goad of 4766 Read Mountain Road in Cloverdale, Virginia stated
he would like to thank the Board of Supervisors in Roanoke County for allowing us this
opportunity to speak on this matter. He stated he is here on behalf of Harland and
Corey Goad and Robin Roland and they speak in favor of the praying, in favor of
praying to God, the creator of this world, the God who knew us while we were yet in
our mother's womb. She stated he is very proud as a Virginian to have the heritage
that we have as we talk about our founding fathers. We talk about Thomas Jefferson,
Patrick Henry, James Madison and George Washington. We have a rich heritage and
as a heritage that is based on the Christian religion. James Madison said, "Religion is
the basis and foundation of government." When we consider the power and the
authority that we have individually and as a board such as you, there's a foundation
underlying that and there's an authority. It's an authority given by God whether it be
good, be for good or for evil. I ask you to take a look just to consider what the budget
was ten (10) years ago what it was twenty (20) years ago. It's pretty faint at this point.
Ten (10) years from now you look back and the budget today will be as faint as the ten -
year old budget was. But what won't be faint is when the question arises, where did we
stop praying. Where did we tear up our foundation? Where did we destroy our
authority and the rule of law? He encouraged the Board to stand on that authority that
they have been given, stand on that foundation that they been given. It's been based
on the Bible. George Washington said, "It is impossible to rightly govern the world
without God and the Bible." He also said it's the duty of all nations to acknowledge the
providence of almighty God, to obey his will and be grateful for the benefits and to
implore his protection and favor. June 29 what man stood against the wind in the
Roanoke valley? What group of men stood against the wind in the Roanoke valley?
What county stood against the wind? Let's pray to the God that gives us the wind
because we can't stand at all without him. Adam, when he was created by God and
given his first breath, also he gives us every breath as it's told to us in Job. I would like
to close with this, a prayer from Thomas Jefferson on March 4, 1801, "Almighty God
who has given us this good land for our heritage we humbly beseech thee that we may
always prove ourselves a people mindful of thy favor and glad to do thy will. Bless our
land with honorable ministry, sound learning and pure manners. Save us from
violence, discord and confusion from pride and arrogance and from every evil way.
454 July 24, 2012
Defend our liberties and fashion it into one united people. The multiple brought hither
out of many kindred's and tongues. Endow with our spirit of wisdom those who in thy
name trust the authority of government that there may be justice and peace at home
and that through obedience to thy law we may show forth our praise among the nations
of the earth. In time of prosperity, fill our hearts with thankfulness and in the day of
trouble. Suffer not your trust in thy to fail, all of which we ask through Jesus Christ our
lord, amen.
Karen Scott of 8443 Poor Mountain Road on Bent Mountain stated woe to
those who call evil good and good evil, who put darkness for light and light for darkness
who put bitter for sweet and sweet for bitter. Murder those who are wise in their own
eyes and clever in their own site, which will quit the guilty for a bribe, but deny the
justice of the innocent for they have rejected the law of the lord almighty and spurred
the word of the holy one of Israel, Isaiah 5. God has set you in your place and given
you the choice to bring good or evil upon our County. We elected you and you're our
representatives in a democratic republic for we do not have mob rule yet. Mob rule is
chaos. Taking prayer from your public meetings is like taking prayer, discipline and
respect from the school. How is that working out for your Roanoke county schools?
Take prayer from our public meetings and chaos will follow likewise. If you think this is
an issue of separation of church and state, it was never intended to take God from the
foundation of this Country or this County. Thank God according to Congressmen Bob
Goodlatte, they still have prayer daily in congress; even have a fulltime paid chaplain
who leads their prayers. Separation of church and state means the government does
not determine the denomination of persons within their states. Maryland was founded
catholic; not everyone who lives there is catholic and not all Catholics live in Maryland.
Why is that? Under British rule we were under this. This was a government supported
denomination per colony. You would have been fined or run out of colonial Virginia if
you were not attending the Church of England. We didn't want this for our Country.
