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HomeMy WebLinkAbout6/9/2015 - RegularRoanoke County Board of Supervisors INVOCATION: Pastor Ken Nienke Fellowship Community Church June 9, 2015 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda June 9, 2015 Good afternoon and welcome to our meeting for June 9, 2015. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS 1. Briefing to update the Board of Supervisors on the Roanoke County Pipeline Advisory Committee (PAC) (Richard L. Caywood, Assistant County Administrator; Roberta Bondurant, Vice -Chairman, Roanoke County Pipeline Advisory Committee; Ruth Ellen Kuhnel, Senior Assistant County Attorney) E. NEW BUSINESS 1. Resolution affirming the Roanoke County Pipeline Advisory Committee's recommended comments to the Federal Energy Regulatory Commission (FERC) for the scoping process of the Mountain Valley Pipeline (Richard L. Caywood, Assistant County Administrator; Roberta Bondurant, Vice Chairman, Roanoke County Pipeline Advisory Committee) Page 2 of 5 2. Resolution approving the execution of a contract among the Counties of Franklin, Henry and Roanoke and the Cities of Martinsville and Roanoke and The Interstate 73 Coalition, LLC for pursuit of construction of Interstate 73 in the Commonwealth of Virginia (Thomas C. Gates, County Administrator) 3. Resolution encouraging the political parties to choose an alternative method for selecting candidates for public office other than a primary election; waiving Roanoke County fees for use of public facilities for such alternative method (Paul M. Mahoney, County Attorney) F. FIRST READING OF ORDINANCES Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia (Paul M. Mahoney, County Attorney) 2. Ordinance to approve Amendment No. 1 to an intergovernmental agreement for the Workforce Investment Area III Chief Local Elected Officials Charter Agreement (Thomas C. Gates, County Administrator; Jake Gilmer, Director of Partnerships and Development, Roanoke Valley -Allegheny Regional Commission) 3. Ordinance authorizing the vacation of an existing twelve foot (12') public utility easement located along the side property line on the property of James Barry Echols (lot 29) and Richard G. and Shelia B. Huffman (lot 30), block 11, section 3 of Beverly Heights North (plat book 8, page 16) tax map numbers 044.03-03-41.00-0000 and 044.03-03-42.00-0000), Catawba Magisterial District (Tarek Moneir, Deputy Director of Development) G. SECOND READING OF ORDINANCES Ordinance of the Board of Supervisors of the County of Roanoke, Virginia providing for the Economic Development Authority of the County of Roanoke, Virginia to issue Lease Revenue Refunding Bonds to refund outstanding Lease Revenue Bonds (Public Facility Projects), Series 2008 (Rebecca Owens, Director of Finance) H. PUBLIC HEARING AND ADOPTION OF RESOLUTION Resolution approving the Secondary Roads System Six -Year Improvement Plan for fiscal years 2016 through 2021, and the Construction Priority List and Estimated Allocations for fiscal year 2016 (Philip Thompson, Deputy Director of Planning) Page 3 of 5 I. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Clean Valley Counsel (At Large) 3. Economic Development Authority (appointed by District) 4. Parks, Recreation and Tourism Advisory Commission (appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — May 12, 2015 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Linda Bolen, Records Technician II, upon her retirement after more than thirty-three (33) years of service 3. Request to approve the Fiscal Agent Agreement with the Regional Center for Animal Control and Protection 4. Confirmation of appointment to the Board of Zoning Appeals (appointed by District) K. CITIZENS' COMMENTS AND COMMUNICATIONS L. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt Page 4 of 5 M. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph B. "Butch" Church 2. Joseph P. McNamara 3. Charlotte A. Moore 4. Al Bedrosian 5. P. Jason Peters N. WORK SESSIONS Work session to discuss the Western Virginia Regional Industrial Facility Authority Site Study Results (Beth Doughty, Executive Director, Roanoke Regional Partnership) 2. Work session to discuss Roanoke County's Legislative Program and preparation for the 2016 session of the Virginia General Assembly (Paul M. Mahoney, County Attorney) O. