HomeMy WebLinkAbout10/23/2012 - RegularOctober 23, 2012 615
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 October 2012. Audio and video recordings
of this meeting will be held on file for a minimum of five (5) years in the office of the
Clerk to the Board of Supervisors.
IN RE: CALL TO ORDER
taken.
Chairman Flora called the meeting to order at 3:00 p.m. The roll call was
MEMBERS PRESENT: Chairman Richard C. Flora; Supervisors Michael W. Altizer,
Joseph B. "Butch" Church, Eddie "Ed" Elswick and Charlotte
A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; 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 Rabbi Fabian Werben of Beth Israel
Synagogue. The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Flora requested that agenda items 1.5 Resolution accepting
River Ridge Court, River Oaks Drive and a portion of Millwheel Drive into the Virginia
Department of Transportation (VDOT) Secondary System and 1.6.Resolution accepting
High Gate Lane, Foxfield Circle and a portion of Millwood Drive into the Virginia
Department of Transportation (VDOT) Secondary System be postponed due to the
delay in receiving bonds from the bank. There was no discussion.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
616 October 23, 2012
1. Recognition of Parks, Recreation and Tourism Staff for receiving
Virginia Recreation and Parks Society Awards (Doug Blount,
Director of Parks, Recreation and Tourism)
In attendance for this recognition were Doug Blount, Director of Parks,
Recreation and Tourism; Scott Ramsburg, Business and Information Manager; Maureen
Wilson, Marketing Assistant and Lon Williams, Landscape Architect. Mr. Blount
explained the four awards: Best Promotional Effort — Traditional; Best Promotional
Effort — Specialty, Best New Facility Award and Scott Ramsburg received an individual
award for Outstanding New Professional. Each Supervisor offered their thanks and
congratulations.
2. Recognition of Police Chief Howard Hall for being named a 2012
recipient of the J. Stannard Baker Award for Outstanding Lifetime
Contributions to Highway Safety (B. Clayton Goodman III, County
Administrator)
Mr. Goodman explained this lifetime award received by Chief Hall. Chief
Hall spoke briefly on what winning the award meant to him. Each Supervisor offered
their congratulations.
IN RE: BRIEFINGS
1. Briefing and presentation by Virginia Amateur Sports, Inc. on the
2012 Subway Commonwealth Games of Virginia (Peter Lampman,
Virginia Amateur Sports)
Mr. Lampman gave a brief presentation on the 2012 Subway
Commonwealth Games and provided an economic report to each Board member. A
copy is on file in the office of the Clerk to the Board of Supervisors. Mr. Lampman also
congratulated the Parks and Recreation Department on their awards.
IN RE: NEW BUSINESS
1. Authorizing recordation of a subdivision plat dedicating various
easements and a permanent storm water management reserve
area for stormwater management, access and maintenance on
property owned by the Board of Supervisors at the South County
Library, Cave Spring Magisterial District (Paul M. Mahoney,
County Attorney)
A- 102312 -1
October 23, 2012 617
Mr. Mahoney outlined the request to record the subdivision plat dedicating
various easements and a permanent storm water management reserve for the South
County Library. He explained normally these are done one at a time, but felt it was best
handled by combining into one plat.
Supervisor Moore thanked Matt Cooper and everyone who had worked on
this. On motion of Supervisor Moore to adopt the staff recommendation, and carried by
the following roll call and recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
2. Request to adopt a resolution declaring intent to reimburse
expenditures for the proposed Social Services Office Building
Project from future bond proceeds (Rebecca Owens, Director of
Finance)
Ms. Owens explained the request for resolution is a follow -up from the last
work session as related to Tier I, Capital Improvement Projects. The intent is to include
any expenditures from any further bond proceeds.
Supervisor Church inquired of Mr. Goodman if this is a formality or
something to safeguard not having to use the funds from another account with Mr.
Goodman responding in the affirmative. Supervisor Church inquired of Mr. Mahoney if
the staff reports are included in the resolution with Mr. Mahoney responding in the
negative stating they are included in the minutes. Mr. Church inquired on page 1 of 1 in
the second paragraph, same for both items. "This resolution does not authorize the
project or appropriate any funds to the project at this time; it merely gives the flexibility
to include current expenditures in the future bond issuance, if the County chooses to do
so." Would that be considered a part of what we are voting on? Mr. Mahoney stated he
believed if you look at paragraph two of the draft resolution, it includes that concept or
that idea inherent in that paragraph. There was no further discussion.
RESOLUTION 102312 -2 OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS
INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A
FINANCING FOR CERTAIN COSTS OF THE SOCIAL SERVICES
OFFICE BUILDING PROJECT
The Board of Supervisors of the County of Roanoke, Virginia (the "County ") have
determined that it may be necessary or desirable to advance money to pay the costs
associated with the Social Services Office Building Project (the "Project ").
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
618 October 23, 2012
1. The Board of Supervisors adopts this declaration of official intent under
Treasury Regulations Section 1.150 -2.
2. The Board of Supervisors reasonably expects to reimburse advances made or
to be made to pay the costs of designing, acquiring, constructing, and equipping the
Project from the proceeds of its debt or other financing.
