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HomeMy WebLinkAbout3/24/2020 - Regular March 24, 2020 127 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 March 2020. 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 a moment of silence was observed. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Radford called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman David F. Radford; Supervisors Martha B. Hooker, Paul M. Mahoney, Phil C. North and P. Jason Peters MEMBERS ABSENT: None STAFF PRESENT: Daniel R. O'Donnell, County Administrator; Richard Caywood, Assistant County Administrator; Rebecca Owens, Assistant County Administrator; Peter S. Lubeck, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: BRIEFINGS 1. Briefing to update the Board of Supervisors on the Coronavirus emergency (Stephen G. Simon, Chief of Fire and Rescue) Chief Simon provided the update. 128 March 24, 2020 Mr. O'Donnell advised staff is trying to continue as many services as possible, but the buildings are closed. We want to make sure that the public knows they need to either call in or email if they need any service. The buildings are closed so they cannot come up to the building. All the contact information is available on the County website. And we have initiated our teleworking policy. So, a large number of our employees are working from home and there are some who are on administrative leave, but really we have decreased the amount of people in the workplace so the social distancing among employees is much easier to maintain. We also have at Social Services in Salem a drive-through window, so if citizens really need to contact someone at the social services staff, they can call and go to the drive-through window and make an appointment to talk to somebody face to face. He added he just wanted to show how we are complying with the directives from the State on the health situation. Supervisor Peters stated it goes without saying, you have the support of this Board. This is an unusual time for all of us. He really appreciates the response of Roanoke County getting together with our regional partners and being prepared and ready for what may be coming at us. We have not seen it yet at our backdoor, so to speak, but we all see the numbers and see them escalating every day and it is just a matter of time, but thinks they have done a great job of preparing us for this. Thank you. Supervisor Mahoney stated that he thinks what Mr. O'Donnell and his staff have been doing in response to this has been great. He thinks all the steps and all the measures you and Chief Simon have implemented to try to still provide essential services to our citizens is fantastic. The question he would have is have you had to reallocate or reassign people who were maybe in less critical areas to maybe provide more support to the more essential functions so that they were able to get some relief so they could go home and take care of children, etc. Mr. O'Donnell stated we have not had to do that yet; there have been some, for example someone that works in Parks and Recreation who is working in Building Permits answering the phones, so there has been some reallocation, but not to back up the emergency services staff. We are looking for those opportunities and we also do telephone calls with about 27 different departments twice a week to go through how this is working out so we are in constant contact with each other about what our needs are. One of our goals is to try to keep everybody working. Health and safety are first and providing services is second, but we do want to do the best we can to keep people employees. Supervisor Mahoney stated he was just concerned that Chief Simon and Chief Hall's people were worn out and any assistance from other people in the organization would be great. Mr. O'Donnell stated we may see more of that as things develop. March 24, 2020 129 Chief Simon responded they are utilizing some of our County staff from Parks and Recreation Department and our Director in Planning. They do an outstanding job in planning. In our incident management team there is a section called planning, and we have enlisted a number of their staff since their programs are shutdown, they can help us and that has taken a great deal off of us. He has only had to assign one (1) Battalion Chief to that. They are doing an outstanding job. We have allocated a little bit of that at some of the smaller levels. We currently have plans to look at all essential positions and what cross-training those would have so if we got into this for a very long haul, we could be utilizing them. All of that is going on in the incident management model with our planning and our logistics section. We have not had to activate a lot, but we did call our General Service Director, Rob Light. We utilize him for our logistics. There are people in the finance department, Laurie Gearheart, is over finance from an incident management standpoint. So, we are pulling those other individuals because it would be very difficult if it were just Fire and Rescue and Police to manage all of that. Also, a lot of these individuals have some great expertise, they are professionals, and we can utilize them in those key roles and that is what has helped us move the process along. Supervisor North stated certainly who would have thought last October or September that the notebook you passed out would ever have to. be used inside of six (6) months. Prior planning prevents poor performance, so certainly you folks have been doing a great job; proactively. However, he hopes that this never happens, but this could be the calm before the storm in SW Virginia. He thinks the fact that we are rural area bodes well, but it does not mean we should not take precautions that all of us are taking. This point was echoed today on the conference call with Dr. O'Dell. However, have we offered any of our infrastructure or buildings that we are nor longer using that are closed in the area to the Virginia Department of Health or the other healthcare providers like Carilion or Lewis Gale for potential use if needed? Chief Simon responded in the affirmative stating he has had conversations with senior management at Carilion, last week. They actually reached out to us and we talk to them daily almost. We do the same thing with HCA, more so with Carilion. They have done an inventory of all their facilities. We have had detailed conversations with them if they had to do anything with their buildings to reallocate resources or put patient load into other facilities. We have done onsite with them as it relates to the Virginia Department of Health Deputy Chief Campbell was with other agencies today including the Health Department looking at sites where we are going to do drive-in testing eventually in the future. We are doing all of the planning aspects with the Virginia Department of Health and the Virginia Department of Emergency Management. He would like to say, the local governments are leading this. We are on the forefront. The Health Department has been fairly overwhelmed. 