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HomeMy WebLinkAbout9/25/2012 - RegularSeptember 25, 2012 579 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of September 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 Chairman Flora called the meeting to order at 3:00 p.m. The roll call was taken. Chairman Flora noted there would be no 7:00 p.m. session as there were no public hearings scheduled. 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; 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 Dan Netting, Chaplain for Roanoke County and Regional Jails and First Christian Church Disciples of Christ. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of the Virginia Association of Counties (VACo) 2012 Achievement Award for Criminal Justice /Public Safety (Richard E. Burch, Chief of Fire and Rescue) Chief Burch explained the background of the award and introduced Jim Campbell, Executive Director of VACo, who presented the award. Mr. Campbell explained this is the tenth year of the award and advised Roanoke County has received 580 September 25, 2012 eight of these awards since its inception. In attendance from Fire and Rescue were the following: Steve Simon, Division Chief; Emerson Schoonover, Volunteer Fire Chief; Laura Belleville, Director of Conservation for Appalachian Trail; Angie Sheldon, Education and Outreach Coordinator for Appalachian Trail Conservancy; Todd Morland, GIS Tech II and Mike Vaughn, President of the Roanoke Appalachian Trail Club. All Supervisors offered their congratulations. 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Diane D. Hyatt, Assistant County Administrator, upon her retirement after thirty (30) years of service (B. Clayton Goodman III, County Administrator) Ms. Hyatt and her husband, Wayne, were in attendance to accept the resolution and Roanoke County quilt. Each Supervisor offered their appreciation and congratulations. RESOLUTION 092512 -1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DIANE D. HYATT, ASSISTANT COUNTY ADMINISTRATOR, UPON HER RETIREMENT AFTER THIRTY (30) YEARS OF SERVICE WHEREAS, Diane D. Hyatt was first employed by Roanoke County in August 1982 as Assistant Superintendent of Fiscal Management; was promoted to Director of Finance in April 1986; was again promoted to Chief Financial Officer in July 2001; and was ultimately named Assistant County Administrator in August 2009; and WHEREAS, Ms. Hyatt retired on August 31, 2012, after thirty (30) years of dedicated, professional, and accomplished service with the County; and WHEREAS, during her tenure, she worked with four County Administrators and twenty -two members of the Board of Supervisors, earning respect and support by demonstrating an unfailing commitment to the betterment of Roanoke County, its peoples and its communities; and WHEREAS, Ms. Hyatt was the first Certified Public Accountant (CPA) in the Finance Department and set an example of the highest standards of professionalism, to which the department still adheres; and WHEREAS, she developed financial policies and practices which, in 1984, resulted in the County receiving the first of a continuous line of twenty -seven Government Finance Officers Association (GFOA) Awards for Excellence in Financial Reporting; and WHEREAS, Ms. Hyatt was responsible for identifying and managing the financial resources for many significant construction projects, including the Spring September 25, 2012 581 Hollow Reservoir, Roanoke Valley Resource Authority landfill and transfer station, South County Library, Green Ridge Recreation Center, Fleet Service Center, North County Fire and Rescue Station, and Public Safety Center, as well as various school buildings; and WHEREAS, Ms. Hyatt served on key governmental boards and commissions, often acting as Treasurer, and played an integral role in developing the sound structure of several important regional initiatives, such as the Roanoke Valley Resource Authority, Western Virginia Regional Jail Authority, Western Virginia Water Authority, and South Peak Community Development Authority; and WHEREAS, despite challenging economic times, she developed an exemplary capital funding process for Roanoke County and the Roanoke County Public Schools, which became a model of collaborative planning that ensured ongoing funding for essential capital improvements; and WHEREAS, Ms. Hyatt actively participated in the design process and served as project manager of the new South County Library, which began a revitalization of the County library system; and WHEREAS, with her calm demeanor and collaborative style, Ms. Hyatt built strong relationships across the County, encouraging individual decision making while still fostering a group approach to problem solving; and WHEREAS, throughout her employment with Roanoke County, Ms. Hyatt consistently displayed the utmost integrity, expertise, and consideration in dealing with both citizens and colleagues, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does express its deepest appreciation and that of its citizens of Roanoke County to DIANE D. HYATT for thirty (30) years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 3. Recognition of Solid Waste Employees for Storm Clean Up (Anne Marie Green, Director of General Services; Nancy Duvall, Solid Waste Manager) In attendance for this recognition were Anne Marie Green, Director of General Services; Nancy Duvall, Solid Waste Manager; and the following solid waste employees: 582 September 25, 2012 Dean Smith, Angela Simmons, Marc Rucker, Gene Kendall, Ralph Jackson, Tony Frymier, S. Washington, Tim Young, Don Bryant, Tim Burford, Tony Grubb, Charles Hall, Stacy Statzer, Paul Ragland, Willie Bryant, David Ford, Phillip Luckado, Joe Laduke, David Cochrane, Carolyn Hill, Paul Romano, David Hunt, Kenny Johnson, John Snider and Rick Akers Each Supervisor offered their appreciation for a job well done. IN RE: NEW BUSINESS 1. Request to appropriate $567,900 for the procurement of architectural services for the proposed Vinton library (Daniel R. O'Donnell, Assistant County Administrator) A- 092512 -2 Mr. O'Donnell outlined the request and advised Supervisor Altizer had requested at the last work session. Ms, Diana Rosapepe, Director of Library Services, was also in attendance to answer any questions. Supervisor Elswick asked where this project was ranked by the Capital Improvement Program (CIP) Committee and has staff appropriated funds for the other prior items. Mr. O'Donnell responded no other funds have been appropriated. This is a top tier project; projects are separated into tiers. He explained the CIP process is a committee of volunteers and is only a recommendation to the Board. Supervisor Elswick inquired of the timing when construction might begin and are we still on the same time schedule for construction. Ms. Rosapepe explained all staff was asking for today was the funds to do the architectural and engineering work. The Board would then determine when they would want to start, which is probably depending on the bonding schedule. Supervisor Elswick commented he would assume staff would go out for quotes with Ms. Rosapepe responding in the affirmative with a request for proposal (RFP) process. Supervisor Elswick responded he would like to see Roanoke County use local companies as much as possible as long as they are competitive. Mr. O'Donnell advised the process is to develop the RFP, receive proposals and rank the proposals and then negotiate. Supervisor Church explained the Capital Improvement Program Committee. He then welcomed the visitors from the Town of Vinton. He advised he is enthused about this project as it is a focal point, part of the learning process, the community development end. He stated he knows because of the time he had to wait for the Glenvar Library. He is happy to see the excitement this project is generating as seen in the Roanoke Times. He stated he would like to add one item of caution, there is a major CIP item, the Department of Social Services. They have had a dire need, almost an emergency state. They have no more room, no parking. There are hundreds of citizens in need. His request is not to lose sight of this project as it is the highest September 25, 2012 583 ranked CIP project. Staff cannot jump at random on the CIP projects. He stated he wanted to make sure they use taxpayer money wisely. He is in support of this A &E; just do not forget the Department of Social Services. Supervisor Altizer stated this is an exciting event for East County and the Town of Vinton; not just a library but economic development. An urban library will be put into a downtown area that will generate a lot of economic activity. He does not know of anything you could put in downtown Vinton that would automatically generate 250,000 people downtown. So, it is not just a library, but an economic driver. This will do a lot of things; show our commitment to the Town of Vinton and East County citizens. As far as this being on a seven -year plan, he stated he certainly understands Supervisor Church's comments; but he will push for this project. The Board has been told the financing should be able to do both. Supervisor Altizer indicated the Town of Vinton has been awarded a $750,000 grant that was previously turned down five times and the commitment of Roanoke County and the Town of Vinton caused this granted to be approved. He commented a lot of people in Vinton are wondering when this will take place. This is the first step, it is the first step of community meetings; and the biggest thing is design because the design will set the precedent for what the Town will look like for many years to come. He added when looking at a social services standpoint, one third come from the City of Salem and one third comes from the Town of Vinton; maybe it needs to be in the town if it will solve at lot of problems. It is first and he is committed to finding a way to make it work to get this going, it has been done before. There were other projects at the top of the CIP program and we built the Green Ridge Recreation Center. We have changed things in the past and we found ways in the past to make things work. Staff has given us a way and they believe both of these projects can work. Mr. Goodman commented staff believes they can fund $20,000,000 with existing reserves and our debt capacity. Supervisor Altizer stated his mind is on a fast track for both projects. This one is a little quicker for social services because from our discussion at the last work session there is a lot more going on with social services in that building or somewhere else. It will take several months to figure that out and it will take several months to get the quote out for A & E. Supervisor Moore stated she echoed what Mr. Altizer has said and she thinks this will make a huge economic impact for the Town of Vinton not just another library. Chairman Flora commented that he wanted to make sure that everyone was aware that the $750,000 grant that went to the Town of Vinton is for downtown revitalization and was not to build a library. He did not want anyone to think there was $750,000 for the library. He also commented that you cannot forget that the Town of Vinton is a partner in this project; they are putting up money in this project just because it is so important to them. They are also not asking for any ownership in the building. The Board really appreciates the partnership. Supervisor Church wants to clear up something with the Glenvar Library. Some of the difference is size is based on circulation. He stated it is not accurate for 584 September 25, 2012 the Glenvar area because hundreds gave up because they could not get in the door; they went to the City of Salem library. This is a vital growing area; bonanza for West County. He does not want Glenvar or Social Services to be short - changed. Supervisor Elswick stated he thinks it is great the Town of Vinton is cooperating with Roanoke County on this project. He noted there was a minor, $35,000 project to add a children's room to the Bent Mountain Library. The women's club on Bent Mountain had to raise half the money before the County would commit to adding that small addition to that library. Every area should have a good library, it is more than just books, they are a gathering place for the people in the communities. Supervisor Altizer moved to approve the staff recommendation to appropriate funds for the architectural services for the proposed Vinton library. The motion carried by the following 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 Arlene Coletrane- Simmons to obtain a Special Use Permit in a R -1, Low Density Residential, District for the operation of a family day care home on approximately 0.32 acre, located at 1926 Governor Drive in