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HomeMy WebLinkAbout8/11/2015 - RegularAugust 11, 2015 381 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of August 2015. 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: OPENING CEREMONIES Before the meeting was called to order an invocation was given by Pastor James Bergquist of Roanoke Avenue Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Peters called the meeting to order at 3-05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman P. Jason Peters, Supervisors Al Bedrosian, Joseph B. "Butch" Church, Joseph P. McNamara and Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Richard Caywood, Assistant County Administrator; Paul M. Mahoney, County Attorney; and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Peters requested that the order of the New Business items be reversed due to a timing issue. There was no discussion. 382 August 11, 2015 IN RE: BRIEFINGS 1. Briefing to update the Board of Supervisors on results of bond rating and refunding of Lease Revenue Bonds on the results of the Bond Refinancing and Bond Ratings (Rebecca Owens, Director of Finance) Ms. Owens provided the briefing. Supervisor Church stated he has always encouraged refinancing to reduce debt; shows good management. Supervisor McNamara stated he has an idea how involved this is to do and thanked everyone for all their hard work both in-house and externally. Supervisor Moore thanked Ms. Owens for all their work. Supervisor Bedrosian offered his thanks and asked for confirmation that the savings are accelerated in the first year, with Ms. Owens responding in the affirmative. She advised most of the savings are in the current fiscal year. At June 30, 2016, the outstanding debt will be approximately $174.3. Supervisor Peters commented that he sat in on the ratings call and by doing so realized the strength of Roanoke County, Ms. Owen's staff and administration and offered his thanks. 2. Briefing to update the Board of Supervisors on the Mountain Valley Pipeline (MVP) Project (Richard L. Caywood, Assistant County Administrator; Ruth Ellen Kuhnel, Senior Assistant County Attorney; Howard B. Hall, Chief of Police) Assistant Chief Mason was in attendance in place of Chief Hall. Mr. Caywood provided the briefing. He advised six weeks ago, he had briefed the Board that the survey work was getting ready to begin and it has been proceeding in earnest over the past month. Staff has received a number of calls from citizens inquiring what we are learning about the survey. All the survey work has been centered in the Bent Mountain community, not in Catawba. He has been advised that even after being asked to leave, the surveyors try numerous attempts; there are ten (10) to twelve (12) people arriving all at once. He has also been advised that they are using private roads and blocking them. At 5-00 p.m. on Thursday, August 6, 2015, surveyors arrived at Camp Roanoke. The plan was to start the first week of September, which is consistent with what we are hearing from citizens. One of the items being researched is how the notice requirements in the Code relate to when surveyors can arrive. He indicated the next MVP Committee was meeting at noon on August 24, 2015. He outlined the map of the new alternate 200; Montgomery, Giles and Craig Counties. Supervisor Church commented MVP always says one thing and something August 11, 2015 383 different happens. If they want cooperation then they need to do the things they say-, step up and give us information that we can count on. Supervisor McNamara echoed Supervisor Church comment that MVP says one thing and does another. He inquired if there has been any results from the court cases- West Virginia case. Ms. Kuhnel stated oral arguments were heard a week before last. �taff is hoping for a written opinion. Supervisor McNamara asked if there was any projected timeframe out of Nelson County with Ms. Kuhnel advising another Judge was brought in to hear the case. IN RE: NEW BUSINESS 1. Request for authorization to execute a Performance Agreement between the County of Roanoke, the Roanoke County Economic Development Authority and Old School Partners, LLC, Vinton Magisterial District (Jill Loope, Director of Economic Development; Paul M. Mahoney, County Attorney) A-081115-1 Ms. Loope provided a PowerPoint presentation. She advised this is a joint project between the Town of Vinton and Roanoke County. Supervisor Church welcomed Mr. Wilkinson from Old School Partners and asked if this would be similar to the Academy Street restoration in Salem. Mr. Wilkinson responded in the affirmative. He stated they need historic grants for this to be accomplished. He indicated they are pleased with the one in Salem. Supervisor Bedrosian reiterated that this building has been out there a while and it was advertised for anyone with Ms. Loope's confirmation. Mr. Mahoney provided a brief history- request for proposal, review, accepted and now negotiate a performance agreement. The Economic Development Authority approved the agreement this morning. Chairman Peters remarked he is very excited about this redevelopment. On motion of Supervisor Peters to execute a Performance Agreement, the motion carried by the following recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYES- None 2. Resolution requesting the Virginia Department of Transportation permit the