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. D-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 9, 2015 Briefing to update the Board of Supervisors on the Roanoke County Pipeline Advisory Committee (PAC) Richard L. Caywood Assistant County Administrator Thomas C. Gates County Administrator Roberta Bondurant Vice Chairman, Pipeline Advisory Committee COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff and representatives of the Pipeline Advisory Committee will brief the Board of Supervisors regarding the proposed Mountain Valley Pipeline project. Issues to be covered include the following: 1. Activities since the April 28, 2015 Board briefing 2. Survey Access issues 3. Website / GIS Map demonstration 4. Blasting Plan 5. Upcoming FERC deadline for scoping comments and future opportunities for public input 6. Recommendations to the Board of Supervisors from the Pipeline Advisory Committee 7. A resolution affirming the Pipeline Advisory Committees' recommended comments to the FERC for the scoping process will be considered after the briefing Page 1 of 1 4--J O L O roO m O 4--J Q 0 tZ0 Ln ^ L J E a --j Ca O 4-0 (n O .Ln> Q) E O V CSA bna--+ Q) • — C::3 0-0- O i '� O O .� Q) E U U Lr) (1) • — ca -0p� ° Q) o irq `� °° LnE 0o w E -0 �`� O E • — Ln— cn � O • — cn ca Ln U cn (� -0Q L � O a -j U � O UU ca-+ cn • ' Ln O C:_0 Ln 0 4-0E E _ Ln • - cn • — CU -0 E _0 4-0 E Ln U U Q U 0 tZ0 i ro L CD O � � Ln +� O CD CTC OO w C: Q >' .- _ bz W U U •� ,E -32�� • — `� o C: C: -0 m CU tw Q •— �= .�i U �� � o bD > •- _ Q txo U i •N •� 6— u— E O co 4-j -C •- • _ � CSA � � � U ca O U U •� 75;. 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Percina rex, Roanoke Logperch is an Endangered species found in the Roanoke River that will be impacted directly by disturbance during construction and chronically by increased siltation following construction. htlp://ecos.fws.gov/s/speciesProfile/profile/speciesProfile.action?spcode=E01 G 2. Noturus gilberti, Orangefin Madtom is a Threatened species found in the Roanoke River that will be impacted directly by disturbance during construction and chronically by increased siltation following construction. http://www.d ig fvir ig nia.gov/wildlife/virginiatescspecies.pdf 3. Clemmys muhlenbergii, Bog Turtle is a Threatened species inhabiting the high elevation wetlands of Bent Mountain in Floyd, Roanoke and Franklin Counties. It will be directly impacted during construction and will continue to be impacted by the altered hydrology of the wetlands after construction. http://ecos.fws.gov/speciesProfile/profile/speciesProfispeciesProfile/profile/speciesProfile.action?spcode=C048 4. Glaucomys sabrinus, Northern Flying Squirrel is an Endangered species inhabiting the forests of Montgomery Co. and may be directly impacted during construction and maintenance of the pipeline. http://www.d ig f.vir ig nia.gov/wildlife/information/?s=050068 5. Myotis sodalis, Indiana Bat is an Endangered species inhabiting the forests of Montgomery Co. and may be directly impacted during construction and maintenance of the pipeline. htlp://www.dgif.virginia.gov/wildlife/information/?s=050023 6. Buckleya distichophylla, Pirate Bush is an Endangered species inhabiting Poor Mountain and will be directly impacted during construction of the pipeline. The Poor Mountain population of the Pirate Bush is the largest known population of the species. htlp://plants.usda.gov/core/Trofile?symbol=BUDI Potential impacts to water resources and wetlands: 1. Spring Hollow Reservoir is the primary drinking water supply for residents of Roanoke County. http://www.westemvawater. org/8525 6a8 d0062af3 7/vwC ontentByKey/N2628RP63 74PL ESEN The proposed pipeline route will pass within 500 feet of the reservoir and the construction area will be well within the drainage are of the reservoir increasing silt loads into the reservoir. 2. Poor Mountain, located in western Roanoke County, is the primary water source for much of the Roanoke Region. Water flows from Poor Mountain in all directions through surface run-off, creeks and small streams such as Bottom Creek, a Virginia Tier III stream used for recreational purposes and home to endangered species, and through underground aquifers throughout the mountain's karst topography. The Poor Mountain watershed is critical to supplying clean water to Roanoke County, and the Cities of Salem and Roanoke, and to rural areas of Montgomery and Henry Counties. The entire 40 river miles reach of the Roanoke River downstream of crossing of proposed pipeline and above Smith Mountain Lake is part of the Roanoke River Blueway. http://rvarc.org/blueway Construction and maintenance of the pipeline will increase silt loads into the river causing the water to be muddy creating hazards for canoeists, kayakers, swimmers, tubers, and standup paddle boarders and making the river less aesthetic for users. 