the Montclair Estates Subdivision, Catawba Magisterial District There was no discussion. Supervisor Church moved to approve the first reading and establish the public hearing and second reading for October 23, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance to vacate and relocate a part of a fifteen (15) foot wide drainage easement dedicated by the subdivision plat of Hampshire recorded in Plat Book 30, page 181, and crossing lots 5, 6 and 7. Property formerly dedicated by Cotton Hill Land Company, L. C. and currently owned by A. R. Development, L.C., (Lot 5 Tax Map No. 096.07 -15- 05.00 -0000 & Lot 6 Tax Map No. 096.07 -15- 06.00 -0000) & Palm Hermitage Corp. (Lot 7 Tax Map No. 096.07 -15- 07.00- 0000), Cave Spring Magisterial District (Arnold September 25, 2012 585 Covey, Director of Community Development) Mr. Covey explained there were no changes from the first reading. Chairman Flora opened and closed the public hearing. There were no citizens to speak. There was no discussion. ORDINANCE 092512 -3 TO VACATE AND RELOCATE A PART OF A FIFTEEN FOOT (15') WIDE DRAINAGE EASEMENT DEDICATED BY THE SUBDIVISION PLAT OF HAMPSHIRE RECORDED IN PLAT BOOK 30, PAGE 181, AND CROSSING LOTS 5, 6 AND 7. PROPERTY FORMERLY DEDICATED BY COTTON HILL LAND COMPANY, L. C. AND CURRENTLY OWNED BY A. R. DEVELOPMENT, L.C., (LOT 5 TAX MAP NO. 096.07 -15- 05.00 -0000 & LOT 6 TAX MAP NO. 096.07-15-06.00 - 0000) & PALM HERMITAGE CORP. (LOT 7 TAX MAP NO. 096.07 -15- 07.00- 0000), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the plat of Hampshire recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 30, page 81, established a fifteen foot (15') wide public drainage easement across Lots 5, 6 and 7; and WHEREAS, County staff has reviewed and tentatively approved the construction plans for an alternate drainage easement, therefore the public drainage easement described above established in Plat Book 30, page 181 will no longer be needed; and WHEREAS, the public drainage easement is more clearly indicated as "Portion of Existing 15' Drainage Easement Hereby Vacated" on a plat entitled "Easement Exhibit for A. R. Development, L.C., Palm Hermitage Corp. showing a portion of an existing fifteen foot (15) public drainage easement to be vacated and a proposed new fifteen foot (15) public drainage easement to be dedicated crossing Lots 5 through 7, Hampshire, PB 30, Page 181" dated 8/27/12 and prepared by Balzer and Associates, Inc., attached hereto as Exhibit A; and WHEREAS, A.R. Development, L.C. & Palm Hermitage Corp. (the "Petitioners ") are the current owners of Lots 5, 6 and 7 and have petitioned the County to vacate and relocate this drainage easement WHEREAS, no other property owner will be affected by the vacation and relocation of this public utility easement; and WHEREAS, this vacation and relocation will not involve any cost to the County and the affected County departments and public utilities have raised no objection; and WHEREAS, notice has been given as required by Section 15.2 -2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 586 September 25, 2012 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 11, 2012, and a second reading and public hearing of this ordinance was held on September 25, 2012. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (fifteen foot (15) wide public drainage easement, which was dedicated by plat of Hampshire recorded in Plat Book 30, page 181 and shown on the attached Exhibit A) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That the subject real estate (fifteen foot (15) wide public drainage easement, which was dedicated by plat of Hampshire recorded in Plat Book 30, page 181 and shown on the attached Exhibit A) be, and hereby is, vacated pursuant to Section 15.2 -2272 of the Code of Virginia, 1950, as amended. 4. That the Petitioners have dedicated by deed of easement and the County hereby accepts a new fifteen foot (15) public drainage easement crossing Lots 5 through 7, all as shown on Exhibit A. 4. That all costs and expenses associated herewith, including but not limited to publication, survey, deed of easement and recordation costs, shall be the responsibility of the Petitioners. 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2 -2272 of the Code of Virginia (1950, as amended). 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 IN RE: PUBLIC HEARING AND APPROVAL OF RESOLUTION 1. Resolution of endorsement supporting a Landscaping Project at the Colonial Avenue /Penn Forest Boulevard Roundabout (Megan Cronise, Principal Planner) Ms. Cronise explained the resolution of endorsement for the Landscaping Project at the Colonial Avenue /Penn Forest Boulevard Roundabout. She advised a representative from TSL, who is sponsoring the project was in attendance to answer September 25, 2012 587 any questions. There was no discussion. Chairman Flora open and closed the public hearing. There were no citizens to speak. RESOLUTION 092512 -4 OF ENDORSEMENT FOR THE LANDSCAPING PROJECT AT THE COLONIAL AVENUE AND PENN FOREST BOULEVARD ROUNDABOUT IN ROANOKE COUNTY, VIRGINIA WHEREAS, T.J.S. Enterprises, Inc. has committed to fund and maintain for five (5) years new landscaping and signage at the Colonial Avenue and Penn Forest Boulevard Roundabout in Roanoke County, Virginia; and WHEREAS, this landscaping and signage project would implement the 2005 Roanoke County Community Plan; and WHEREAS, these improvement activities fall under the Virginia Department of Transportation (VDOT) Comprehensive Roadside Management Program; and WHEREAS, this VDOT program requires the local governing body to hold a public hearing and adopt a resolution of endorsement prior to project approval by VDOT; and, WHEREAS, the Board of Supervisors was briefed on this project in a work session on September 11, 2012 by County staff and the Board held a public hearing on this project after advertisement as required by law on September 25, 2012. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, AS FOLLOWS: 1. That the Board finds that this landscaping and signage project at the Colonial Avenue and Penn Forest Boulevard Roundabout is consistent with the goals of the 2005 Roanoke County Community Plan. 2. That the Board accepts the offer of T.J.S. Enterprises, Inc. to fund and maintain for five (5) years the landscaping and signage at the Colonial Avenue and Penn Forest Boulevard Roundabout. 