1 30 March 24, 2020 Virginia Department of Emergency Management is not the lead agency, but they have been working hand in hand with us. We have reached out to all those avenues and at this time, they have enough, at least the hospital systems have enough internal facilities that they are looking at and they would utilize, but we do have open facilities that we could go ahead and transfer over to them in case of an emergency and we have those through our Incident Management Team. Supervisor North stated he heard just before today's meeting that Carilion has asked for anyone in the area that has supplies to lend to them to let them know. Chief Simon advised we have enough PPE for our personnel and we supplied them to some of our other Departments that are doing direct contact. Currently, the supply chains are slowly starting to move. Rob Light, with logistics, as a number of orders out for cleaning that we are hoping to get in, but we had a nice supply. We were very well prepared, more so than some other jurisdictions throughout the State, based on what they are hearing on these conference calls. Supervisor North stated that today on the Governor's call that the first shipment from the Federal stockpile supply of PPE and masks have arrived in Virginia or is enroute and the next one will arrive next week. Chief Simon advised he was aware. Keep up the good work and don't burn out. Supervisor Hooker applauded the efforts of staff, Chief Simon and we feel safe and in good hands. Thank you. IN RE: NEW BUSINESS 1. Resolution supporting an amendment to the Virginia Freedom of Information Act (FOIA), to further enable public bodies to meet by electronic communication means during times of emergency (Peter Lubeck, County Attorney) Mr. Lubeck outlined the request for resolution. Supervisor North asked if any other local governments thought about enacting something similar with Mr. Lubeck responding it is his understanding that they have. He has been in contact with Eldon James our legislative consultant and he has affirmed that even after the Attorney General's opinion that was issued, he has been in contact with some other local government attorneys and they too are considering moving forward with such a resolution. Mr. Lubeck added that he shared a draft with Mr. James and asked for his permission to share with other local governing bodies and he does expect some to follow. March 24, 2020 131 RESOLUTION 032420-1 SUPPORTING AN AMENDMENT TO THE VIRGINIA FREEDOM OF INFORMATION ACT, TO FURTHER ENABLE PUBLIC BODIES TO MEET BY ELECTRONIC COMMUNICATION MEANS DURING TIMES OF EMERGENCY WHEREAS, Section 2.2-3708.2 of the Virginia Freedom of Information Act presently allows any public body to meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with Section 44-146.17 of the Code of Virginia, provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency ...."; and WHEREAS, Section 2.2-3708.2 does not enable a local governing body to meet by electronic communication means to provide for the orderly and continuing operation of government during times of emergency. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Board encourages the Virginia General Assembly and the Governor of the Commonwealth of Virginia to amend the provisions of the Virginia Freedom of Information Act, to further enable governing bodies to meet by electronic communication means during times of emergency, in order to provide for the orderly and continuing operation of government. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None IN RE: PUBLIC HEARING Ms. Gearheart outlined the request for public hearing. Chairman Radford recessed the meeting from 3:27 p.m. until 3:37 p.m. to allow for citizen comments. Chairman Radford opened and closed the public hearing with no citizen comments. IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $3,020,308 from the Regional Surface Transportation Program for the Roanoke River Greenway through Explore Park (Richard Caywood, Assistant County Administrator) 132 March 24, 2020 Mr. Caywood outlined the ordinance. There was no discussion. ORDINANCE 032420-2 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $3,020,308 FROM THE REGIONAL SURFACE TRANSPORTATION PROGRAM FOR THE ROANOKE RIVER GREENWAY THROUGH EXPLORE PARK WHEREAS, it is a priority to construct the Roanoke River Greenway through Roanoke County; and WHEREAS, the County was awarded Regional Surface Transportation Program (RSTP) grant funds, now named the Surface Transportation Block Grant (STBG), in the amount of $3,020,308 for design and construction of the Roanoke River Greenway through Explore Park; and WHEREAS, the project is locally administered, and certain agreements between the County of Roanoke and the Virginia Department of Transportation (VDOT) must be executed for this cooperative work to be accomplished; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on March 10, 2020, and the second reading was held on March 24, 2020. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the sum of $3,020,308 is accepted and appropriated from RSTP/STBG for the purpose of completing the Roanoke River Greenway through Explore Park. 2. That this ordinance shall take effect upon its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None IN RE: CONSENT AGENDA RESOLUTION 032420-3 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: March 24, 2020 133 That the certain section of the agenda of the Board of Supervisors for March 24, 2020, 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—January 14, 2020; January 28, 2020 2. Resolution encouraging all Roanoke County residents to participate in the 2020 Census On motion of Supervisor North to adopt the resolution, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None RESOLUTION 032420-3.a ENCOURAGING ALL ROANOKE COUNTY RESIDENTS TO PARTICIPATE IN THE 2020 CENSUS WHEREAS, the U.S. Census Bureau is required by Article I, Section 2 of the U.S. Constitution to conduct an accurate count of the population every ten years; and WHEREAS, Federal and State funding is allocated to communities, and part of the basis for receiving these funds relies, in part, on census data; and WEHEREAS, census data also helps determine how many seats each state will have in the U.S. House of Representatives and is used in the redistricting of state legislatures, county boards of supervisors and city councils and voting districts; and WHEREAS, information from the 2020 Census is a vital tool for economic development and increased employment; and WHEREAS, the information collected by the census is confidential and protected by law; and WHEREAS, the decennial census is a huge undertaking that requires cross- sector collaboration and partnership in order to achieve a complete and accurate count; and WHEREAS, the County of Roanoke, in partnership with other local governments, the State, businesses, and community organizations, is committed to ensuring every resident is counted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: that the County of Roanoke encourages all County residents to participate in the 2020 Census, helping to ensure a complete, fair and accurate count. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None 134 March 24, 2020 IN RE: REPORTS Supervisor Mahoney moved to receive and file the following reports. The motion was seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of February 29, 2020 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of February 29, 2020 5. Accounts Paid — February 29, 2020 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of February 29, 2020 The meeting was recessed at 3:41 p.m. to the fourth floor for work session IN RE: WORK SESSIONS 1. Work session to review with the Board of Supervisors the County Administrator's Proposed Fiscal Year 2020-2021 Operating Budget (Laurie Gearheart, Director of Finance and Management Services) Mr. O'Donnell, County Administrator, provided an overview. Laurie Gearheart went through a PowerPoint presentation. Supervisor Radford asked when the business license tax was due with Ms. Gearheart advising March 1st and trickles in through March and we have received the bulk. March 24, 2020 135 Supervisor Mahoney stated he knows we are supposed to talk about 2021, but are there some guesses as to what current year impacts will be. Again, he is assuming worst case and knows we will talk about this later, but if we are looking at the last three (3) months, April, May and June of this year. He figures real estate is coming in. A lot of times if people have a deed of trust or a mortgage, you have to pay in advance and mortgage companies will send that in so it should not be problem. He thinks that a lot of people are going out and buying stuff so maybe the sales tax hit will not be that bad. He is also worried about the current year, the next three months. Ms. Gearheart responded they are trying to analyze this as it comes in and it is kind of late, but they shared with Mr. O'Donnell what our February projections were and this was before all of this hit. We were looking really good; we were thinking we were going to have about $2.1 million excess in revenues. We were not as strong on the expenditures side, but we thought we would have about $500,000 left and that was based on everybody continuing restraint on spending. At this point, we are thinking that $2.1 million excess is probably going to be more like $500,000 and staff is thinking that expenditures, will be about $500,000. Supervisor Mahoney stated with the two (2) month lag in sales tax, the March hit that staff will not know about until the end of May probably will not be that bad. You will only know at the end of June, which is almost too late for us to react. Ms. Gearheart advised that one thing that has helped in the current year, legislation was passed in July and we have been starting to receive sales tax on internet sales that we have never received before. So, we got a little boost, however, because of the way sales tax is remitted to us, we cannot identify how much of an uptick we will see. We are hoping that is going to help a little bit in the current year. Supervisor Peters stated he would also go a step further and think that maybe a little stronger because people are staying home and they are buying more that way. Ms. Gearheart stated the unemployment rate has staff nervous. Supervisor Mahoney stated what he has heard makes him feel a little more confident for current year. The hits won't happen immediately for the County, probably in July or August, but not now. Supervisor North stated the March 13th Kiplinger Letter, before the virus got worse in the United Stated, two weeks later, they indicated 0.2%, which is along the lines of what you mentioned for flat growth for the whole of 2020. The second and third quarters are where we are going to feel the pinch in the growth areas going forward. One of the good things we had going, not only here, but the entire United States is that we had a strong economy, moving along real good. So, if this is a short-lived event, three months, we will still have some fallout bleeding until the second and third quarter, but because we were strong going into it, he thinks the engines of the economy will rev back up a little quicker. Nevertheless, anything that was yesterday's news has to be relooked at today or tomorrow. 