This was explained by Thomas Jefferson and understood then but now his words are
usually twisted. Can a specific denomination be dictated by the government? That is
one of the chains that the patriots fought against and won. Our founding fathers would
not be happy with the proposed decision you're alleged to be making. It's contrary to
what cost life, limb and livelihood and you're willing to be spurn this to be modern fools
to trade God for evil, to trust in your own corrupt hearts in decision making rather than
God, to rid your own public arena of public prayer. Is it a money issue? Get a volunteer
lawyer who knows the truth and what these enemies are really doing. If you're going to
stand for something it should be for what is right, not right in the eyes of corrupt men but
what's right in the eyes of God. Not what's evil in his sight? Get a backbone and fight
for our county. Do what is right. May God be with you and give you strength to face
this enemy of the county's people, the enemy who wants to take away public prayer.
July 24, 2012 455
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church stated number one, he is not comfortable with
someone from Wisconsin or any other location that's not identified asking us to change
what we do in Roanoke County. For the first item of business, he would like for them to
be identified as was done in Pittsylvania County. Supervisor Church stated he has
been serving this County for almost thirteen (13) years, and we have handled asphalt
plants, regional jails, even South Peak; all of which were controversial. He stated he
truly believes with all heart this is the most important issue this board will ever have to
make a decision on, ever. It's not just a single item; it's something that goes right to the
very fiber in my heart and the people in my area, a large, large majority of my people.
Earlier this afternoon he asked in the 3:00 session for a public hearing and a decision
openly for the citizens to come again and many more like you. This decision is too
important for our board to make without your input. We represent you. We work for
you. Make no mistake about it. Many of you do not know about we were scheduled not
to continue our invocation after the July 10, 2012, meeting. Well we didn't have the July
10 2012, meeting. There was a power outage and our meeting was canceled. Now,
he is not suggesting that God didn't have a hand in it. I'm not suggesting that he did
have a hand in it. You make up your mind. But isn't it ironic that here we are tonight
hopefully that we can go forward and do the will of the people the way it's been done for
over 40 years, 43 years was just the verifiable length. Who knows how long we've had
our invocation. A moment of silence is not acceptable to this supervisor; not
acceptable. He advised he wanted to talk about a gentleman who was here, Reverend
Greg Irby that gave our invocation today from Temple Baptist Church in the Glenvar
area. It was amazing. He cited fact after fact beginning in the 60's when the prayer was
taken out of the public schools in New York, and he gave staggering information about
people killing people, students, violence everywhere. I didn't even know there was this
much violence and death that occurred all across our nation. He went through until his
time ran out when he spoke. This is not during the invocation. This was him speaking
as a citizen this afternoon. And his time ran out, he didn't get to include maybe a bit
about Virginia Tech, Columbine and not including what just happened in Colorado. He
also gave this Board and anyone listening statistics about the number of similar deaths
that happened prior to prayer being removed. It was staggering the amount lower than it
was, staggering much, much lower violence. You draw your own conclusion. He stated
he knows what he believes. And by the way when you folks come here he noticed a lot
of you are applauding people that you're in favor of what they're saying; that is your
amendment right. He stated he does not think anybody here got out of hand. He does
not think anybody was boisterous or too much one way or another whether you are a
believer or nonbeliever. This is what America is all about. He added he wanted to at
least make a statement that was mentioned by a speaker during their process, but he
456 July 24, 2012
can assure you that nobody on this board or this government has ever asked anybody
to get on your knees and pray in this room. Never. Never. Nobody has ever asked
anybody to believe a certain way in this room. As a matter of fact, everyone knows
where our prayer stands on our agendas, normally the first item; and maybe he has too
much common sense but he asked himself if he did not want to be around prayer, why
wouldn't I just wait in the lobby for 2 minutes? I mean nobody is forcing anyone to do
anything in this board room. He added he believes that if we don't stand up now we're
just doomed and he really believes that. We have got to take a stand, our Country, look
around you folks, everywhere you turn. The things that are happening are not the
pleasant things. It's the things that are critically damaging to our children and we're
going to be gone from this place, many us of sooner than others, no one is guaranteed
tomorrow or the next hour but we want to be able to stand for something and leave
something for our future generation. He advised he hoped you know where he stands;
he is not going to change his mind.