3. That the Board hereby adopts this resolution of endorsement for the landscaping project at the Colonial Avenue and Penn Forest Boulevard Roundabout, and requests the Virginia Department of Transportation to approve this project under its Comprehensive Roadside Management Program. 4. That the Clerk to the Board of Supervisors is directed to send a copy of this resolution to the Virginia Department of Transportation and to T.J.S. Enterprises, Inc. On motion of Supervisor Moore to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 588 September 25, 2012 IN RE: CONSENT AGENDA RESOLUTION 092512 -5 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 September 25, 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 5 inclusive, as follows: 1. Approval of minutes — August 28, 2012 2. Request to accept and appropriate $45,839 from the Department of Criminal Justice Services for the Victim Witness Program grant for the fiscal year 2012 -2013 3. Request to accept and appropriate five (5) Division of Motor Vehicle Grants in the amount of $208,680 4. Appointment of Court Services alternate member to the Community Policy and Management Team (CPMT) 5. Request to appropriate $29,125 to Roanoke County Schools for specific tuition programs 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- 092512 -5.a A- 092512 -5.b A- 092512 -5.c A- 092512 -5.d IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke. Linda LaPrade of 5509 Will Carter Lane stated she is from the Cave Spring District. The phrase "separation of church and State is often misquoted as being a part of our Constitution. It is not in our Constitution. That phrase is taken from a letter September 25, 2012 589 Thomas Jefferson wrote in 1802 to the Danbury Baptists, and in the same sentence Jefferson quotes the 1st Amendment as the guiding principle. I remind you of part of that Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech. Is it not a violation of First Amendment rights to tell someone what he or she may or may not mention during an invocation? The Constitution does not give you that power. Why was the majority of this Board apparently so ready to accept the Resolution put forth by Mr. Mahoney when legal advice experienced in this matter was available pro bono to include defense fees? At the last meeting, it was revealed that another Resolution, less restrictive, was received weeks earlier from this group I mentioned. Why had that not been read and discussed before the resolution was created here? Why were you shying away from a Resolution that has never been challenged in court unless some of you had already made up your minds as to what you want? $400,000 or so a possible legal settlement has been mentioned a couple of times. The County has some $20 million known in a slush fund. The county spends money on many worthwhile things, and believe that the majority of citizens would say that this is a worthwhile cause should it ever be challenged. The dismissive attitude towards the residents of Roanoke County and their wishes should be appalling to any who pay attention. This constant catering to outside entities needs to end. Noah Tickle of 1603 Frosty Lane and Roanoke County resident since 1956 stated someone must now stand and make a motion to defund ICLEI. Last meeting, there were eighty -nine (89) Roanoke Co. citizen's requests presented here during the meeting in the form of written request for ICLEI to be eliminated from Roanoke County. Now here are twenty -three (23) more. There are more requests being formed right now that will be presented at future meetings. Citizens' requests should be considered to defund ICLEI. Defunding is the most effective way to eliminate ICLEI. ICLEI is unconstitutional and therefore illegal. The Commonwealth of Virginia and local governments are authorized to operate under the Constitution of Virginia, not a charter of a UN accredited, non - Government organization. In fact under Article 1 Section 10 of the United States Constitution, "States are prohibited from implementing foreign political initiatives through It's prohibition of State to engage in treaties, alliances or confederations." Play with ICLEI is illegal; that is the reason state and local governments are eliminating ICLEI from their areas. His efforts here are not about sports minded win or losing. His efforts rather are directed to protect and preserve our Constitution and the liberty thereof. ICLEI is illegal; that will eventually be firmly understood. ICLEI will be eliminated by state legislatures and that is occurring as we speak. Soon Roanoke County Board of Supervisors will be considering legalities of invocation at Board of Supervisor Meetings. Some points about this to consider are: we are a Constitutional republic by which we elect representatives; they represent us. When they meet, the meeting is of, by for them to conduct business. Our vote gave them the authority to do that. They do that; it is their meeting. How they conduct business is theirs to choose. Most will chose to use rules of order. The very first of all in 590 September 25, 2012 order is invocation. They chose that, it is their choice. We gave up our choice when we elected them to represent us. Let me say that again, it is not our meeting, nor ours to say speak. Some choose to tell them how to represent; that is not our choice because we have elected them. If any are displeased, election days are the way to express our displeaser, displeasure toward our representation, not trying to tell them how to conduct their meeting. They graciously allow public viewing; not only viewing but allowing public comment. Now, that is extremely user friendly. If one is displeased, take that with you to the election poles. Conducting an Order of Business is not the same as Governance, again, an Order of Business is not governance. Get that; it is a meeting. Susan Edwards of 4121 Givens Road in Salem, Virginia stated she lives in the Catawba Magisterial District. She stated she wanted to commend the Board and Mr. Mahoney for seeking outside expertise in the matter of continuing the forty -three year, time - honored traditional of opening Board Meetings with an invocation given by a clergy member from a local congregation. She stated she fully agrees that in today's cultural and legal climate, the County cannot simply continue to have invocations without a policy in place with groups