136 March 24, 2020 Supervisor North stated with regard to the literature that Mr. Caywood handed out two (2) weeks that we have not had time to digest, indicates that while, and we are seeing this in China and some other parts of the word, things are leveling off, but if you don't maintain the distancing, etc. there will be a second wave. It could be an 18 month transition. Supervisor O'Donnell indicated that staff would probably need to revising budgets every two (2) to three (3) months. Supervisor Radford stated comparing the event we are going through now compared to 2008, did you have to dip into reserves. Ms. Owens stated they did not in 2008, but we made some pretty deep cuts. Additionally, some of the reserves we have today, we did not have in 2008. Supervisor North asked if staff is keeping in touch with Raymond James just a check with Ms. Owens responding we will be sure to do so. Supervisor Peters stated it is important to remember, as he was on a conference call yesterday, we have heard Dr. Fauci and many other talk about flattening the curve so that we do not have the peak, we don't overrun everything. It is going to be a longer process so that we do not overwhelm the hospitals and our emergency folks. A very interesting statement was made in that conference call, everybody is going to get this; it is not something we are going to run from. We are trying to find ways to manage it from a medical standpoint, hoping there will be a vaccine coming online sooner than later. More importantly, we just want to make sure people can start to get back to work once we have leveled this off. We know it is going to continue to drag out for a period of time. He thinks the difference here versus 2008 is that 2008 was a financial crisis. He is now reaching out to his small businesses and asking what can he do for them. We know this is going to be a painful two (2) to three (3) months, what can we do. He thinks that is the difference. Also, we have the stimulus that is going to put money in people's pockets. He thinks it is going to be painful, but he does not think it will be as drastic as some think it may be because there are too many things out there; it is a health issue and not a financial crisis. Supervisor North stated a lot of people are waiting on the stimulus package for a number of reasons. Supervisor Radford reiterated the State mandates June 30th as the date the budget must be approved. Mr. O'Donnell asked Mr. Lubeck, County Attorney, to speak about a penalty. Mr. Lubeck stated there has been a lot of talk about whether there is a penalty and the consensus that Walter Irwin the city attorney for Lynchburg stated that the penalty is the "public shame" so there really is no penalty. Supervisor Peters then stated based on what was just presented, the School funding will be cut. Ms. Gearheart advised in the affirmative stating staff has already let them know we are working towards that. March 24, 2020 137 Mr. O'Donnell advised the Schools budget is based on the estimate, but because of the unknowns we could say if it comes in higher, we could do a true-up, quarterly adjustments. He does not think this is a permanent situation and is thinking of approaching the budget by looking at as many one-time delays that we can. Those cuts are easier to absorb for a one-time hit. Supervisor Peters stated the other part of it is if this is a short-term event, he thinks the revenues will come back stronger than we can imagine. Can you imagine the pent up energy that is homes, right now, today. When they release those people to go out and eat, you won't find a restaurant around here that will have less than a three (3) hour wait. He is not the gloom and doom, but also, he knows it will be painful for probably two months. After that, as long as we are able to shore up the corporations and people know they have a job to go back to, he thinks we will pick back up. Yes, we are going to have a lag in the meanwhile and a cut in revenues, but he is not the doom and gloom saying this is going to be a long-term event. Ms. Gearheart stated that staff has been looking at things and they just want to make sure and be conservative. Supervisor North stated if you were looking at this today on the back of an envelope, you could take probably half of March, April, May as being flat and June showing a little uptick in the second half and come up with what you think a run rate will give you for a number this year. Out of curiosity, as soon as you know that number, he would be interested to see the impact of the current year and he would assume staff would do that in concert with what you are looking at for next year. You have to know what your base is. We used to look at run-rate models, and after the adoption of the budget in January, we began to see the run-rate, what are volumes doing and then you come up with your forecast. That begins to unveil whether you need to cut expenses or put things on hold or freeze. The run-rate is so important. Your point of looking at this on a quarterly basis, taking a snapshot for 12 months based on the latest quarter and then adjusting it makes a lot of sense. 138 March 24, 2020 Supervisor Mahoney stated let's not turn the budget and the appropriation ordinance into a suicide pact. He agrees with Supervisor Peters, he thinks we could adopt the more stringent (Option B), at some point in time, worst case, but the schools are going to need an appropriation to sign contracts. What Roanoke County has always done is an annual appropriation. Under the statute, some jurisdictions can do a monthly appropriation or a quarterly appropriation, so we could do at the end of June a quarterly appropriation to the schools so that they can do what they have to do with their budgets, and if this is a short-term event, maybe in August or September, we come back and do another appropriation when are turning around and getting better. Or, not necessarily another quarterly appropriation, but for the three (3) final quarters of that year. We have to adopt something to get the game started to be able to let the schools issue their contracts and if it requires a quarterly appropriation with the idea and a promise when things get better you are going to get a better appropriation whether it is in September, October or November to get us back to where we hoped we would have been. Again, one of the other avenues of shame, per Mr. Lubeck, schools have to send the budgets to their City Councils and Boards of Supervisors by April 1, 2020, so they have to do something and he knows after listening to Governor Northam, the Superintendent of Education was supposed to get together with all the Superintendents sometime today or tomorrow. They don't know what they are going to do because the General Assembly is coming back on the 22nd of April. Anything that our staff can give us might go out the window when we wake up the morning of April 23, 2020, and we find out what the General Assembly did. So, he understands this is all moving, but at the very least we adopt something and maybe we adopt the very stringent one, we do an appropriation