Supervisor Elswick thanked everybody for coming tonight; it means so
much to those of us up here who represent you. He commented he does not like voting
on issues without knowing how the citizens think he should vote. He advised is so glad
that we have this kind of turn out and would like to see this every time we meet. I have
another meeting to go through, and will not talk a long time and will try to stay within 3
minutes, but wanted to say that in any community that you go into in this valley the
church is the center piece, the rock of that community. He advised he is not very
religious; he is not atheist, nor an agnostic, my mind works the way it wants to work and
there's not much he can do about it. But he does appreciate how important our
churches are to all of our communities, much of what goes on in most of our
communities is sponsored by our churches. What's happening in our Country where we
essentially have a kingdom at the federal level where they're not subject to anything?
We are, they're exempted from social security and exempted from health care yet they
can hang the Ten Commandments and leave it there but we can't do it and that to me
sounds like a kingdom. People are different; and we should respect everybody. He
does not care what their faith is. If an atheist wants to come here and talk with us and
tell us why they're an atheist then he would like to hear that because he is inquisitive
and any faith that wants to come and speak before this board he would advocate us
listening to them. He stated he absolutely detests the fact that one person out of 83,000
can dictate what we do; that is not right. There are too many cases where the decisions
are being made in this Country because of the activism of a small minority of citizens.
He stated he thinks we need to do all we can to change that. It's not illegal to say
prayers; that has been dictated by our courts who are not supposed to make laws, but
that's another direction we're going in and this is very similar to what's happening with
UN initiatives where at local levels which would eventually permeate throughout the
Country, they're trying to takeover this Country and give what we have to those who
July 24, 2012 457
don't work for it and for those who hate us for all the billions of dollars that we give them
they hate us. So this is one of those kind of examples where the basic principles of
what this Country was founded are on track. So thank you for coming out and this issue
is not over with. We will continue to meet and discuss it.
Supervisor Moore stated she would just like to take a moment and
congratulate the Roanoke Valley Regional Fire and EMS academy. They had their
graduation and it was a nice ceremony and she would like to congratulate all the
graduates.
Chairman Flora stated he just wanted to thank everyone for coming out
tonight and being so respectful to one another. It's so important that we can agree to
disagree without being disagreeable, which sometimes gets tough to do when you're
dealing with such an emotional issue like we are here. He commented what you had to
say was incredibly interesting and the way you treated everyone else with one minor
exception there. For the most part it was very respectful and he appreciates that and
we thank you for that. I have nothing else.
Supervisor Elswick advised he had one other item, which was in a
different section my note paper. He asked Mr. Goodman to recognize the general
services people. They're not getting rewards and they're not in the paper all the time
having received being number one at whatever it is they do, but all citizens appreciate
them doing the work that they do cleaning up our messes and their garbage and after
the storm and he would like for you to bring as many of those people in general services
in here that you can find and let us pat them on the back.
At 9:02 p.m. Chairman Flora polled the Board to see if they still wanted to
recess to executive session. It was the consensus of the Board to go into closed
session for approximately 15 minutes. A 9:33 p.m., the closed session on section 2.2-
3711.a.7 was held from 9:03 p.m. Until 9:32 p.m.
Chairman Flora reopened the meeting at 9:33 p.m. and adopted the
certification resolution.
RESOLUTION 072412 -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:
458 July 24, 2012
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, Elswick, Flora
NAYS: None
Chairman Flora opened the floor for discussion.
Supervisor Altizer stated as it was said earlier all the rezonings we've
gone through and this has been my toughest in eleven (11) years. He added trying to
figure out how you can what you need to do and have the best end result. He stated he
thinks what the audience is going to hear is individual opinions from each supervisor.