4. Bottom Creek is a world class whitewater destination drawing paddlers from around the United States and other countries. Disturbance during construction and maintenance will increase turbidity compromising the safety of paddlers. Flows will be compromised by altering the hydrology of the headwaters. In a recent study in nearby West Virginia, whitewater recreation was found to contribute over $50 million annually to the economy and provide over 1400 jobs within the state. httn://www.americanwhitewater.oriz/content/Wiki/stewardshiD:recreation economics 5. Over 25 miles of Greenway are in the Roanoke Valley primarily along the Roanoke River downstream of the Roanoke River crossing of the proposed pipeline. http://roanokevalley.org_/pro rg ess/ Over $20 million have been spent constructing these Greenways to enhance the quality of life for the residents of the Roanoke Valley. Construction and maintenance of the pipeline will cause the water along these Greenways to be muddy compromising the experience of Greenway users. 6. The proposed pipeline route traverses native Brook Trout streams on Bent Mountain and crosses the Roanoke River just upstream of the VDGIF trout fishery in Salem and Roanoke. http://www.d igif.vir iginia.gov/fishing/trout/area-maps/map3.pdf The United States Fish and Wildlife Service estimates for 2006 indicated that trout fishing contributed >$20 billion to the US economy, created 109,000 jobs, and created >$1.7 billion in tax revenue. htlp://digitalmedia.fws.gov/cdm/ref/collection/document/id/52 Virginia has 800,000 anglers and fishing has contributed $1.3 billion dollars to the VA economy. http://www.d ig f.vir ig nia.gov/fishing/benefits/ 7. In total, outdoor recreation is responsible for 6.1 million American jobs with 138,000 of those in Virginia, and contributes $646 billion to the American economy with $13.6 billion of that in Virginia. Almost 3 times as many Americans work in the outdoor recreation industry as work in the oil and gas industry, and Americans spend more annually on outdoor recreation than they do on all forms of energy combined. htlp://outdoorindusla.org/advocacy/recreation/economy.html 8. Vegetation: The high and steep slopes of Poor Mountain are characterized by oaks, hickories, table mountain pine and a unique stand of sugar maple reminiscent of New England forests. The ericaceous understory consists of azaleas, mountain laurel, doghobble and rhododendron. The cove hardwood community includes tulip poplars, cucumbers and Fraser magnolias. The alder -leafed viburnum, common to northern forests, inhabits the shrub layer. The Poor Mountain forest is a unique meeting place of the Northern California hemlock and the southern Carolina hemlock, both of which host the globally rare Piratebush. Poor Mountain hosts a remnant population of the American Chestnut, comprised of saplings that have sprouted from adventitious buds on the old roots of original trees whose trunks and limbs were killed in the early 20th century. Scientists interested in restoring the chestnut to the Appalachians anticipate this population may produce offspring with a natural resistance to the fungus that killed the original population. 9. Airborne species: Migrating upon on the isolated ridgetop of Poor Mountain includes 12,000 raptors observed in the 2007 season, and 2700 raptors between September 22nd and 23rd, 2009. Poor Mountain is recognized as a hawk migration site by the hawk Migration Association of North America - the second best hawk migration site in Virginia. 10. There are four tree bat species: the evening, silver -haired, red and hoary, which would inhabit large tracts of Roanoke forest during the warmer months which would migrate south in winter. because it is extremely difficult to do a census of tree bat populations, scientific evaluation of these species requires undertaking before any environmental stressors are introduced to populations already threatened (up to 95% of Vermont bats has been lost to white nose syndrome).Both the Virginia Big `Eared bat and the Indiana bat have been found in Highland and Botetourt County and those counties south of Roanoke— as the migration from hibernacula to summer habitats can range to 320 miles, scientists would conclude that they use the Blue Ridges and surrounding area as migration routes., according to the Virginia Dept. of Game and Inland Fisheries. 11. Other unique species include the Appalachian cottontail, woodland jumping mouse, spotted skunk and the long-tailed shrew, because of its unique habitat, possible residents include rock voles, Allegheny Woodrats, and Northern Flying Squirrels. Potential impact to geology and soils: Poor Mountain, located in western Roanoke County, is the primary water source for much of the Roanoke Region. Water flows from Poor Mountain in all directions through surface run-off, creeks and small streams such as Bottom Creek, a Virginia Tier III stream used for recreational purposes and home to endangered species, and through underground aquifers throughout the mountain's karst topography. The Poor Mountain watershed is critical to supplying clean water to Roanoke County, and the Cities of Salem and Roanoke, and to rural areas of Montgomery and Henry Counties. 