3. This resolution shall take effect immediately upon its adoption.
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. Request to adopt a resolution declaring intent to reimburse
expenditures for the proposed Vinton Library Project from future
bond proceeds (Rebecca Owens, Director of Finance)
Ms. Owens explained this was a similar resolution to provide the Board
with flexibility to have the funds reimbursed through the proceeds, if the Board so
desired. She indicated A &E funds have already been appropriated and could be
reimbursed through the bond proceeds. Supervisor Altizer inquired if this is something
we have done before with Ms. Owens responding it has been done with every other
project. There was no further discussion.
RESOLUTION 102312 -3 OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS
INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A
FINANCING FOR CERTAIN COSTS OF THE VINTON LIBRARY
PROJECT
The Board of Supervisors of the County of Roanoke, Virginia (the "County ") have
determined that it may be necessary or desirable to advance money to pay the costs
associated with the Vinton Library Project (the "Project ").
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. The Board of Supervisors adopts this declaration of official intent under
Treasury Regulations Section 1.150 -2.
2. The Board of Supervisors reasonably expects to reimburse advances made or
to be made to pay the costs of designing, acquiring, constructing, and equipping the
Project from the proceeds of its debt or other financing.
3. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
October 23, 2012 619
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 Jesus the Redeemer Church to obtain a Special
Use Permit in a R -1, Low Density Residential, District for the
operation of a religious assembly on approximately 5.671 acres,
located near the 6900 block of Wood Haven Road, Catawba
Magisterial District
There was no discussion. Supervisor Church moved to approve the first
reading and to schedule the second reading and public hearing for November 13, 2012.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance approving a lease with USCOC of Virginia (US Cellular)
for a communications antenna tower at the Catawba Fire Station
(Anne Marie Green, Director of General Services)
Ms. Green advised the need for the ordinance is for renewal of a lease
that expires in March of 2013. This lease contains the County paging system. This new
lease will allow the County to receive twenty -five percent (25 %) on any subleases. She
indicated there are no other towers signed in that area. Lease is for five (5) years with
automatic renewals of up to five (5) additional terms for a total of twenty -five (25) years.
Supervisor Church inquired if the additional rent is included in the automatic renewals
with Ms. Green responding in the affirmative. She indicated that is language that is
standard in their tower leases now, but this lease was negotiated a while back.
Supervisor Church moved to approve the first reading and establish the
second reading and public hearing for November 13, 2012. There was no discussion.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Elswick, Flora
NAYS: None
IN RE: APPOINTMENTS
620 October 23, 2012
1. Roanoke County Community Leaders Environment Action
Roundtable (RCCLEAR) (appointed by District)
Chairman Flora has recommended the reappointment of Jesse Freedman,
Hollins Magisterial District. Mr. Freedman has been contacted by the Clerk concerning
an additional term and has agreed to serve an additional three -year term, which will
expire August 31, 2015. Confirmation of this appointment has been placed under the
Consent Agenda
IN RE: CONSENT AGENDA
RESOLUTION 102312 -4 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for October
23, 2012, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 7 inclusive, as follows:
1. Approval of minutes — September 25, 2012
2. Request from the Roanoke County Police Department to accept and
appropriate funds in the amount of $30,450 for a grant administered by the U.
S. Department of Justice's Bulletproof Vest Partnership
3. Confirmation of appointments to the Grievance Panel; Roanoke County
Community Leaders Environment Action Roundtable (RCCLEAR) (appointed
by District)
4. Request for change order for the roof located at the Roanoke County
Administration Center
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Millwood Drove into the Virginia Department Tra nsportation (VDOT)
SeEe n dar S ys tem (This item was removed from the consent agenda.
7. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to David J. Herrick, Sergeant with the Police Department,
upon his retirement after twenty two (22) years of service
On motion of Supervisor Altizer to adopt the resolution, with the exception of 15
and 1 -6 and carried by the following roll call and recorded vote:
October 23, 2012 621
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
A- 102312 -4.a
A- 102312 -4.b
A- 102312 -4.c
RESOLUTION 102312 -4.d EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO DAVID JEFFREY HERRICK, POLICE SERGEANT —
CRIMINAL INVESTIGATION DIVISION, UPON HIS RETIREMENT
AFTER TWENTY -TWO (22) YEARS OF SERVICE
WHEREAS, David Jeffrey Herrick was employed by Roanoke County on
September 22, 1990 as a Police Officer in the newly established Police Department
after having served as a Police Officer in Arlington County, VA for eight (8) years; and
WHEREAS, Sergeant Herrick continued his law enforcement service by serving
as K -9 Officer, Detective, in both the Criminal Investigation and Vice Units, Sergeant, in
both Uniform Patrol and Criminal Investigation Units; and
WHEREAS, Sergeant Herrick retired on October 1, 2012, from the Police
Department after twenty -two years of dutiful, faithful and expert service with the County;
and
WHEREAS, during his time serving Roanoke County, Sergeant Herrick
performed a crucial role in protecting the life and property of citizens by honorably
serving as a Police Officer; and
WHEREAS, Sergeant Herrick, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to DAVID JEFFREY HERRICK for twenty -two years of
capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke.