He stated he does not think it will be unanimous, but wants the audience to hear from
the Board what they feel and how and why we feel like we do. Do you know who the
enemy is, but they are not the ones who have the final say. They can be the instigator,
they can be the bringer of the petition and they can do the things but the end result is
that's not who you're fighting. And for him who we're fighting is the Fourth Circuit Court
of Appeals and the US Supreme Court. He stated as he has talked to people
throughout his district over the last three weeks and a couple in various districts and it
resonated all the way across this room tonight.; not unanimous but heard much of the
same thing that the most important issue is prayer and having a prayer at our board
meetings. Now how can we do that? Many people that he talked to, you can fight this
thing in two different ways. We can fight that we're going to continue to do it, we can be
taken to court and in my belief we're going to lose. We're going to lose. Even if we have
a free attorney, we're going to pay court costs or attorney's fees to the other side; and
then we become part of the problem because then we're going to take what we just paid
of your money and they're going to go attack another locality. Three cases in the
Fourth Circuit Court of Appeals that sectarian prayer have been knocked down by the
fourth circuit. He stated he believes in the way that we've been doing it, same thing is
going to happen to us and we're going to pay. So it's like taking somewhere between
$250,000 and $450,000 and putting it on the craps table but you only got one dice and
you only got one number. So when you roll you're going to lose. But in a nonsectarian
prayer you have just the opposite with the Fourth Circuit Court of Appeals. They
overturned a lower court ruling and upheld Chesterfield County who has a nonsectarian
prayer. For him, prayer is the most important thing and feels that we need to go to a
nonsectarian prayer, come back and draw an ordinance at a later date, continue doing
July 24, 2012 459
what we're doing until we come to an agreement on what that ordinance says, how we
fashion it whether it's part of Chesterfield's or some other county. But in the end result,
prayer is the most important thing and feels in his heart that we're going to lose and
know many people don't want to hear that. But to use a nonsectarian prayer is not
running, it's not giving up, it's keeping the sanctity of what we all believe in to the best
we can because we're not in control. The Virginia Senate right here, nonsectarian
prayer. How many of you in here knew the senate in Virginia uses a nonsectarian
prayer? It's given to everybody that prays before the Senate and every Senate
member. It's already happening. Many of you ask how does the Senate get away with
it and how does the House in Richmond get away with it. How does Congress get
away? Congress is just too big. They don't have enough money to fight congress.
We'll have great, great, grandchildren before they ever see a court day and that's why
they don't go after them. They go after the low hanging fruit, which is the local
government and there are local governments rolling over and going to a moment of
silence and just in my opinion that's just giving up and not doing anything. He stated he
feels that, that is the best hope for today, for thirty (30) days from now, for six (6)
months from now, for a year from now that we remain committed that we're going to
have prayer at our meetings and that's the best way to do it in his opinion. The court
records and the court rulings, backs that up. That's where he is. That's why he wanted
to come out and let everybody know tonight where we all stood. It's created a lot of
angst for many for citizens in Roanoke County about where we are and thinks you will
hear where we are tonight. One way or the other it's probably not going to be
unanimous but, you know, he respects every board member's opinion here. He
respects everything that he has heard from every individual that came here tonight., but
he is charged with trying to do the best that he can to ensure that we keep prayer in
Roanoke County and that is the way that he believes we have the best chance. He
added that he is not going to sit here and say if we go to a nonsectarian prayer we're
not going to get sued but at least then if we go to the Fourth Circuit Court of appeals,
he feels pretty good at least if we set our policy correctly.