erection of public service signage in the right-of-way for the 2015 Anti -Litter Campaign (Megan G. Cronise, Principal Planner) 384 August 11, 2015 Ms. Cronise provided a PowerPoint presentation. Supervisor Church thanked Supervisor Moore for bringing this forward, stating he liked the new logo and thinks it is a positive action. Supervisor Bedrosian commented he has been mowing and picking up trash and noticed that he can finish in the evening and in the morning there is more trash. He stated he would like to expand with regard to penalties. He advised he cannot believe that law enforcement cannot see this happening on a daily basis- it is appalling to him that people live like that. He stated he felt that until the pain hits somebody's pocketbook, it will not stop. He urged the Police Department to put some "teeth" into the program; he would like to see the trash violators pay for program. He stated he understands from talking to Supervisor Moore that there is a limit that the State will allow us. We could fund the County without taxes. It is so rampant. Mr. Thomas Gates, County Administrator, advised there was one citation issued. He interjected that staff can look at and the issue, but with law enforcement there is always prioritization. He stated he felt the best course of action is to continue with the education effort. Supervisor Bedrosian stated he does not think the education is getting through. He commented that the Police Department could use for their own budget as an incentive. Supervisor McNamara stated he thinks it is a great program and feels that people that do this are not even thinking about what they are doing. He asked if other jurisdictions were jointly participating with the County on this. Mr. Richard Caywood, Assistant County Administrator, remarked he had spoken with the City of Roanoke about doing a joint effort and they have started a similar program on their own. Staff can revisit. The sign space for commercial establishments are at a premium. Supervisor McNamara then asked about sign space stating it is based on the zoning ordinance and should we be revisiting; particularly the temporary sign ordinance. It was passed a number of years ago and he was never in favor of. It allows thirty (30) days for a business to have a temporary sign. You have to make an application, pay $50 and have to jump through all the hoops when all you are trying to do is advertise your business, which he feels is pro-business. He stated he expects we are not following the ordinance as it relates to temporary signage for the anti -littering campaign on our properties. He does not think we should, but thinks we ought to change some of the ordinance. If we are going to put temporary signs on our property, businesses should be able to put signs for longer than thirty (30) days, which is what we have right now. Ms. Cronise advised right now temporary signs are permitted with a $25 permit. In a commercial district they can be thirty-two square feet in size and setback ten (10) feet from the property line. We do allow them for the remainder of the calendar year in which purchased. If you buy January 1st, you can leave it up all year long. If you have a different sign that you want to swap out, you can do that, but it is really not a temporary sign. It could be made permanent, but is typically made up of banner material and they need to renew it every year. Supervisor McNamara stated he was glad she knew that August 11, 2015 385 because he thought it was thirty (30) days. He then asked if it fell under the square footage for the advertising. Ms. Cronise responded negatively stating it is outside of the allotment for permanent signage. Additionally, the signs staff puts up on County property are governmental signs so they do not fall under the temporary sign requirements or under the permanent sign requirements. We make sure they were smaller than thirty-two (32) square feet, they are 3 x 7 or twenty-one (21) square feet per sign and they do meet the ten (10) foot setback requirement. When you have a planner in the group, the planner makes sure that the requirements are met. With the parking lot signs, she did speak with John Murphy and the way we figured we could make it work was if the signs were not visible from the public right-of-way or legible to the public right-of-way. If you had a sign on your building that is 1 x 2 that says Dr. SuchandSuch and you cannot read it from the road, it does not count, but if it is a large - building mounted sign or a free-standing sign, then it does count towards your permanent sign allocation. So, the way we can do these signs, they are small, 18 x 24 in size are meant to be placed at the top of parking spaces in a personal lot, i.e. Walgreens on Rt. 419 on Brambleton. If you have the sign facing towards the building there is no way you are going to see that from the road so it does not count as permanent signage allocation. Supervisor Moore thanked everyone for all their hard work, everyone has done a great job, Megan, Richard, Scott Ramsburg, his design is incredible. On the signs, she feels it is going to take legislative action. She stated she hopes we can get a legislator this year to champion that so that we can increase the fines. Also, she stated she would like to take a moment and recognize some of the businesses that have already participated and purchased signs. Kenny