622 October 23, 2012
Linda LaPrade of 5509 Will Carter Lane in Roanoke, Virginia stated there are
significant problems with the reports that RCCLEAR has been providing to you, the
Board of Supervisors. In the very first year of annual reporting on carbon emissions in
the Roanoke County 2008 Community Carbon Footprint report, it gives a 2007 baseline
of 1.82 million tons of carbon emissions, not 1.84 million tons which was in the last
report given to you two weeks ago. Which is it -1.82 or 1.84 millions tons as a baseline?
Did Sean McGinnis make a mistake the first year or was it the "indispensable" ICLEI
software? Or, has the baseline been deliberately adjusted up to show greater progress?
I wasn't the only one to notice that Sean McGinnis spent his time at the last BOS
meeting extolling the virtues of the "indispensable ICLEI software" and defending the
efforts of RCCLEAR as opposed to explaining the data in that report. This Board should
be extremely embarrassed at accepting without question a report that clearly contradicts
the 2007 report and even the simple math is incorrect. Here are two excerpts from the
last report: "The County's carbon footprint for calendar year 2010 is 1.81 million tons of
CO2 compared to 1.84 million tons for the baseline year of 2007 and the carbon footprint
for the first of 10 monitoring years is down an unadjusted 1.2 %, and when normalized
for increased cooling and heating loads is actually down 3.3 %, which is right at the
designated target of 3 %." The actual reduction using their figures is a 1.63% reduction
in the first monitoring year of 2010, not the reported 1.2% unadjusted reduction. Now
exactly how is it "normalized" to get a 3.3% reduction? We all know the goal is a 3%
annual carbon reduction and that is exactly what was delivered -on paper.
Let me be very clear on this point. The data being submitted to this board is unreliable
at best. County staff, RCCLEAR /ICLEI and Sean McGinnis are creating a disingenuous
illusion and it is harmful to all because it is not the truth. We've seen this fabrication
before when tons of CO2 were saved by handing out flyers to 'motivated individuals'. We
see it now with a report that has no audit trail, and no explanation of methodology aside
from the reliance on the unvalidated ICLEI software. A member of this Board of
Supervisors clearly stated that if he could be shown that ICLEI had done harm to this
County, he would change his vote to maintain membership in ICLEI. I will hold that
Supervisor to his words.
Alex Marshall of 5014 Jordantown Road in Vinton, Virginia stated he is
representing the Secular Humanists of Roanoke and is here once again to speak about
invocations. He stated he understands the Board will be having another closed work
session regarding the legal implications of continuing the invocations. He stated he
would like to speak briefly about why the vast majority of people who have spoken
about invocations are in favor of prayer. He stated he believes it is very hard and takes
a lot of courage to speak out when the vast majority of people present and also in the
community feel different. He stated he feels this is prohibitive to most people's
personalities. He stated he can personally assure the Board that people who think
similarly to himself are out there, living in Roanoke County. He stated he has met some
of them and they are good, reasonable people. He stated he encouraged the Board to
October 23, 2012 623
seek out and have a conversation with their group, either individually or as a group of
Board members and talk with us. He stated he feels if the Board gets to know them, the
Board will find they are very similar to other Roanoke County citizens in almost every
respect. Certainly, the Board will see we have the same high moral standards and deep
sense of community that you will find in almost every residence.
IN RE: REPORTS
Supervisor Altizer moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
1.
General Fund Unappropriated Balance
2.
Capital Reserves
3.
Reserve for Board Contingency
4.
Treasurer's Statement of Accountability per Investment and
Portfolio Policy as of September 30, 2012
5.
Proclamations signed by the Chairman
6.
Statement of Budgeted and Actual Revenues as of September 30,
2012
7.
Statement of Budgeted and Actual Expenditures and
Encumbrances as of September 30, 2012
8.
Accounts Paid — September 30, 2012
9.
Report of Claims Activity for the Self- Insurance Program
IN RE: CLOSED MEETING
At 3:48 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 .1, personnel,
namely discussion concerning appointments to the Blue Ridge Behavioral Healthcare
Board of Directors; League of Older American Advisory Council; South Peak
Community Development Authority; Section 2.2.3711.A.29 Discussion of the award of a
public contract involving the expenditure of public funds where discussion in open
session would adversely affect the bargaining position or negotiating strategy of the
Board, namely negotiations with the City of Roanoke and 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
624 October 23, 2012
The closed session was held from 5:59 p.m. until 6:37 p.m.
IN RE: WORK SESSIONS
At 3:49 p.m. Chairman Flora recessed to the following work sessions on
the fourth floor.
IN RE: WORK SESSIONS
1. Work session to review preliminary revenue estimates for fiscal
2013 and 2014 and to review budget process changes for fiscal
2014 (Brent Robertson, Director of Management and Budget)
In attendance for this work session was Brent Robertson, Director of
Management and Budget; Rebecca Owens, Director of Finance; Paul Mahoney, County
Attorney and B. Clayton Goodman III, County Administrator. The work session was
held from 4:34 p.m. until 5:25 p.m. Mr. Robertson reviewed a PowerPoint presentation,
a copy of which is on file in the office to the Clerk to the Board of Supervisors. He
started with economic indicators, GDP and unemployment; inflation. He provided
current year projections, $350,000 deficit. Revenue assumptions: Real estate 2013
reassessment -2 %, 2014 -1.5% and 2015 flat, 2016 and beyond most increases 1 -2 %.