like Freedom from Religion Foundation actively seeking localities that are having invocations without a policy in place, but, as you can consider what policy to move forward with we need to put a policy in place that does not require those giving the invocation to leave their First Amendment rights of free speech and religion at the door when they come before the Board. She stated she encouraged the Board to adopt the Alliance Defending Freedom model, the resolution /policy is provided for such situations; that model is based on years of legal experience in this specific area of practice and was prepared for localities placed in just this situation by outside interests within the Fourth Federal Circuit Court. No resolution that allows prayer of some sort will be immune from all potential threats of suits from groups like that. You cannot continue prayer of any sort and say you will be completely immune from someone's threat or challenge as a gentler word that they may sue you, however, she asked the Board to use this model resolution because it will move Roanoke County to a much stronger position of compliance with the rulings by the Fourth Circuit. The model is a non - sectarian policy that will allow those giving the invocation to pray in accordance with their beliefs. It provides outreach to the diverse faith community to participate in our time honored tradition of solemnizing our Board's proceeding. Such a policy will make Roanoke County a much less attractive target for those seeking either to remove prayer from the public square or use the federal courts to finance their efforts through litigation should they prevail. She stated she prays this matter is resolved in a positive manner that will both continue our tradition, while greatly reducing the likelihood of being sued. Thank you for your time and attention and may God preserve the Commonwealth of Virginia and these United States. Bill Gregory of 3312 Pamlico Drive in Roanoke, Virginia stated he has been a County resident for twenty (20) years. Did you know the Board never approved the Climate Action Plan that the County website said you would approve before you received your ICLEI milestone 3. The County website describes each of the five (5) September 25, 2012 591 ICLEI milestones, here are a few excepts from that milestone 3 on your County website, "Develop a climate action plan, this phase of the CCP initiative is critical in accomplishing the goal of reducing GHG emission and limiting the effect of global warming." It goes on to say, "Staff will develop a set of guidelines for the committee and submit them to the Board for review and approval." Let's go back and revisit his FOIA request to Anne Mare Green back on February 29, 2012, he asked how can the County have already earned ICLEI milestone 3 without a formal climate action plan submitted, reviewed and approved by ICLEI. Ms. Green's response followed, "ICLEI accepted our documents for milestone 3, which included details about RCCLEAR and what the committee would be doing along with information on how Roanoke County would spend its stimulus grant." Apparently, that was satisfactory to them although RCCLEAR remains committed to finishing the local action plan. So, then he asked when will the formal climate action plan be submitted to ICLEI and could he obtain a current, draft version of this plan for review. Ms. Green's response was "the draft version of that plan is just that, a draft and when it is finished we will be happy to furnish you a copy. We are behind in finishing it although we have already achieved many of the goals set out in it." So, he stated he wanted to make sure he gets this straight: a formal climate action plan was to be submitted to the Board for their approval according to Roanoke County's own website. It was never submitted to the Board for approval, instead, something was submitted to ICLEI, which "included details about how RCCLEAR and what the committee would be doing along with information on how we would spend our stimulus grant." This documentation is nowhere what a climate action plan should look like, but it was somehow rubber stamped by ICLEI and milestone 3 was awarded to Roanoke County. There is still no final climate action plan approved by the Board and it has been seven (7) months since the FOIA request. Does anyone see anything wrong with this? The County's website describes this as critical to have this climate action plan. When can we expect to see it? Linda Aquilo of 94 Kessling Avenue in Salem, Virginia stated she is a member of Temple Baptist Church in Roanoke County. Thank you for the opportunity to speak, and she advised she would also like to thank the Board for their service to the community. As the Board knows, you have an extremely important job. The decisions the Board makes have a direct impact on the citizens of Roanoke County as well as the surrounding areas. Americans are hurting deeply today. Hardworking Roanoke County residents are struggling to provide the basic needs for their families. The citizens of Roanoke County need for the Board as a governing body to make the most appropriate decisions possible. She stated she truly believes that the only way to make the most appropriate decisions is to ask for God's guidance and wisdom. Man's wisdom is very limited and flawed. For instance, man's wisdom took prayer and the Bible out of schools, and statistics prove how violence has increased since that devastating decision was made. The VA Tech massacre is only one example of that mistake. She stated she believes that true wisdom only comes from God. She believes every single word in the Bible, and the Bible says in James 1:5, 6 "If any of you lack wisdom, let him ask of God, 592 September 25, 2012 that giveth to all men liberally, and upbraided not; and it shall be given him. But let him ask in faith, nothing wavering. For he that wavereth is like a wave of the sea driven with the wind and tossed. " The Bible also says in James 3:17 "But the wisdom that is from above is first pure, then peaceable, gentle, and easy to be in treated, full of mercy and good fruits, without partiality, and without hypocrisy." She stated she believes it is the Board's duty to continue to begin each session of Board meetings with prayer asking for God's guidance. Our nation needs more prayer, not less. Virginia needs more prayer, not less. Roanoke