so the teachers can start with their contracts and we all know, hopefully, this is a three- month blip and as the pent up demand comes back, things get better and we will be in good shape. Supervisor Hooker stated she likes the words, "true-up" so that when it happens and hopefully it is positive, then we can make it right. Mr. O'Donnell advised there is a lot of moving parts in the budget, outside agencies, based on per capita that will need to be revisited as well. Ms. Owens, Assistant County Administrator reiterated that a lot of things will depend on what the Governor does. We will need to be patient and work through that over the next couple of weeks. Supervisor Hooker asked if the County had ever done a quarterly type of budget with Ms. Owens advised in the negative and stated what we have done is six- months into the budget, say Social Services, we would do a mid-year appropriation because they spent more and it was not included in the upfront budget. Mr. Caywood, Assistant County Administrator stated one thing regarding the modeling is based on a decreasing level of confidence going forward. He thinks in the next month or so, we will get modeling based on what is probably more reliable data, which will tell us a lot more. March 24, 2020 139 It was the consensus of the Board to bring a revised budget calendar before the Board at the next meeting for consideration. The work session was held from 3:55 p.m. until 4:55 p.m. Chairman Radford called the evening session to order at 7:00 p.m. IN RE: PUBLIC HEARING 1. Public hearing for citizen comments on the Real Estate effective tax rate for calendar year 2020 (Laurie Gearheart, Director of Finance and Management Services) Ms. Gearheart outlined the request for public hearing. Chairman Radford recessed the meeting from 7:03 p.m. until 7:13 p.m. to allow for citizen comments. Chairman Radford opened and closed the public hearing with no citizen comments. IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTIONS 1. Public hearing for citizen comments on the maximum 2020 calendar year tax rates for Real Estate, Personal Property and Machinery and Tools Taxes (Laurie Gearheart, Director of Finance and Management Services) Ms. Gearheart outlined the request for public hearing. Chairman Radford recessed the meeting from 7:14 p.m. until 7:24 p.m. to allow for citizen comments. Chairman Radford opened and closed the public hearing with no citizen comments. 2. Resolutions to set the following maximum tax rates for calendar year 2020 to support this fiscal year 2020-2021 operating budget: (a) Resolution to set the Real Estate maximum tax rate for calendar year 2020; RESOLUTION 032420-4 TO SET THE REAL ESTATE MAXIMUM TAX RATE FOR CALENDAR YEAR 2020 WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021 operating budget; and 140 March 24, 2020 WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 24, 2020 at a regular meeting of the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020 calendar year tax rates on April 14, 2020 following a public hearing for citizen comments. NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke County, Virginia, set the following Real Estate maximum tax rate for calendar year 2020: (A) The Real Estate Tax for calendar year 2020 is set at a rate of not more than $1.09 per$100 of assessed valuation. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None (b) Resolution to set the Personal Property maximum tax rate for calendar year 2020; RESOLUTION 032420-5 TO SET THE PERSONAL PROPERTY ® MAXIMUM TAX RATE FOR CALENDAR YEAR 2020 WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 24, 2020 at a regular meeting of the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020 calendar year tax rates on April 14, 2020 following a public hearing for citizen comments. NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke County, Virginia, set the following Personal Property maximum tax rate for calendar year 2020: (A) The Personal Property Tax for calendar year 2020 is set at a rate of not more than $3.50 per$100 of assessed valuation. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None March 24, 2020 141 (c) Resolution to set the Machinery and Tools maximum tax rate for calendar year 2020 (Laurie Gearheart, Director of Finance and Management Services) RESOLUTION 032420-6 TO SET THE MACHINERY AND TOOLS MAXIMUM TAX RATE FOR CALENDAR YEAR 2020 WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 24, 2020 at a regular meeting of the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020 calendar year tax rates on April 14, 2020 following a public hearing for citizen comments; NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke County, Virginia, set the following Machinery and Tools maximum tax rate for calendar year 2020: (A) The Machinery and Tools Tax for calendar year 2020 is set at a rate of not more than $2.85 per $100 of assessed valuation. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None IN RE: SECOND READINGS OF ORDINANCES 1. The petition of Roanoke Valley Resource Authority to obtain a special use permit for a sanitary landfill on approximately 8.05 acres zoned AG-3, Agricultural/Rural Preserve, District and to amend the special use permit for an existing sanitary landfill (Smith Gap Landfill) on approximately 886.80 acres zoned AG-3S, Agricultural/Rural Preserve, District with a special use permit, located on the northwest side of Fort Lewis Mountain between Smith Gap and Bradshaw Road, Catawba Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson outlined the request for special use permit. 