He explained that personal property numbers are currently exhibiting relative strength,
2013 increase of 2.3 %, 2014 an increase 2.1 % and beyond 2014 slow, steady at 2.5 %.
He outlined sales tax numbers, which are an excellent indication of local economy,
reflects a moderate growth of approximately 3.5% for the next several years. Business
Licenses show a consistent growth of 3.5% and are traditionally a good indicator of local
economy. He advised the Meals Tax shows growth of 4.5% is anticipated for fiscal
2013 and 3% thereafter. With regard to State and Federal programs, he indicated staff
expects a significant reduction in 2013 due to change in childcare programs, no
reductions in fiscal 2014 (2 %) and 1% in 2015 and 2016. He indicated there is still
potential for significant exposure with regard to the State.
Mr. Mahoney indicated there is an iniative in the General Assembly to
change business receipts to net income. Mr. Robertson explained this would have a
huge impact on localities.
Mr. Goodman outlined the transfer from other funds and indicated the
Board had elected to fund the employees' increase in healthcare and has come out of
the insurance reserve into the general funds. This year staff is looking at an optional
plan for employees that may change the funding strategy and secondly, staff cannot
continue to take money out of this reserve. Reserve is currently at $500,000 and
cannot be sustained. There may be a need to add some funds back over the next two
or three years.
Chairman Flora inquired if there were any plans to discuss the impact of
October 23, 2012 625
"Obama Care" in 2014 and having a consultant analyze. Ms. Owens responded staff is
currently reviewing healthcare reform, also evaluating the current plan and strategy and
finally presenting options as a work session at the November Board meeting.
Mr. Robertson then advised the Board that based on these numbers, a
structural balance needs to take place and there is a need for budget process
modifications. He advised there needs to be a prioritization of programs and the
elimination of lower priority programs.
Supervisor Altizer stated what if you take those items ranked 16 down,
does every department have something that is ranked in that group or are there some
departments that will not have anything below the line of 21. Mr. Robertson responded
that it is not a rule to say that every department has something in the lower levels, i.e.
public safety. Mr. Goodman stated in the three years he has been here, the Board has
continually stressed to him that public safety is a priority, however, they will probably
have some areas of services they provide that would be a lower priority. He explained
when he states public safety; he is referring to Fire, Rescue and Police. Staff has also
included DSS due to the stress they have had.
Supervisor Church inquired how long staff has been working on this with
Mr. Robertson responding for quite some time, but they have not launched it.
Supervisor Church stated staff needed to give the Board some time to review. He
indicated they will need additional input before they can act.
Supervisor Altizer stated so basically with this chart, it eventfully gets
down "into the weeds" where we have not been before; looking at things that should
have been gone two or three years ago. This will give the Board a chance to look at
some things that the Board does not even know is being done; there is no return on that
investment. Mr. Robertson responded that is not the primary benefit, but would be an
added benefit. He states he feels that the County is doing things that are not
necessary. Mr. Robertson stated they are trying to point out there are some activities
that have a higher priority than others and in the times we are in, a choice must be
made.
Chairman Flora stated if you must make a choice; it needs to be the
lowest possible priority.
Mr. Robertson stated the difficulty is even an elimination of a low priority
item will cause citizens to become upset.
Supervisor Church stated this is going to be quite in depth and cannot be
jumped into and can have far - reaching effects.
Chief Burch commented that with the cuts that have been made over the
last several years, each department has already essentially cut the non - priority items
and it is gone.
Chairman Flora stated until staff has something tangible to attach to the
lower priority, it is all theoretical.
Mr. Goodman stated he felt it was important that the Board look at what
staff is thinking about doing so they would not be surprised. This will be developed
626 October 23, 2012
together; with the ever increasing costs of doing business there will need to be
adjustments and it is key the Board knows what they are before they are done and there
is a full understanding.
Chairman Flora stated there is a point when you start cutting you begin to
weigh whether or not a tax increase is less painful than making the cut. For example,
look at VDOT; when the General Assembly has not met the needs. It becomes painful
for everybody. At some point, you cannot cut anymore because you will have cut out
basic, local government services.
2. Work session to discuss licensing mopeds (Paul Mahoney,
County Attorney, Kevin Hutchins, Treasurer and Howard Hall,
Chief of Police)
In attendance for this work session were Paul Mahoney, County Attorney;
Kevin Hutchins, Treasurer and Howard Hall, Chief of Police. The work session was held
from 4:05 p.m. until 4:33 p.m.