County needs more prayer, not less. My seven (7) year old daughter, Carina, is here with me today. My husband and I try to teach her each day to rely on God; she is home schooled, and we include the Bible in every subject we study. She stated she has also taught her that we are blessed to live in the United States of America and in the Roanoke /Salem area. Even at such a young age, my daughter believes strongly in the power of prayer. She advised she wants this country to still be a great place to live and to be proud of when Carina is an adult. She needs strong, Godly role models in her life, and each of you have the potential to be one of those role models. Please set a good example for Carina and her generation by continuing to have prayer at the beginning of your meetings consistent with the Biblical principles on which this blessed nation was founded. She stated she strongly encourages the Board to continue praying to the one true God before your meetings begin. Please don't let her down. Carina Aquilo of 94 Kessling Avenue in Salem, Virginia stated she is from Temple Baptist Church. We need to keep praying; and it is special to us. It is important to pray because God can hear us and help us. God can help you and tell you what to do. Please don't stop praying. God bless you. Kimberly Irby of 1440 Blackwood Drive stated her heart is happy with Carina here; they have so many children at our church and want them to know what a great America we live in and what a great privilege it is to pray. She stated she is a Roanoke County resident; both of her children are graduates of the Roanoke County public schools. She stated they have lived here for almost ten (10) years. Her heart is grieved and deeply concerned about this even being up for a vote, but of course it has been brought to your attention and she knows the Board has to address it. Who would have ever thought that in America the right to pray openly and publicly would be something that needs a vote? When officials come to make decisions here for the people you present, they desire to do their very best and take this seriously. They do this as a matter of good conscience. She is thankful they see their need for divine wisdom and guidance in these days when things are done so carelessly. She stated she cannot imagine why anyone would want to change that. To us, it is not just a tradition, but a deeply held belief that we desperately need guidance for the business of this area that affects all of our families. She stated she is praying that each of the Board will have the courage to make the right decision and be careful not to prefer one person above the other because of monetary threats that have been made, but to truly uphold your oath to defend the Constitution of the United States of America. Please think of the children September 25, 2012 593 and we have so many precious children that we are entrusted with and she does pray that the Board will make the right decision and we do appreciate so very much your service. Pastor Greg Irby of 1440 Blackwood Drive thanked the Board for the opportunity; he has several folks from his church that are in attendance; one man who is a police officer in Vinton and he attends service as well as Carina Aquilo and her mother as well as his wife. He stated he also appreciates each Board member with providing him with the information he recently requested; he has not had time to go through it all. He does appreciate the effort that was made in providing that information. He stated he wanted the Board to know he does not have an agenda; he thinks he has created an impression that some think he has an agenda; he does not have an agenda. We pray for every Board member on Wednesday nights, every Board member is on their prayer bulletin. With that being said, on the first of two previous occasions when he was here and had the opportunity to speak on this issue he shared first the statistics regarding the results of removing prayer from the public classroom. Some have already addressed that, but just as a reminder, prior to prayer's removal from the public schools, there was only eight (8) school ground shootings or stabbings, one of those was an accident; two boys were going squirrel hunting after school and a gun discharged and shot one of them in the foot. After its removal, there has been at least forty (40) school ground shootings and the result of that is the loss or injury of life to 157 individuals; thirty -two (32) of them were within our general area. Those numbers in and of themselves should cause each of us to understand the dangers of what they are considering doing with this issue. He listened carefully at the last meeting as some spoke and if memory serves him correctly, he heard one of the Board members state that they are sworn to protect the rights of each citizen. However, the oath that the Board members take is very similar to the oath that he takes as the Officer's Chaplain at the Roanoke County's Sheriff's Department and we are not sworn to protect the rights of citizens, but rather to defend and protect the Constitution of the United States and the Commonwealth of Virginia and he will not take the time to reiterate the First Amendment, that has already been done and he will be honest with the Board, he had not read the Virginia Constitution through until just recently. He stated he thought it was very interesting, Section 12 of the Virginia Constitution deals with the freedom of speech and it is pretty equivalent to the United States Constitution, but he wanted to reference this section 12, free exercise of religion, "that religion or the duty which we owe to our creator and the manner of discharging it can be directed only by reason and conviction, not by force or violence and therefore all men are equally entitled to the free exercise of religion according to the dictates of conscience and that it is the mutual duty of all to practice." Pastor Irby stated this is what gets him, "it is the mutual duty of all to practice Christian forbearance, love and charity toward each other." That is in our State's Constitution and we are worried sick over some of this stuff. It looks to him that if a change is made here, it has to be made there in Richmond that is the literal language out of our constitution. "No man shall be compelled to frequent or support any religious group, place or ministry