Supervisor Church stated he did not agree. He stated he believes if we go
to nonsectarian prayer we're giving up. It just starts a roller coaster that's going to gain
speed every mile, but he has to abide by the majority of this board. He does not know
how many of you people are knowledgeable enough to know that yes we probably could
lose. He respects Mr. Altizer for what he said, but that that does not mean he has to
believe it. That's what this freedom of religion has guaranteed to me. He stated he has
a guarantee in the people he represents in huge numbers; they have contacted me to
pray to the God that we know. Now will he have to abide by whatever decision comes
down? Sure, he will have to. He stated he may get up and walk in the back room and
not be present for it. That's my belief. Because he thinks something so vital and so
critical in his very upbringing from the day he was born is being affected here. For fifty
to sixty (50 to 60) years, we have been fine. We are succumbing to a very few. Would
we all run if one person had a pistol and stood up against 93,000 of us, would be all run
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or fight for what we believe in? It is your money. It's your money that we could lose, but
he believes going to nonsectarian is the same as having a moment of silence. It's the
same as giving up. That's this board member's opinion.
Supervisor Moore stated she is a believer in prayer and she will say her
own prayer on this dais at every meeting. She stated she is a believer in the words in
"In God we trust." It's engraved on our money and over the entrance of the Supreme
Court as we enter, but also as an elected official she is elected to make good decisions
for the Roanoke County citizens, all of our citizens, and she does not know that it would
be fair to ask our citizens to have to pay thousands of dollars, maybe even close to a
million to defend a case that she has been told we will not win. There have been been
cases like it before and they have lost and she does not want to put our citizens in that
position. So, she thinks the nonsectarian may be an answer that we can all pray the
way we want because we do live in America and we have the right to do that. So, she
is for the nonsectarian. I think that's a start that we can say that, we can still have
prayer and bow our heads and say a prayer that we want in God we trust.
Supervisor Elswick stated a lot of things about this issue bother him and
one of the primary things is that we're a minority can force the majority to do what they
want it to. The motivation of the groups like the ACLU and this organization from
Wisconsin it may not be antireligious. It may not be religious. It may be purely money.
They may be doing this simply to pay their salaries because they know where the weak
points are and they know how our judges are going to rule and it's just a shame that
that's a direction our Country is going in and if we could stand up and say hell no, this is
not what we want to do, and stand a chance of success, then he thinks that's what we
should do. As far as he is concerned he likes the idea of sectarian prayers, but again we
may have to give in. Obviously a moment of silence is a coward's way out. But he likes
sectarian prayers because then the Muslims can come in and mention Allah and the
Christians can come in and mention Christ. Native Americans can come in and mention
the great spirit and in a free and open society and everybody can express or tell us how
they say their prayers and what they believe in without harassment by organizations
like the ACLU that are simply in it to make themselves rich and not for any good moral
obligation.
Chairman Flora stated to just conclude this; he thinks if it hasn't become
pretty obvious to you it should have. There's not a single member on this board that
wants to do what we feel like we have to do or forced to do and as Mr. Altizer says, it's
not the group from Wisconsin. He went on their website and there's some scary stuff on
their website. They are so antireligious that they're just beyond any reasonable
person's thinking, but they've got the courts on their side unfortunately. The Supreme
Court did rule that sectarian prayers are unconstitutional. The lower courts, the district
courts are upholding it. It's just a road that he wishes we had never had to go down.
Just to give you a little background, he was raised in the Baptist Church, spent most of
his adult life in the Methodist Church and belongs to a Presbyterian church. He is the
one called on to give the blessing at almost every family event. He stated he gives a
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blessing every evening at dinner. It pains me to do this, but if we don't do it we're going
to be setting the people up in Roanoke County for a really disastrous ending and he
hates to do it. Until that final decision is made and this board adopts a policy, we will
continue what we've been doing. We will continue having our invocation just exactly as
we have. I don't see how a few more months are going to change anything. So we're
going to continue what we're doing until we have something that we can actually vote on
and that's a written policy so we can understand. So that's where we are. This will be
continued. It will continue on and on, probably. But at this point there is where we
stand.
IN RE: ADJOURNMENT
Chairman Flora adjourned the meeting at 9:49 p.m.
Submitled by: Approved by:
Deborah C. Jack Richard C. Flora
Clerk to the board Chairman
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