142 March 24, 2020 Supervisor Hooker commented her gratitude to staff for holding a very good meeting early this month. We had a good turn out, there was good discussion and some commentary there that we continue to address. She wanted to thank staff publicly for everything they did. She is looking forward to additional information coming in the future that we will share in a like manner. Thank you for your good work. Mr. Thompson reiterated this action just allows the use of the right-of-way and the existing landfill to co-exist. It has nothing to do with the mode of transportation, which will be decided by the RVRA Board at some future date. The County and the RVRA Board are doing certain studies and once that information becomes available, another community meeting will be held to share that information with the citizens. Supervisor Radford advised that he was able to attend that meeting and he really appreciates Mr. Thompson's staff and Supervisor Hooker also did a very good job engaging the citizens. He thought it was a really well attended meeting and there were some tough questions that we discussed and thinks we had a good meeting after the meeting too with smaller groups. He appreciates the effort that was put into that. Supervisor Mahoney stated in his prior life, 30 years ago, he worked with Mr. John Hubbard to help draft and develop a lot of the provisions that we are talking about here tonight. He recalled the concerns of the citizens on Bradshaw Road and the citizens in Catawba. It was the intent of the County to try to meet those concerns and to limit, or restrict, the use of trucks on Bradshaw Road. This action, while he understands the concerns and fears of many of the citizens out there, as Mr. Thompson indicated, this is really just talking about a transportation corridor. It is not making a final decision as to what that transportation may involve. He stated he thinks by having this transportation corridor, it will truly alleviate the fears and concerns of many of the people on Bradshaw Road, because whether it is trucks or rail, the trash is going to be moved on that transportation corridor and not on Bradshaw. This is a very good step. The County has gone through a very long process. We have heard the citizens; we have listened to them. He thinks this is an excellent solution and thinks it is a positive solution and it still goes forward to protecting the citizens on Bradshaw Road and thinks it fulfills the larger goals of what the County was attempting to accomplish to achieve a most cost effective, reliable and environmentally responsible course of action. He believes this action fulfills those objectives. He thanked the citizens, staff and the Authority. He thinks this is a very good approach and thinks it is a positive approach. ORDINANCE 032420-7 GRANTING A SPECIAL USE PERMIT TO ROANOKE VALLEY RESOURCE AUTHORITY FOR A SANITARY LANDFILL ON APPROXIMATELY 8.05 ACRES ZONED AG-3 (AGRICULTURAL/ RURAL PRESERVE DISTRICT) LOCATED AT 8765 WILLIBY ROAD (TAX MAP NO. 052.00-01- 02.08-0000), CATAWBA MAGISTERIAL DISTRICT AND March 24, 2020 143 AMENDING THE SPECIAL USE PERMIT CONDITIONS FOR AN EXISTING SANITARY LANDFILL (SMITH GAP LANDFILL) ON APPROXIMATELY 878.75 ACRES . ZONED AG-3S (AGRICULTURAL/RURAL PRESERVE DISTRICT WITH A SPECIAL USE PERMIT), AND INCORPORATING THE NEW 8.05 ACRES FOR A TOTAL ACREAGE OF 886.80 ACRES, LOCATED ON THE NORTHWEST SIDE OF FORT LEWIS MOUNTAIN BETWEEN SMITH GAP AND BRADSHAW ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Roanoke Valley Resource Authority ("RVRA") operates a sanitary landfill at Smith Gap Landfill, under a special exception permit/special use permit ("SUP") granted by the Roanoke County Board of Supervisors in 1989, amended in 1991, and amended in 1993; the SUP presently allows operation of the Smith Gap Landfill on the following parcels: TAX MAP NO. PROPERTY ADDRESS ACREAGE SUBJECT TO THE SUP 041.00-01-14.00-0000 0 Bradshaw Rd. 34.85 042.00-01-08.00-0000 0 Bradshaw Rd. 225.15 052.00-01-02.00-0000 8484 Bradshaw Rd. 91.89 053.00-01-08.00-0000 0 Dow Hollow Rd. 526.86 878.75 ACRES TOTAL WHEREAS, Norfolk Southern Railroad Corporation ("NSC") conveyed 8.05 acres of land, located at 8765 Williby Road (Tax Map No. 052.00-01-02.08-0000) to the RVRA on February 13, 2019; and WHEREAS, RVRA has petitioned for an SUP for a sanitary landfill for these 8.05 acres; and WHEREAS, the RVRA has also petitioned to amend the existing SUP by deleting the reference to and incorporation of the "amended landfill permit conditions and operating policies" referenced in the 1991 Special Use Permit Resolution; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2019 and subsequently recommended approval of the petition; and WHEREAS, the first reading of this ordinance was held on October 22, 2019, and the second reading and public hearing were held November 19, 2019. Following the public hearing, the Board continued the matter until March 24, 2020 for further consideration; and WHEREAS, legal notice and advertisement has been provided as required by law. 144 March 24, 2020 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the reference to the "amended landfill permit conditions and operating policies" referenced in the 1991 Special Use Permit Resolution is now HEREBY REMOVED; the "amended landfill permit conditions and operating policies" are no longer incorporated into the Smith Gap Landfill SUP by reference. 2. The Board finds that the RVRA operational priorities associated with the Smith Gap Landfill are as follows: protection of the environment of the Roanoke Valley Service Area; protection or extension of the useful life of the landfill; protection of the interests of the residents of the landfill host community; protection of the interests of the residents along the Transportation Corridor; minimization of landfill operating costs; and minimization of landfill tipping fees. 3. The special use permit for a sanitary landfill on the 8.05 acre parcel located at 8765 Williby Road (Tax Map No. 052.00-01-02.08-0000) is granted, and the following conditions shall apply to the special use permit for 8.05 acre parcel and the 878.75 acres for the existing sanitary landfill (886.80 total acres): a. Access: Primary access to the Smith Gap Landfill for the delivery of municipal solid waste shall be along the Transportation Corridor (previously known as the Rail Corridor). In the event the primary access is unavailable for two or more business days, the Roanoke Valley Resource Authority (or subsequent owners) will make reasonable efforts to transport all municipal solid waste to one or more fully permitted third-party sanitary landfills until such time as the primary access can be resumed. In the event that the Roanoke Valley Resource Authority (or subsequent owners) cannot through reasonable efforts contract for sufficient immediate transportation services to transport municipal solid waste to third party landfills, and until sufficient services can be obtained, Bradshaw Road will serve as the secondary access for the delivery of municipal solid waste to the landfill. b. Conversion: If the Transportation Corridor is converted from rail to a road, then