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
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