Mr. Mahoney explained Supervisor Altizer had requested a work session
on mopeds, which had arisen from citizen comments at a previous Board meeting. He
stated he also believes Mr. Goodman and Chief Hall have attended a civic watch
meeting, neighbor meeting where this issue has surfaced. The question is does the
locality have some power to license mopeds. He advised the short answer is yes, and
to refer to the copy of the State Code in the Board package that authorizes a local
government to adopt a local ordinance to license mopeds. He stated he has also
provided the Board in his report the definition under the State Code of what a moped is
and has also suggested to the Board in the State Motor Vehicle laws there are a series
of State laws that deal with the operation of mopeds so our police officers do have some
existing authority under existing State law to make a valid traffic stop of an individual on
a moped if that individual violates those State law provisions. He explained it is quite
easy to draft an ordinance especially since there is a neighborhood right across the line
in Roanoke City that they have supposedly had some similar successes with respect to
the City's moped licensing ordinance. So, as a matter of consistency it would make
some sense for the Board to utilize the same methodology that the City has, but while it
is easy to draft an ordinance, the practicalities are there are some administrative and
bureaucratic hurdles in costs and expenses. That initiative on the part of the Board is
going to result in some costs; both hard costs and personnel costs and it would fall on
the Treasurer's Office and the Police Department to actually implement those
provisions. Accordingly, he asked Mr. Hutchins to provide for the Board a rough
estimate of what those administrative costs would be in his department and he also
asked Chief Hall to assist him because he feels there are some administrative costs
imposed on the Police Department as well. Chief Hall has made a suggestion that he
thinks is an excellent one for the Board to consider. There is also a provision in the
State Codes that allows a local government to adopt an ordinance, not so much with
October 23, 2012 627
respect to licensing of mopeds, but rather approaching it more from a safety issue,
requiring individuals who are riding on mopeds to wear a helmet, to have a face shield
and there would be a mechanism in place where we could address it as opposed to a
more cumbersome licensing provision.
Supervisor Moore inquired after reading the Code, it includes bicycles,
and wanted to know if they could enforce everything and not exclude bikes. Chief Hall
stated his understanding with his limited experience with Virginia law at this point;
bicycles should be obeying the same rules of the road when utilizing the roadway as
anyone else, just as a moped is required to obey the same rule of the road. There are
some complications with that because not all of those drivers have driver's licenses, but
it can be done. Supervisor Moore stated she has not seen anyone stopped for that and
it is so dangerous; it is a safety issue.
Supervisor Altizer stated in asking for this work session, licensing mopeds
came up in a Community Meeting, Roanoke City does it and knows that Mr. Mahoney
was sort of hesitant to say things, but this is about drugs. He stated he does not know if
licensing a moped is the best way, maybe helmets are a way. Drugs in this
neighborhood are a real problem. He stated he thinks we owe it to those citizens there;
citizens are scared. The Police Department is doing an excellent job in investigation,
arresting people, undercover and doing those types of things as much as it can. He
advised they are expending a lot of time out there already. He understands that
licensing mopeds creates extra work and hardship. It does not pay for a decal, but does
it give us a way to better enforce selling drugs from a moped. If someone jumps off and
runs, you will have a license plate, just like a car. He stated he is looking for something
that is going to be, one more tool in the arsenal to help eliminate this problem; does not
know what it is, which is why he wanted to have a work session and get a dialog going
between the Board, the Chief and Police Department to see what can be done.
Supervisor Elswick stated he likes what Supervisor Altizer has to say. He
would like to know more about what the complaint was, what was really happening, how
many mopeds were involved, has anybody every talked to the person who was creating
the nuisance using the moped. He stated he did not want to see the Board react to one
moped in one area of the County in too strong a fashion by adopting a new ordinance.
He stated he hoped there would be some other way to solve a problem. If it is a normal,
young person riding a moped up and down the street, then that is allowable. There
must have been something in this particular case that created a public nuisance. He
does not want the Board to go overboard enforcing all the other moped riders in the
County with an ordinance that was the result of just one person doing something that
somebody else in that neighborhood did not like.
Chief Hall advised they have arrested one person in this neighborhood on
a moped to transport drugs and he went to jail and is now out. He advised the Police
Department does not know at this point if he is sustaining the same activity. He does
not have a good handle on exactly how many folks would be using a moped tool to ply
their drug trade. He understands that the City has had some incidents and cases that
628 October 23, 2012
are similar and as Supervisor Altizer mentioned this is an area that is adjacent to the
City. His staff did a little research and found that the City had what the City termed "a
rather robust redistribution plan" for mopeds. In other words, they get stolen a lot and
the person you see operating it today may or may not be the owner of said moped. As
Mr. Mahoney mentioned there is significant administrative work for the Police
Department and in terms of the way the City is doing it, they report to us that it takes
about 2 hours a day on the part of one of their records people to keep up with this and
Officer time to verify. So, there is certainly a significant personnel cost when talking
about a records clerk to begin with and that is one the reasons he discussed the helmet
alternative with Mr. Mahoney. He stated from his perspective, mopeds are vehicles, out
there on the roadways. If you are in a crash when you are in a moped, just as you are
on a motorcycle you are out there unprotected from larger vehicles, trucks, etc. If you
are not wearing a helmet, the chances of serious injury or death are much higher than
someone who is wearing a helmet. So, perhaps we should pass some ordinances that
are going to affect everybody, everyone would get some benefit whether they like it or
not from wearing a helmet. He explained additionally, the helmet law just as a
registration law would give us another reason to make a vehicle stop on a moped. If
there is another reason for the police to stop someone in that neighborhood who is
operating a moped then that gives the Police Department a chance to interact with that
citizen. Hopefully, it is a law- abiding citizen on the mopeds, but if not it gives the Police
another opportunity to perhaps apprehend them or identify them for some other type of
criminal activity. There is no administrative cost to the helmet side of this.