Gussler purchased four, he has a couple of office buildings- Howard Johnson's, Clearbrook Mini Mart, Walmart on Rt. 220 has purchased four; We�dy's, the Corners Shopping Center where the Shoe Dr, Mike Ruth is located, is constantly picking up trash on Rt. 419; thank you Mike if you are watching. Plato's Closet, Once Upon a Child, Play it Again Sports and the Holiday Inn - Tanglewood are also participating, have ordered and most of them have received their signs. Thank you. If anyone else would like to participate, the signs with your logo on them are $50 each and they are nice metal signs that you can put up at your business in your parking lot. Chairman Peters thanked Supervisor Moore, Megan Cronise and everybody who had a part in this. It is a great campaign and he does hope that we can make a difference. He also hopes that we can find someone in Richmond that can move this forward. RESOLUTION 081115-2 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION PERMIT THE ERECTION OF PUBLIC SERVICE SIGNAGE IN THE RIGHT-OF-WAY FOR THE 2015 ANTI -LITTER CAMPAIGN 386 August 11, 2015 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified the prevention of littering as an important public responsibility, and littering is an increasing problem in Roanoke County- and WHEREAS, litter has an adver'�e effect upon the aesthetics and appearance of our neighborhoods, streets and public parks, it damages and clogs our storm drains and storm sewers, it contributes to community decline, and it creates a public nuisance; and WHEREAS, the Board hereby finds that increased enforcement efforts to combat the litter problem to protect the public health, safety and welfare of the citizens of Roanoke County; and WHEREAS, the Board finds that increased public service and informational advertisements to promote public education about littering will achieve the goal of reducing litter in the County; and WHEREAS, the continuation of a Litter Prevention Program is a valid public purpose. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . That the Virginia Department of Transportation (VDOT) is hereby requested to permit Roanoke County to erect permanent public service informational advertisements in and along the public right-of-way of State maintained roads in Roanoke County. 2. That these public service informational advertisements shall inform and educate the public about the problems of littering and the illegal disposal of trash on public and private property. 3. That each sign location be reviewed for safety concerns including sight distance, post design and existing signage. 4. That this resolution shall be effective upon its adoption. On motion of Supervisor Moore to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance amending Chapter 10. — Licenses of the Roanoke County Code by the addition of a new Section 10-59. - Pawnbrokers and will include a license tax as provided in Sec. 10- 36 and an application fee of two hundred dollars ($200) (Paul M. Mahoney, County Attorney) Mr. Mahoney advised this was a second reading and public hearing due to the proposed application fee. He stated he had a meeting with Judge Swanson and August 11, 2015 387 provided him with the draft ordinance. A methodology for coordinating both with the local governing body and the Circuit Court has been completed. Staff is also recommending that the Board recommend to the Planning Commission that they revisit the ordinance. He advised that the first meeting, Supervisor McNamara asked a variety of questions and he has attempted to answer in the staff report. The first question was why is the license tax at thirty-six (36) cents per hundred as opposed to twenty (20) cents per hundred, which is the license tax on retail activities. The existing County Code adopted well before this ordinance was proposed includes pawnshops under the personal and business service occupations category, which is thirty-six (36) cents per hundred and is also consistent with the State enabling legislation. The question was also asked what other businesses have these or similar kinds of requirements. We listed a variety of businesses, primarily focused on adult daycare, welfare agencies, child daycare centers; those kinds of businesses had a similar kind of impact. Along with the precious metals to his understanding, no other business is required for this kind of activity. Outside of businesses, Roanoke County Parks, Recreation and Tourism also had a lot of volunteer coaches who require background checks. There is just a significant amount of background checks for a lot of the departments in Social Services. Based upon the discussion of the Board at the first reading, he went back and recommended and made some modifications to the proposed draft ordinance that is before the Board. The first modification is to provide for a two-year renewal opportunity as opposed to every one year and then second, if a business already has a license under the precious metals permit, it will not be required to seek another background check so long as that precious metals permit is still in place, has not been revoked, rescinded, then the pawnshop or pawnbroker would not have to secure an additional permit. We have had an application from a local business, Franz Jewelry. They already have a precious metals permit so we were attempting to accommodate what they were doing. Finally, a question