all municipal solid waste will be transported to third party landfills during construction of this conversion. c. Types of Waste: Only properly approved waste may be accepted, with the main objective always being to safely dispose of materials and prolong the useful life of the landfill. Wastes designated as "special wastes" shall be disposed of in accordance with current waste management regulations. No hazardous waste will be allowed at any time during the entire life of the landfill. d. Operating Hours: Normal working hours shall be as follows: Delivery of Waste by Authorized Vehicle — Monday through Friday from 7:00 a.m. to 5:00 p.m., Saturday from 7:00 a.m. to 3:30 p.m.; Delivery of Waste by Rail — Monday through Saturday from 10:00 a.m. — 12:00 a.m.; Operation of all equipment — Monday through Friday from 7:00 a.m. to 8:00 p.m., Saturday from 7:00 a.m. to 6:30 p.m. March 24, 2020 145 e. Emergency Operations: Emergency operations shall allow for extended hours on all days and Sundays whenever an emergency has been duly declared by the County Administrator of Roanoke County or his/her designee. Circumstances for Emergency Operations include, but are not limited to, natural disasters or short-term (less than 2 days), temporary operating interruptions resulting from equipment failure or contract service interruptions. Emergency operations may require use of third-party landfills or use of secondary access to the Smith Gap Landfill (Bradshaw Road). f. Noise: Noise levels may not exceed the following limits: 80 db (decibels) at landfill site borders; 65 db (decibels) at surrounding residences. g. Dust: Dust shall be controlled in accordance with the landfill's state solid waste facility permit. Problem areas arising during dry seasons will be controlled with water. Access roads should be cleaned and dust controlled with water if excessive amounts of dust are generated. h. Odors: Odors shall be controlled in accordance with the landfill's state solid waste facility permit. If problem odors exist that adversely impact surrounding residents, deodorizing agents may be used. All holding tanks for leachate collection systems shall be in enclosed structures. i. Lighting: Sufficient lighting must be maintained at all times to facilitate normal operations and to provide adequate security over the landfill site. All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. Lighting shall be limited to fixtures attached to buildings as necessary for security and operations and freestanding poles of not more than 16 feet in height. j. Pests. A bonded, licensed pest control company will be retained throughout the active life of the landfill to provide preventive inspections and treatments. Adjoining property owners who incur pest problems that are proven to be directly related to the landfill operation must be provided proper extermination at the landfill owner's expense. k. Citizen Complaints: A telephone number will be, provided for use of surrounding residents including those in the Transportation Corridor to call in complaints (noise, dust, odor, pests, or other issues). These calls will be recorded/logged and corrective actions documented. The complaint log shall be open to public inspection. 1. Active Fill Areas: The active fill areas of the landfill shall comply with the landfill's state solid waste facility permit. Fill areas should be designed as far as practical from adjoining properties to provide maximum buffering, and in no case should extend within 100 feet of the landfill boundary line. m. Monitoring: The Virginia Department of Environmental Quality conducts inspections during the year to ensure compliance with the landfill's state solid waste facility permit. Any violations shall be reported and made public 146 March 24, 2020 111 information. The Roanoke Valley Resource Authority (or subsequent owner) shall take whatever steps are necessary to immediately correct any violation. n. Screening and Buffering: i. The following buffer yard and plantings shall be established around the perimeter of the landfill property, except adjacent to an existing residential property or private right-of-way. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow within the buffer yard. 50-foot buffer yard with three large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, five large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, and seven small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. ii. In areas adjacent to an existing residential property or public or private right-of-way, the following shall be established and maintained around the perimeter of the landfill property. Trees shall be planted in three separate rows or in clusters, where natural . land characteristics allow with the buffer yard. 100-foot buffer yard with six large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, ten large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, and fifteen small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. iii. Buffer yards may only be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that the total width of the buffer is maintained and all other requirements and conditions are met. iv. Buildings, active landfill areas, equipment storage areas and other facilities shall be landscaped in such a manner as to enhance (but not necessarily screen) the visual appearance from adjoining properties. o. Site Security: All facilities shall be surrounded on all sides by natural barriers, fencing, or an equivalent means of controlling vehicles access and preventing illegal disposal. All access will be limited by gates, and such gates shall be securable and equipped with locks. All fencing utilized at the facility shall be adequate to control unauthorized access. Gates shall be at the main entrance as well as the entrance to additional service areas. Access to a solid waste disposal facility (landfill) shall be permitted only when an attendant is on duty and only during operating hours, unless otherwise specified in the facility permit, such as for rail delivery of waste. Each solid waste disposal facility should be provided with an adequately lighted and heated shelter where operating personnel can March 24, 2020 147 exercise site control and have access to essential sanitation facilities. Lighting, heat and sanitation facilities may be provided by portable equipment, as necessary. Dusk