whatsoever nor 594 September 25, 2012 shall be forced, restrained, molested or burdened in his body or goods nor shall otherwise suffer on account of his religious opinions or beliefs but all men shall to be free to profess and by argument to maintain their opinions in matter of religion and the same in no way diminish, enlarge, affect their civil capacities." He stated he has heard a lot of discussion regarding the potential cost of failing to change this policy. May he remind the Board that every decision has a cost or consequence attached to it; every one of them, every decision we make has a consequence attached to it and making the wrong decision will cost the Board as well as the citizens of this community more than monetary expense. No doubt, there is going to be monetary expenses involved, but the results of the loss of civility in our community will cost us and surpass any dollar figure that you can attach to any problem. Each Board member and the group over here have currency in their pocket. On each piece of currency, you will find four words, "In God we Trust." And that is what he is asking the Board to do, trust the Lord. He is asking the Board to follow what you find on that currency when you are tempted to change the practice of praying at this meeting because of money again which states, "In God we trust." David Miller of 5421 Capito Street stated he is a County resident from the Plantation area. He has been a County resident for more than forty (40) years, a combat veteran of Vietnam, a retired deputy sheriff for Roanoke County serving more than twenty -five (25) years of service for this County and he knows the power of prayer. There comes a time in your life when you have to take a stand for something you believe in and he believes this is one that we need to take a stand on. The Board makes some pretty big decisions, sometimes larger than the Board is and you need guidance on those and he is sure they go to God with some of those. If someone in Illinois does not like the way we do business, tell them to go back to Illinois. If you want to take some of his tax money and take this to court, you are sure welcome to; Mr. Mahoney you can start your briefs. Justin True of 4605 Whispering Willow Lane in Roanoke, Virginia stated he has been a resident of Roanoke for almost five years now. He stated he is a husband, father, marine, full -time employee of a hard wood corporation, small business owner, full -time student of Virginia Western. He stated he is also for the separation of state and church. He stated he is a member of the Freedom From Religion Foundation and is a member of the American Atheists and the President of the Free Thinkers of Virginia Western Community College and he is an atheist. He stated he was an atheist in a fox hole. He stated one reason he came here today is to ask the Board to stop these religious practices going on within our government establishment. As a marine, he served with many other marines that had different religious practices. One thing that we have to learn as leaders, one thing that the Board should recognize is that you have to remain unbiased, you have to lead from the front, and you cannot take sides. This is not something that the Board needs to take sides on. You ask sometimes how are we excluding other members, you are elected officials, you are community leaders and you are imposing your religion onto a diverse and secular society, not a Christian society. September 25, 2012 595 How do we know that most of our society is not a Christian society; this is not something we vote on. The Board does have people that live here within your districts that are not religious. We are just asking for your respect to do the same with all of the others. If we are truly to be tolerant of others, we must make those adjustments to our society to stop forcing faith on others who feel differently. He stated he would like to leave the Board with one last statement to think about before the decision is made on this issue. On August 28, 2012, the Roanoke County Board invited a Hindu priest to pray before your meeting. With all religions there comes a choice in one's life, whether to believe or not to believe. He wanted the Board to think about the moment the priest started his prayer, what were your thoughts. During his prayer, what were your thoughts, if you claim to be a Christian, then you do not believe his prayer was effective. A Hindu priest forcing his prayer and religion onto the Board and your fellow citizens at the expense of making an attempt to be all inclusive. He would like to ask the entire Board, including the fellow citizens of Roanoke County, how did it feel to be an atheist? Judith Rauchle of 231 Cahas Mountain Road in Boones Mill, Virginia stated she is here representing the local Southern Virginia Atheists. She stated they do have members residing in Roanoke County who are concerned about this about this issue of separation of church and state. This is not about curtailing anyone's beliefs and it is not about taking away anyone's personal prayers. What makes our constitution so revered all over the world is the fact that it was set up to protect the rights of all, not just the majority, but specifically to protect the rights of minorities. The establishment clause clearly states that we should remain neutral in matters of religion. She stated she knows people seem to have different interpretations of that cause, but if we really want to resolve the dispute about what it means, all we have to do is go to the horses' mouths, those who were the authors of the First Amendment; James Madison and Thomas Jefferson. So, in the words of the actual authors of the First Amendment, in explanation of what they wrote in that letter that was mentioned before to the Baptists of Danbury, Connecticut is important because Thomas Jefferson was the author of the First Amendment and he was explaining what he meant, "believing with you" talking to the Baptists and he agreed with them "religion is a matter which lies solely between man and God. I contemplate that sovereign act of the whole American people, which declare that their legislature should make no law respecting an establishment of a religion or prohibit the free exercise thereof, thus building a wall of separation between church and State." She advised that is important because he wrote the First