was asked of why $200 for a precious metals permit. The quick and easy answer is that is specifically required under the State enabling legislation in Title 54.1.141.08. He had also spoken with Chief Hall and his office provided him with a breakdown of the time, steps and the various activities that are implemented by the police when they proceed with reviewing an application for a precious metals permit. Chairman Peters opened and closed the public hearing with no one signed up to speak on this item. Supervisor Bedrosian inquired if the $200 is annually for the precious metals permit with Mr. Mahoney responding in the affirmative. Supervisor Bedrosian asked what the difference was between a jeweler and precious metals. Mr. Mahoney advised the previous metals license is for those who are melting the precious metals down. Mr. Mahoney indicated based on the questions the Board asked during the first reading, he has amended the proposed ordinance to make this requirement every two (2) years. 388 August 11, 2015 ORDINANCE 081115-3 AMENDING CHAPTER 10. — LICENSES OF THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION 10-59. - PAWNBROKERS AND WILL INCLUDE A LICENSE TAX AS PROVIDED IN SEC. 10-36 AND AN APPLICATION FEE OF TWO HUNDRED DOLLARS ($200) WHEREAS, the Board of Supervisors finds that it is necessary to amend the County Code to license pawnbrokers in Roanoke County; and WHEREAS, the Board of Supervisors hereby finds that law enforcement review of license applications for pawnbrokers will better address concerns of criminal activity and the fencing of stolen goods; and WHEREAS, licensing enforcement efforts are a valid public purpose to protect the public health, safety and welfare of the citizens of Roanoke County; and WHEREAS, this ordinance is authorized by Chapter 40 of Title 54.1 of the Code of Virginia, as amended; and WHEREAS, the first reading of this ordinance was held on July 28, 2015, and the second reading and public hearing were held on August 11 7 2015. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows - 1 . That the following sections of the Roanoke County Code be amended by the addition of Section 10-59. - Pawnbrokers to read and provide as follows - Chapter 10 — Licenses Article 111. Special License Provisions Sec. 10-59. — Pawnbrokers. (a) The license tax rate for every person engaged in business as a pawnbroker shall be 0.36 percent of the gross receipts in such business during the preceding calendar year as provided in Sec. 10-36. (b) For the purpose of this section, a pawnbroker is any person meeting the definition provided at Section 54.1-4000 of the Code of Virginia, as amended. (c) No license to engage in business as a pawnbroker in the County required by Section 54.1-4001 of the Code of Virginia, as amended shall be issued under this chapter by the Commissioner of the Revenue unless the applicant therefor shall produce a permit from the Chief of Police. (d) No person shall engage in the activities of a pawnbroker in the County as defined by Section 54.1-4000 of the Code of Virginia, unless he or she has a current license to do so issued by the County pursuant to this section. No purchase or sale permitted by this chapter shall be lawful unless and until such license is prominently posted at the pawnbroker's place of business. (e) Any person desiring a license required by this section shall file with the Chief of Police an application form, which shall include the pawnbroker's full name and August 11, 2015 389 any aliases and his or her address, date of birth, age, social security number, sex, and fingerprints- the name, address and telephone number of the applicant's employer, if any; and t�e location of the applicant's place of business. Such application shall be accompanied by an application fee of two hundred dollars ($200), payable to "Treasurer, Roanoke County." (f) Upon the filing of a proper application for a license under this section and compliance with the provisions of Section 54.1-4001 of the Code of Virginia, the applicant shall be issued a permit by the Chief of Police, provided the applicant has not been convicted of a felony or crime of moral turpitude within ten (10) years prior to the date of application. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under this chapter or any ordinance of this county or another jurisdiction similar in substance to the provisions of this chapter. Any false or misleading information provided on the application form may be grounds for denial of a permit. (g) No permit or license issued under this section shall be transferable. (h) A permit or license issued under this section shall be valid for two (2) years from the date issued, unless sooner revoked, and may be renewed in the same manner as such permit was initially obtained, with a permit fee of two hundred dollars ($200). (i) Upon the first conviction, by any court, of a pawnbroker for violation of any provision of this code, the chief of police may revoke his or her permit to engage in business as a pawnbroker under this section for a period of one full year from the date the conviction becomes final. Such revocation by the chief of police shall be mandatory upon a second conviction. No license to engage in business as a pawnbroker in the county shall be issued until the applicant therefor has obtained a permit from the Chief of Police. If the Chief of Police refuses to issue such permit, he shall notify the applicant, in writing, of his reasons therefor and the applicant may appeal such refusal to the Circuit Court within thirty (30) days from the date of such notice. 