to dawn lights may be placed around buildings and at each of the security gates. All sanitary landfills will be equipped with permanent or mobile telephone or radio communications. The main security gate should be able to communicate with all necessary areas of the landfill. The operator is responsible for safety hazards to operating personnel through an active safety program. Security rules and regulations shall be posted at each gate. Security guard of landfill personnel shall be on site 24 hours each day. All vehicle access points to the Transportation Corridor shall be properly gated, with lock, and shall be posted with "No Trespassing" signs. Signs will also be posted at intervals along the Transportation Corridor. p. Fire Protection and Public Water: Fire protection for the site shall be provided on site with adequate storage, distribution, and hydrants to properly extinguish fires. The system shall be designed as a potable water system. The system shall be designed to serve all on-site water needs as well as being capable of serving adjoining properties. Expansion of the water supply system, 111 except when groundwater contamination has been documented, shall be prohibited without prior review for consistency with the Comprehensive Plan. q. RVRA Policies: RVRA shall develop and maintain policies associated with the operation of the Smith Gap Landfill. Policies shall include, but not be limited to, the following: groundwater protection, property value protection, appeals, landfill ownership, landfill users, access, hazardous waste collection, and host community fund. 4. The Board finds that the granting of and amendments to the SUPs, as set forth in this ordinance, are substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the Code of Virginia, as amended, that they shall have a minimum adverse impact on the surrounding neighborhood or community, and the Board further finds that it has given due consideration to the factors set forth in Section 30-19-1 of the Roanoke County Code. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 148 March 24, 2020 Supervisor Hooker thanked everyone in the community who is engaged in helping others at this time in this critical time of the pandemic. School bus drivers, school cafeteria workers, health-care works and providers, Roanoke County staff being here tonight and continue to meet citizen needs in spite of the current situation. Thank you for helping to continue these needed services. It is outstanding to be able to work with you. Also, she wanted to say to all citizens at large, check on your neighbor, check on those around you and make sure they are okay. Be positive and kind and pray for this pandemic to run a short course. We will get through this together. Supervisor North commented first thanks to Jill Loope and Tom Rowley and economic development who have been sharing his notes from last week with local businesses and helping them with the challenges they face with this enemy known as coronavirus. County Staff led by Dan O'Donnell and administration, and emergency efforts coordinated by Fire Chief Steve Simon has done a good job talking with our other regional governments and taking the lead in those conversations and for implementing the emergency plans for our County and employees. Thanks also to Amy Whitaker and our public information team for its communication in a short while to the press, additions to our internet page and arranging the conference call today with Dr. Molly O'Dell, Virginia Dept. of Health District Director for our area. Dr. Ken Nicely, Superintendent of Roanoke County Schools is to be commended for all their efforts in providing lunches and lesson plans for students and the plans that lay ahead of us. Also to our Governor for his daily briefings and encouragement. He understands there will be one tomorrow and then they will be on Mondays, Wednesdays and Fridays after that We do not know what tomorrow or the next few weeks or months will bring or will hold for us, but we do know this, the resiliency of the American spirit will prevail and shine thru the days ahead. May God bless all and Roanoke County. Supervisor Peters asked simply for us to pray, we are facing something that none of us have faced in our lifetime. He thinks we need to pray for the families that are affected by this, the people who have lost loved ones. Let's pray for our doctors, nurses, and the virus taskforce in Washington who are currently working around the clock to find a way to offset this pandemic. He prays for our Congress so they can get their act together; so they can be there for the American people. Also, pray for the first responders who are going into those homes; they don't know what they are walking into. Our police officers and everybody that is involved on the main streets of Roanoke County; they are walking into the unknown. They are the first line of defense when it comes to this and so many of those will be subjected to this, be quarantined and hopefully will not test positive for it. Just pray. Supervisor Radford reminded everybody that is homebound, you should have received your census 2020 in the mail. Just a reminder, if you have internet, do onto the website, enter your code and information. He did it last week and it only takes five (5) minutes. He did read on the bottom of the notice, that if you do not have internet, they will mail you a paper copy; you will be receiving that in the mail. Secondly, just a reminder, we have heard this a lot in the last week and a half, the CDC March 24, 2020 149 guidelines that you wash your hands often and avoid touching your eyes, nose and mouth. Wash with soap and water for at least 20 seconds and use your hand sanitizer if soap and water are unavailable. Clean and disinfect touch objects, surfaces such as door handles, keyboards and countertops often. He reminds everybody of this because he is married to a nurse and she will feel very proud that he is talking about this, but it is a serious matter that we need to address. He has elderly parents and wish them continued good health and everybody that can get a chance walk around, this is the time to do it. IN RE: ADJOURNMENT Chairman Radford adjourned the meeting at 7:44 p.m. Submitted by: Approved by: 1� Deborah C. Jacks avid F. Radford Chief Deputy Clerk to the Board Chairman 150 March 24, 2020 PAGE LEFT BLANK INTENTIONALLY