Amendment with James Madison. In 1922, James Madison wrote, "an alliance or coalition between government and religion cannot be too carefully guarded against a perfect separation between ecclesiastical and civil matters is of great importance, religion and government will both exist in greater purity the less they are mixed together." In 1819, Madison wrote, "the civil government functions with complete success by the total separation of the church from the state." In 1797, President John Adams wrote in an essay, poignantly, "the United States of America have exhibited perhaps the first example of governments erected on the simple principles of nature. In 596 September 25, 2012 the formation of the American government, it will never be pretended that any persons employed in that service had interviews with God or were any degree under the influence of heaven, thus founded on the natural authority of the people alone without a pretense or miracles or mystery, these governments were contrived merely by the use of reason and defenses." In the treaty with Tripoli passed unanimously by the US Senate and signed by President Adams on June 10 th , it stated "the government of the United States is not in any sense founded on the Christian religion." In conclusion, they are not asking anyone to cease the practice of personal prayer or to stop practicing their religion; we are simply asking that the Board honor the clear intent of the authors of the First Amendment and our founding fathers by showing neutrality between church and state. Prayer is a religious activity and prescribing a religious activity in a governmental situation is a violation of our Constitution and if someone wants to remind me that Congress opens their meetings with prayer she can only say that is not the first time Congress has violated the Constitution. If you think that prayer works, then why not do it the way Jesus actually advocated. According to the bible, in Mathew Six, five through six, Jesus states, "and when thou prayest, they shall not be as the hypocrites are, for they love to pray standing in the synagogues and the corners of the streets, that they be seen of man, but thou when thou prayest, enter into thy closet and when thou has shut thy door, pray to our father which is in secret. IN RE: REPORTS Supervisor Church moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of August 31, 2012 5. Proclamations signed by the Chairman 6. Statement of Budgeted and Actual Revenues as of August 31, 2012 7. Statement of Budgeted and Actual Expenditures and Encumbrances as of August 31, 2012 8. Accounts Paid — August 31, 2012 IN RE: CLOSED MEETING September 25, 2012 597 At 4:51 p.m., Chairman Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2 -3711 A 7 Consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, sectarian prayers and invocations. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None The closed meeting was held from 5:20 p.m. until 6:50 p.m. IN RE: CERTIFICATION RESOLUTION At 6:51 p.m., Chairman Flora moved to return to open session and adopt the certification resolution. RESOLUTION 092512 -6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 598 September 25, 2012 Supervisor Church congratulated Glenvar High School. Both schools were playing on Friday; Northside was downtown in Salem and came up a little bit short, but we gave the Spartans of Salem all they could handle, 16 -14, Northside beat them last year so they are not walking on easy street so far. Congratulations and good job to the administration of both schools. Principal Frank Dent at Northside and Coach Burt Torrence of Northside and Coach Kevin Clifford and Principal Joe Haffey at Glenvar. They are doing a great job for the community, we are proud of them. Go Highlanders and Go Vikings. Supervisor Elswick stated he felt he should make a few comments about some recent media articles. He stated he feels honored to be in the company of fellow conservatives who have been lambasted by Dan Casey and Gene Marrano. It is very interesting that two liberal journalist would slam him at the same time and wondered why. He stated he guessed they were asked to by one of their liberal friends, who is also close to Nell Boyle and personally, he stated he thought it would have been nice if she had called him instead of going to the media to try to make him look bad, if she would have simply called him and said would you mind giving Nell a call and thanking her for her service to the County, that is the way he thinks that should have been handled because most people know that he tends to forget things sometimes, but no could not pass up an opportunity to demean a conservative. He stated he has met Nell Boyle a couple of times, we have not had a serious policy discussion, but she appeared to be a very good leader and had a very nice personality, great leadership ability and her volunteerism to the County should be appreciated; and it is. RCCLEAR has done some great projects. He stated people in RCCLEAR are very enthusiastic about what they do and should be encouraged to continue to do their projects. His appointee, Jim Gray, is a good friend and have known him for years and he had a career in the energy field and is a conservative and will be an asset to RCCLEAR. He stated his feeling is rather than point fingers and instigating efforts to make any of the Board members look bad, why don't we just move on to constructive things and ask the media personalities to do the same thing. Supervisor Moore thanked Scott Woodrum and VDOT. She advised at the September 11 Board meeting, there was a lot of discussion on implementing a Greenway on the new Cotton Hill Road project. After that meeting, Scott Woodrum had a conversation with the Greenway Commission and County staff and VDOT has agreed to implement not only the bike lane on the right side going east to Monet Drive, but also add a five -foot, concrete sidewalk on the left side of Cotton Hill Road all the way to Monet Drive. She stated she appreciated it and thanked Scott Woodrum and VDOT for their efforts for this; it is going to make it a lot safer for the citizens to be able to walk safely. September 25, 2012 IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 6:51 p.m. Submitted by: Approved by: Deborah C. Jack Richard C. Flora Clerk to the Board Chairman 599 600 September 25, 2012 PAGE LEFT BLANK INTENTIONALLY