0) Upon conviction of the holder of a license to engage in business as a pawnbroker in the county for the violation of any state law or provision of this Code or other ordinance of the county concerning pawnbrokers, such license shall be deemed forfeited without further adjudication. (k) Daily reports. (i) Every pawnbroker shall prepare a daily report of all goods, articles, or things pawned or pledged with him or her or sold to him or her that day and shall file such report by noon of the following day with the Chief of Police. The report shall include the pledgor's or seller's name, residence and driver's license number or other form of identification; a photograph or digital image of the form of identification used by the pledgor or seller- and a description of the goods, articles or other things pledge� or sold and, unless maintained in electronic format, shall be in writing and clearly 390 August 11, 2015 legible to any person inspecting it. A pawnbroker may compile and maintain the daily report in an electronic format and, if so maintained, shall file the required daily reports electronically with the Chief of Police through use of a disk, electronic transmission or any other electronic means of reporting approved by the chief of police (i i) The pawnbroker shall comply with the regulations adopted by the Department of State Police for the uniform reporting of information required by this section. (iii) Any person, firm, or corporation violating any of the provisions of this section is guilty of a Class 4 misdemeanor. (1) Any person who has been granted a precious metals and gems permit pursuant to Chapter 16.1 of the Roanoke County Code may file with the Chief of Police the background information submitted for the issuance of the precious metals and gems permit in support of the application required in sub -section (e) above. No application fee is required for the pawnbrokers license or permit so long as the precious and gems permit has not expired or been revoked. 2. The sections, paragraphs, sentences, clauses and phrases of this section are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance shall remain valid. 3. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None IN RE: CONSENT AGENDA RESOLUTION 081115-4 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- August 11, 2015 391 That the certain section of the agenda of the Board of Supervisors for August 11, 2015, 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 2 inclusive, as follows - 1. Approval of minutes — July 14, 2015 2. Request for ratification of appointment of representatives to the Roanoke County Community Policy Management Team (CPMT) On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None A -081115-4.a IN RE: REPORTS Supervisor Moore moved to receive and file the following reports. The motion carried by the following recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt 5. Proclamation signed by the Chairman IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church asked Mr. Gates if the County had started the new crash reporting system. Mr. Gates responded in the negative advised the Board had committed to a pilot project that would be brought back to the Board for final approval. Supervisor Church stated there are concerns and questions that this Board has started up something for the first time in our Country and having an insurance background knows we could have a nightmare turn into reality with the citizens caught in the middle. Supervisor Bedrosian stated he has something on his mind but before he gets to it, he would like to invite anyone who cares to come to a community open house on Thursday, August 13, 2015. He indicated he had sent out invitations to the citizens in his area but are watching live or in person that the Blue Ridge Autism Center has given us the ability to use their facilities for a community meeting from 6-30 p.m. until 392 August 11, 2015 8-30 p.m. this coming Thursday. Please come and discuss issues that are going on in Roanoke County. One of the issues he wants to talk about has been in the news and is about United Way and their connection to Planned Parenthood and Roanoke County. He brought this up at the meeting two weeks ago and he would like to state that every issue is a local issue. We talked about immigration two weeks ago and found out that people don't live in someplace called Federal or State, they live in cities, towns, counties with names attached to them. It was interesting to find out about the immigration issue and how that does affect us and what we can and what we cannot do about it. Several weeks ago, we had these videos that came out showing, probably shocking a lot of people, about what goes on in the abortion industry. A lot of us have been opposed to Planned Parenthood and what they do for many years. This is not just with him, the anger around the country is so intense that we actually had the Federal government do something quickly for a change and the US Senate actually went to vote on this issue. Usually it takes forever for them to do something, but they did. Remarkably, the Senate is a pretty liberal part of our government; not as conservative as