Supervisor Church stated he is in agreement with Chief Hall. He stated
from his past experience in the insurance industry he know how dangerous these are
and feels helmets would be a good start.
Supervisor Altizer stated he does not have a problem with the helmet
issue; seems to be the most nonintrusive.
Supervisor Moore inquired of Supervisor Altizer if he is asking to register
the vehicle and wear a helmet on mopeds, motorcycles and bicycles. Can we do
anything operated on a public road must have a helmet. Mr. Mahoney responded he
can draft an ordinance for the Board's review.
Chairman Flora inquired about mopeds at night; should they not have
lights and brakes and are operable? Mr. Mahoney responded that is already in the
Code. He advised if it becomes necessary to move to the next level of registration, he
would hope the Board would not stop because it will cost a few dollars. The price that
we pay, even if we only save on person's life is worth the initial cost to save a life or
catch a criminal. If we want to stop with safety, we can see how it works.
Supervisor Elswick stated he likes the helmet for all and would also like to
see some reflective devises on bicycles, but has heard this must come from the Virginia
Department of Transportation (VDOT.)
Chairman Flora commented it may be a package of safety issues needs to
be addressed.
October 23, 2012 629
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Chairman Flora moved to return to open session and
adopted the certification resolution.
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
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 (David Holladay, Planning
Administrator)
Mr. Holladay outlined the petition to obtain a special use permit for the
operation of a family day care home. Due to changes in the State Code, the petitioner
needs a special use permit even though she has been in business for 17 years. He
indicated this was a very well run, first -class operation. The Planning Commission met
on October 2, 2012 and approved.
Chairman Flora opened and closed the public hearing as there were no
citizens signed up to speak on this issue.
ORDINANCE 102312 -6 GRANTING A SPECIAL USE PERMIT
FOR THE OPERATION OF A FAMILY DAY CARE HOME
LOCATED AT 1926 GOVERNOR DRIVE IN THE MONTCLAIR
ESTATES SUBDIVISION (TAX MAP NO. 46.07- 01 -10)
CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF
ARLENE COLETRANE SIMMONS
WHEREAS, Arlene Coletrane Simmons has filed a petition for a special use
permit for the operation of a family day care home to be located at 1926 Governor Drive
in the Montclair Estates Subdivision (Tax Map No. 46.07- 01 -10) in the Catawba
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
October 2, 2012; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on September 25, 2012; the second reading and public hearing
on this matter was held on October 23, 2012.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
630 October 23, 2012
1. That the Board finds that the granting of a special use permit to Arlene
Coletrane Simmons for the operation of a family day care home located at 1926
Governor Drive in the Montclair Estates Subdivision in the Catawba Magisterial District
is substantially in accord with the adopted 2005 Community Plan, as amended,
pursuant to the provisions of Section 15.2 -2232 of the 1950 Code of Virginia, as
amended, and that it shall have a minimum adverse impact on the surrounding
neighborhood or community, and said special use permit is hereby approved.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The provisions of this special use
permit are not severable. Invalidation of any word, phrase, clause, sentence or
paragraph shall invalidate the remainder. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church 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: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke.
Noah Tickle of 1603 Frosty Lane in Salem, Virginia stated he has been a
Roanoke County resident since 1956. It has been said to the point of "triteness ", a
picture is worth a thousand words. He stated he has that here minus the triteness, of
course. He stated he has mounted a diagram prepared by his engineering friend; a
very graphic design of high order showing ICLEI partners connected in and to our
locality. This diagram shows only local partnering as they "newspeak it." State,
national and world diagrams are even much larger. Since we are here concerned with
local governance, they are showing localities, for now. ICLEI, The International Council
of Local Environments initiatives is the carbon dioxide deception out of the Socialist UN
Sustainability Agenda 21, a non - government organization that seeks to do its part in
controlling all things human. Their approach of deception to the world is with the
hijacked "newspeak" color green. They are cloaked and Trojan Horsed in all things
green called, "sustainability." This diagram has been prepared because this is a vast
non - governmental organization responsible for confusing most government officials.
Government officials are so confused in fact with their glamour of green, they simply
sign on because the deception sounds so good and seemingly helpful. Especially since
the "green" in ICLEI's bank account keeps growing by leaps and bounds. ICLEI has set
hurdles and hoops for government officials to "jump" through called "milestones" before
they get to the coveted "greenbacks" to carry on their backs. There is absolutely nothing
October 23, 2012 631
wrong with good common sense environmental stewardship. Socialist UN Agenda 21
and partners like ICLEI are not about that. Stay within the confines of our Constitution
and all is well. Socialism seeks to destroy our founding documents; that is what they are
about. "Mr. Tickle advised he will have the diagram out in the hall for all to see after the
meeting. Mr. Tickle stated he has signatures of Roanoke County citizens encouraging
the Roanoke County Board of Supervisors to eliminate ICLEI from Roanoke County.
There are now well over 100 requests by petition signatures, etc. to defund ICLEI. Then,
there are those that prefer a signature rather than come here to comment about ICLEI.
More petitions to defund ICLEI are being circulated throughout our County. Our State
legislature is working on legislation to eliminate ICLEI. We have an educational team to
educate community groups and make presentations at festivals and shows; it is the
Patriotic thing to do. De -fund ICLEI- and -let us know.
Justin True of 4605 Whispering Willow Lane stated he has been a
Roanoke County resident for five years. He stated he just wanted to address the Board
once again on the issue of having prayer at our government functions. First, he stated
he does believe that it is illegal and he does believe that it is leading our public in the
wrong direction as far as tolerance and how to lead. He would like to challenge
Supervisor Church. Supervisor Church asked that the Chairman intervene. Chairman
Flora advised all comments must be directed at the Chair and must be kept non -
personal. Mr. True apologized and stated one of the Supervisors noted that prayer was
one of the most important votes ever as far as this Board was concerned. He advised
he would like to challenge that statement. Personally, he does not believe that is true.
He believes at the last meeting, the Board voted for a library to be installed to be built to
put books in children's hands, for people to go and start a better education and to see
something that would build a free - thinking society; not to be chained down with a
superstitious nature as far as thinking that you are going to guide someone through a
prayer through a deity. That is one thing that he would like for the members of the
Board to think about, is that really the most important thing that you are ever going to
vote on, really, honestly from a personal standpoint. Personally, if anyone would like to
personally come speak to me about that and the public, he would like to hear it. It has
been said at the last meeting and he was here this type of religious bullying where if
prayer was to be taken away we have been having all these issues since the 50's with
school shootings and things like that. Does the Board not see this as some type of
religious bullying? Do you think if you were to actually stop these types of prayers, if
things were to happen would you feel guilty? Do you really feel that would be in your
hands; and fall into your lap? Lastly, he would like to quote Thomas Jefferson, " "I have
examined all the known superstitions of the world, and I do not find in our particular
superstition of Christianity one redeeming feature. They are all alike founded on fables
and mythology. Millions of innocent men, women and children, since the introduction of
Christianity, have been burnt, tortured, fined and imprisoned. What has been the effect
of this coercion? To make one half the world fools and the other half hypocrites; to
support roguery and error all over the earth."
632 October 23, 2012
Judith Rauchle of 231 Cohas Mountain Road in Boones Mill, Virginia
stated she was here representing the nontheist community in Roanoke County. There
are Christians who understand the rich history of Christianity and helping to establish
this Country as an effective nation. Some of you may be on the panel. When our
founding fathers wrote the establishment clause they were trying to safeguard against
the country being high jacked by religious political domination because they had already
experienced this in Britain with the Church of England and they did not want religious
persecution implicated in the new country. Now, our primary founding fathers were
deists, but the Baptists were heavily persecuted by colonial beaurocracy themselves, so
they led the way embracing a pluralist society and insisting upon full liberty and
separation of church and state. In fact, that phrase which Jefferson used separation
was actually coined by Roger Williams the first Baptist in America to describe the
Baptist belief that church and state should be kept separate. He was a strong advocate
of freedom of conscience and he insisted that the state should not intrude into the free
exercise of religion, but in order to accomplish that he said, "Religion should be
disestablished from government." They realized that true religion is voluntary, not
coerced. Clinging to this historical myth of America as a Christian nation is historical
dishonesty as well as a slap in the face to all our founding fathers including our spiritual
forefathers. The word secular has been demonized, secular simply means neutral, fair,
not religion and not irreligion; that is what true liturgy is and she fears that once again
the most revered system of government in the world, the first secular nation is being
threatened by some who do not understand their own rich history. Now the Baptists are
no longer the minority, but today's religious minority, secular humanists, atheists and
agnostics also deserve the same freedom of conscience. We deserve to be recognized
as first - class, productive citizens; the productive citizens that we are and we nontheists
are not immoral criminals as some accuse us. On the contrary, we actually take
responsibility for our own lives with integrity, honesty and empathy for others and we do
this with no expectation of reward either in the present or in some future afterlife.
Religion did not invent morality and certainly not equality. In fact, in many cases it
clearly dictates the opposite in most. The religious unaffiliated now represent 62 million
people in the United States and growing every day. We are not going away and this
issue will not go away so we have heard our own freedom of conscience as long as the
Board continues to open its meetings with officially sanctioned prayers, this will be for
us a matter of violating your oaths to uphold and defend the constitution of the United
States. These practices are illegal and no amount of passing time will make it less so.
However, in conclusion, she would like to suggest that those interested in continuing to
pray at the meetings, do so during the citizen comment period. There is nothing to stop
any pastor or protestors from saying what they want during these times, just as she is
doing right now. If prayers are so important during the actual meeting, people could
spend their time during the comment period praying to whatever God they worship or
commenting as they see fit. They can do this without fear of retribution or violating the
law and without forcing the Board before a Court and costing the taxpayers of Roanoke
October 23, 2012 633
County tens of thousands of dollars in the process.