the house and they almost had a split vote; it was 46 to 53 and a couple of Republicans did not vote. All in all, pretty close to getting a majority or at least even to defund Planned Parenthood. In fact, our own Congressman had sent him a letter. He did not ask for it; he did not write him about it, but he had discussed with him. He is a strong proponent and he supports a bill that defunds Planned Parenthood and would defund the Planned Parenthood Federation of America, Inc. and any of its affiliates that perform abortions or finance those that do. He had a conversation with the County Administrator, Tom Gates, and wanted to make sure that we were not in any way funding abortion. The reality is there is a cry across America. You have to be deaf is you are not hearing this that we need to get out of this business and stop funding it with government money. Private citizens can do what they want to do. Technically, he believes we are financing Planned Parenthood because we finance United Way with money that goes to Planned Parenthood. After a while you have to look at the point that there is a connection here. We are funding an organization that is adamant about funding another organization that a lot of people do not like. He took the time to go over to United Way and discussed this issue. United Way gives money to a lot of very good organizations that help. Why would you give money to Planned Parenthood? Many of you may have forgotten this, but about three or four years ago, the Planned Parenthood right here in the Roanoke Valley, Peters Creek Road, was caught in a sting operation just like the videos you are seeing. They were caught in a sting operation where a person in the sex business came in and was talking about a fourteen (14) year old girl that he had employed with him and how he could get contraceptives and you would have thought the person he was talking to was being asked about how the weather was. She was so ho-hum, telling him all the advice that he needed to get contraception for these underage girls and girls that did not even speak English. She acted like nothing was going on. This is right here in the Roanoke Valley; it is not somewhere else. It isn't in some liberal city like San Francisco, it is in the Roanoke Valley. On the way out, she August 11, 2015 393 actually told him he could get some condoms on the way out for free. The only reason he mentions this is why would anybody want to be associated with this. He knows on this Board that all of us have our passions, one way or the other; maybe this is his passion that when he hears about babies being killed, murdered right here in the Roanoke Valley, it does hit at him a little bit. The conversation that he has had with United Way really taught him something. The United Way back in 2013 was willing to stop its funding for the Boy Scouts. In fact, he goes back to a letter in September of 2013 that the United Way and the Boy Scouts of America, the Blue Ridge Mountain Counsel were parting ways because (from a letter from the Boy Scouts explaining how damaging this was) "The United Way has decided that our program does not align with their priorities that focus on education, income and health." United Way was willing to drop somebody; willing to separate and not give money to them, but they are not willing to stop giving money to Planned Parenthood, who kills babies. He has really been investigating this- thanks to Mr. Gates who has provided him with the amount of money. We give financi�lly and the last amount in fiscal 2015 about $7,000. Supervisor Bedrosian then asked Mr. Gates what the money that we give is for. He knows the employees can donate their own money, but what would we spend $7,000 on? Mr. Gates stated he wanted to be clear that Roanoke County does not make any direct contributions to United Way. There is no corporate giving program that many places have- we do not. The funds that are provided by the County are used for facilitation of the 6nited Way campaign amongst employees. What that involved is our employees come into some breakfast where the United Way is asked to come in and provide information about the kind of work they do and we pay for the breakfast and give the employees an opportunity to both learn about the United Way and to also contribute to the program. Supervisor Bedrosian asked if Mr. Gates was on the Board of the United Way. Mr. Gates responded in the negative. The only reason that he asked that question is that he was looking back and trying to find some records and it seems that a lot of the people in the Roanoke Valley are. Is that something we do? Would you become a Board member? Mr. Gates stated he has not been asked. Supervisor Bedrosian stated Clay Goodman was, Mr. Gates interjected that he may. The prior administrator was, Chris Morrill was from 2013, Rita Bishop, Lorraine Lange, Joyce Waugh from the Chamber. So, he finds that a lot of people in the business community or County government seems to be on the Board of the United Way; that may make it more tough or difficult for us to say we are going to pull out. Another thing that he found out is that United Way in 2013 donates money to Roanoke County. Were you aware of that; do we still do that? Mr. Gates stated he does not understand the question. Supervisor Bedrosian stated he went through some of their material that Hollins Fire and Rescue Squad was donated to about $10,000 from the United Way. Read Mountain and a lot of rescue squads. Chairman Peters interjected that is where people are donating their funds to go there. Mr. Gates stated the United Way supports any number of local governments. Through donations, the people can designate the money go back to Roanoke County through the United Way. Mr. Gates stated that 394 August 11, 2015 contributions to Fire and Rescue who are independent of the County. They are like a little holding company that collects money and then gives it out to Planned Parenthood, Hollins. Mr. Gates stated that the United Way allows people to designate where funds that they contribute may go or may allow them to exclude organizations. Supervisor Bedrosian stated he understands; they give funds to it appears all the Rescue Squads - Ft. Lewis, Cave Spring, etc. He stated he thought it interesting that people donate money and that money can be donated to the United Way. All he is talking about is that there is a connection with the United Way through former Board members and also money that goes to the United Way and then distributed out to some locations. What he would like to ask Roanoke County to do is first of all he has asked the United Way as a separate and private organization and the reality is they should operate as a separate, private organization. He has always on this Board felt that we should not connect ourselves with any non-profit organization. Because we are basically selecting winners or losers in the non-profit groups. He has a lot of non-profit organizations that could use money, but they don't come here and he does not recommend for them to come here. They need to get money on their own. We do offer a great platform for United Way to come here and have a platform to solicit money and to give money. He thinks it should be separate from government. It is not our role. Let the United Way, with all the good organizations, work on their own. We should not be facilitating that. Add to that the United Way was willing to break off from the Boy Scouts and many have implied it was the issue about homosexual leaders and they did not line up with that kind of theology and methodology that they drove off relationships. He is saying isn't this the whole Planned Parenthood thing even larger than that. Why doesn't the United Way break from giving money to Planned Parenthood? So, he will end by saying he wished the United Way would do that, but at a minimum, he thinks that Roanoke County really should start removing itself from aligning with any non-profit organization. In fact, whether United Way was involved in Planned Parenthood or not, it does not seem that our role on County time using any County money. Let people in Roanoke County do that on their own. We have all been in corporate America where they come into a room and are forced to write down how much. Is everybody required to sign a document? Mr. Gates stated no-one is required to participate in the United Way campaign. No one is required to attend any of the events we have and certainly no one is required to fill out any kind of pledge form or anything along those lines. Supervisor Bedrosian stated so they don't have to put in a zero? Mr. Gates responded in the affirmative. Mr. Gates stated we have about 575 people in the last campaign that did contribute, somewhere in the order of the magnitude of $5,620, he believes was the contribution and we did spend about $6,800 last week, which was probably a high mark for us. This campaign with United Way has gone back at least thirty (30) years and over the last ten years, we have averaged about $4,000 per year. Last year, the $6,800 spent in support of the campaign leveraged $4,600 of private giving, which is about a 7 to 1 ratio. August 11, 2015 395 Supervisor Peters stated he has been asked a lot of questions regarding this because he is the Chairman over the same issue so he came prepared to give his thoughts on the Planned Parenthood and the United Way. He will reference what Mr. Bedrosian has said, it is nothing against him, but he will reference some things he has brought up in the past. In the recent weeks there have been a number of videos that he does find repulsive and disturbing- to the point he could not bring himself to watch the last video. He personally canZt understand why our Justice Department has not investigated this like any other organization; they would not hesitate. There are many in this community to whom Mr. Bedrosian has referenced at budget time that when we are promoting tax decreases, they seem to be forgotten. He is talking about United Way. Again, he does not want anything he says to be derogatory because it is not meant that way at all. There are people out there that are struggling to buy food, a roof over their head, struggling to find employment or the skills needed to get a job and providing their most basic needs; clothing, healthcare, school supplies for their children and in many cases are unaffordable. What about their future. We have an organization in United Way in Roanoke with the intent of providing those basic needs dedicated for helping improve their lives, providing hope, opportunity and the tools to better improve their lives-- he has often referenced a hand up rather than a hand out. We are very likely to hav� friends and neighbors, the five of us sitting up here, who have