Susan Edwards of 4121 Given Road in Salem, Virginia stated she lives in
the Catawba Magisterial District. Ms. Rauchle put a great deal of what she was going to
talk about as well on the invocation, but she comes before the Board specifically to
encourage you to adopt the model policy regarding opening invocations before
meetings as provided previously from the Alliance Defending Freedom. This inclusive
and neutral practice will protect our County from suit as threatened by the Freedom
from Religion Foundation for continuing to practice without a written policy as well as
protecting those who choose to participate in giving a public invocation before the start
of our meetings. The model policy specifically was written for localities within the Fourth
Federal Circuit Court of Appeals. Ms. Rauchle has given you some of that history that
she completely agrees with regarding Thomas Jefferson in his letter of January 1, 1802;
a letter to the Danbury Baptist Church of Danbury, Connecticut in which he was
believed to be citing writings of John Locke, who was a philosopher that many of you
probably studied as well as the founder of First Baptist Church of America, Roger
Williams, to whom he had written in this regard back in 1644. Please remember the
context in which our founding fathers lived. They had come over from the Church of
England where we had an established church religion, but the colonists specifically
were looking at our constitution and the Bill of Rights that specifically would give them
protection from the Baptists within Connecticut having to practice Congregationalism,
which was the official religion of the Connecticut state at that time. This is not a policy
that forces anyone to believe anything. It continues a tradition that predates our
constitution. Our founding fathers did recognize that we all have freedom of religion and
that we can choose to practice a given faith within the law of not offending others as far
as taking away their life, liberties or freedom. However, we do not live in a society that
tolerance means we are all going to be forced to be nondeists or secularists. We were
not founded as a secular nation. Our founding fathers were predominately Protestants;
there was one Catholic who signed our Declaration of Independence, but the wall was
to protect the believers, not to protect government from the practice of people asking for
solemnity over the deliberations of public bodies and that is what she is asking for the
continued practice for those to come before you and offer an invocation before the
meetings and she would prefer it not be at the end of the meeting as a public comment.
May you be directed well as you deliberate on this matter.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Elswick stated he wanted to comment on Mr. Lampman and
the Commonwealth Games. Having an initiative that a lot of volunteers are involved
and obviously County Parks and Recreation is involved, but it is a common effort that
has resulted in increased revenues that citizens don't have to pay so much in taxes and
it has been a great effort. It is one of the large projects that can put us on the map and
we just increased taxes for the Convention and Visitors Bureau to promote tourism and
634 October 23, 2012
to get people coming to the area and what we need is a large attraction or two to bring
them here so that when they get here they will see what else the area has to offer. All
of us that live here know it is a great place to live and what we have to do is convince
some people that it also a great place to visit and things like the Commonwealth Games
will do that. It has been a great asset for us and he is totally convinced that the very
next thing that we need to do without spending a ton of taxpayer money is some
development at Explore Park and get started there working with whomever is
responsible and on a step by step, incremental basis, develop that into an attraction that
will bring people in so they can leave their dollars and alleviate us of some tax
generation revenues on the backs of citizens.
Supervisor Moore stated she would like to invite everyone to the Green
Living Energy Expo to be held November 2 nd and 3 rd at the Roanoke Civic Center.
There is something for everyone to do, bring the family. It is free, free admission and
there will be games, etc. She stated she would also like to invite everyone to attend the
third annual Veterans Day Parade. It begins at 11:00 a.m. on Saturday, November 10
to support our veterans and to thank them.
Supervisor Church stated to Mr. Goodman that earlier today we had one
citizen, Linda LaPrade, question the validity of some numbers in our Carbon Footprint,
RCCLEAR and asked that he ascertain the true numbers, whatever they may be in the
spirit of transparency get the numbers and report back to the Board. Mr. Goodman
responded in the affirmative.
Supervisor Flora stated he wanted to thank staff, in particular Arnold
Covey who is not here tonight. Arnold initiated discussions with VDOT to take a look at
Huntridge in Bonsack for traffic calming. One person seems to be getting more cars in
his yard than generally he normally would have. He knows VDOT helps do these
studies and maybe in three to six months we will get the report back. He also requested
if we could work some radar on Huntridge, which is right close to Route 460. The other
thing he wants to say was during the citizen comments, he thinks sometimes people
misunderstand the purpose; it is not an opportunity for the Board to enter into dialogue
with anyone. It is an opportunity for people to come up and give the Board their opinion.
They have our undivided attention and the Board will not interrupt them and we do not
enter into dialog, don't debate, don't argue with them or express our opinion regardless
of how we might feel or not feel. It probably ought to be said at the beginning of the
citizen comments so that everyone understands. We have this happen frequently and
he does not mean it happens at every meeting, but many meetings we get people who
expect us to debate them. As a matter of fact, they have even challenged us and stand
there and wait for the Board to argue with them. It is a great opportunity for citizens to
come in here and express their opinion for three minutes of our time; that is what we are
here for. It is always interesting to hear what people say. So many of us have so many
different opinions on the very same issue. If you went around the room and asked six
people in the room their opinion, you would get six different opinions.
October 23, 2012 635
IN RE: ADJOURNMENT
Chairman Flora adjourned the meeting at 7:28 p.m.
SAmitted by: Approved by:
Richard C. Flora
r em I I Chairman
636 October 23, 2012
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