received help from a United Way agency over the last few years. He would like to reiterate an earlier comment that was corrected in the Roanoke Times. In our local government, and he has often said our greatest asset in government is our employees. The people who protect us, save our lives, our property, provide for those who are less fortunate, they even educate our children. He stated last week that we have some smart, very intelligent people who work for Roanoke County and he believes those same smart people if bothered and disturbed by the videos that were referenced earlier are smart enough to make sure their money does not go to that organization. Even though we have been told that the Planned Parenthood here in Roanoke only uses the money coming from United Way for educational purposes. Again, if they are uncomfortable, they can choose the organization they want to channel their money to go in that direction. He is a part of one of those organizations, the first aid crew, and people are able to give through that organization that they probably would not give. With all due respect, he disagrees with Mr. Bedrosian that is not money that the County would supply to us. We receive a yearly grant from the County to help with our supplies and maintenance of vehicles, etc. It is our way of making extra money to provide services that our citizen's demand. When he asked the administrator, Mr. Gates, to provide to him a list that we could provide money to, i.e. the Alzheimer's Association, the Cancer Society, American Heart, Blue Ridge Autism, Achievement Center, Down's Syndrome Association, hospice which his family has used, great people, Habitat for Humanity, Saint Francis Service Dogs. There are so many groups in here, Roanoke Area Ministries, American Red Cross. There are so many areas in here that people can designate their money to instead of giving to the general fund that it concerns him that 396 August 11, 2015 we would want to eliminate that in Roanoke County. Mr. Bedrosian did present a fact about many of our non-profit organizations that the County partners with during our budget presentation and again, we do not partner with United Way. He stated if groups would ramp up their own private giving, there would be less dependency on local government. With that being said, United Way is the opportunity for individuals to give to organizations of their choice and promote private giving. Here is a fact, he, like many other employees have never had the opportunity to write $130 check to an organization, i.e. Rescue Squad, but through the United Way he can give $5 a paycheck and that would help out that organization in a year's time. It is a simple fact that without the resource of United Way, he is betting a majority of our employees would not drive to that organization every two week on Friday when we get paid and hand them a $5 bill. It would just be forgotten. He does think it is a way to promote our giving. He thinks we can choose to handle our giving in a way that will most benefit our communities. He stands behind what he said earlier; he is very disturbed by what he has seen over the last few weeks in the videos and truly hopes and pray that the government will step in. At 4-32 p.m. Chairman Peters recessed to the fourth floor for work session and closed session. IN RE: WORK SESSIONS 1. Work session to discuss the changes in the regulation for open burning in Roanoke County (Steve Simon, Chief of Fire and Rescue; Rob Light, Assistant Director of General Services; Brian Simmons, Fire Marshal) In attendance for this work session were Chief Steve Simon, Brian Clingenpeel, Fire Marshal and Rob Light, Acting Director of General Services. Chief Simon outlined the PowerPoint presentation and advised this was the result of the recent Clean Air Act. Supervisor McNamara asked Chief Simon if he was in favor. Chief Simon advised yes as he thinks it will protect citizens. He is just concerned because he feels it will be confusing to the rural areas. Supervisor McNamara stated he did not like the State as usual getting into County business. Supervisor Church questioned the number of trips allowed to the Transfer Station.; Chief Simon advised he would provide the Board with a list. It was the consensus of the Board to move forward with the first reading at the next Board meeting. The work session was held from 4-45 p.m. until 5-10 p.m. IN RE: CLOSED MEETING At 4-31 p.m., Supervisor Peters moved to go into closed meeting following August 11, 2015 397 the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 1. To discuss and consider the employment, appointment and resignation of specific public officers, appointees, or employees; namely the County Attorney The motion carried by the following recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None The closed session was held from 5-21 p.m. until 5-35 p.m. IN RE: CERTIFICATION RESOLUTION At 5-34 p.m., Supervisor Peters moved to return to open session and adopt the certification resolution. RESOLUTION 081115-5 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 b�siness 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 Church to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None IN RE: ADJOURNMENT August 11, 2015 Chairman Peters adjourned the meeting at 5:35 p.m. mitted by: Approved by: Deborah C. P. Jason Ffeters; li "lerk to the Board Chairmari W W Fne"