2. Poor Mountain, at 2938 feet in elevation, is the highest mountain to Roanoke County, and its peaks and ridges are easily visible from Salem, Roanoke, the Blue Ridge Parkway, Montgomery County, Floyd County, Henry County, Botetourt County, and it is on the ILS6 flight approach to Roanoke — Blacksburg Regional Airport. Due to Poor Mountain's value as a primary watershed, its geography, vegetation and wildlife, vistas and recreational activities, including but not limited to Bottom Creek Gorge, and considering Poor Mountain's natural beauty, the cumulative negative impacts of major construction as would occur with then building of the MVP over Poor Mountain is of great concern to us. 4. Although MVP may view the construction of the pipeline as presenting low potential for harm, the fact remains that we who live here perceive the potential for serious and long- term negative impacts to Poor Mountain and the surrounding Roanoke Valley as inevitable and unacceptable should construction proceed as planned. 5. Many sections of Poor Mountain exceed 50 degrees in slope. Environmental scientists have told us that disturbed soils will not adhere to grades of 50 degrees or greater, which could result in the long term sloughing off of disturbed soils and ground cover within the MVP's large construction corridor. Since Spring Hollow Reservoir and the Roanoke River are at the bottom of the north face of Poor Mountain, our water supply, and the many recreational activities associated with the beautiful Roanoke River would be at great risk. 6. Trenching and blasting across the Poor Mountain watershed could forever disrupt, block and reroute underground aquifers which supply the hundreds of springs and wells which are the only water sources for the many Roanoke citizens who live in the rural communities surrounding Poor Mountain. 7. The cumulative negative and irreversible impacts created by MVP's construction of the pipeline along the currently proposed route over Poor Mountain create conditions we believe are so potentially damaging to Poor Mountain and our community, they are unacceptable to us. We therefor urge MVP to develop an alternative route away from the Poor Mountain watershed. Additionally, we urge the FERC to direct MVP to alter its proposed route to avoid Poor Mountain in Roanoke County. Potential impacts to cultural resources: Potential Environmental Impact of the Mountain Valley Pipeline to Prehistoric Cultural Resources in the Roanoke River Floodplain :l 1. The southern portion of Virginia has been occupied for at least 11,500 years and the Roanoke Valley and surrounding area are a rich source of prehistoric archaeological resources especially along the Roanoke River. 2. The Buzzard Rock (44RN2), Thomas -Sawyer (44RN39), and Graham -White (44RN21) sites are notable examples in the Roanoke River floodplain of Late Woodland settlements (ca. A.D. 900 to 1700); with the latter two sites associated with European trade goods. The proposed Mountain Valley Pipeline corridor is located south of the Thomas -Sawyer site, and the Virginia Department of Historic Resources (DHR) has conducted no archaeological surveys of the Roanoke River basin or its tributaries south of that site. Therefore, as yet undiscovered sites are not in the State Database. 4. Salem DHR Archaeologist, Tom Klatka, estimates that there is a "high probability" of unearthing further evidence of Native American settlements wherever a pipeline corridor might intersect the floodplains of the Roanoke River or its forks. 5. Socially complex Mississippian sites (including temple mounds) have been identified in Southwest Virginia in Lee and Scott Counties, and currently a Paleolithic site is being excavated in the Smith Mountain Lake area. Investigating the extent and range of such occupations could potentially be a focus of future archaeological exploration along the Roanoke River as well as in the mountains (which were the source of lithic materials and game for thousands of years). 6. Many will say that the pipeline excavation will be an opportunity to make new discoveries, but this will be contingent upon careful, unrushed examination of the evidence by experts in this area's prehistory and artifact assemblages not by private out- of-state archaeological surveyors (hired by the pipeline company) who are unfamiliar with Virginia's prehistory—and perhaps in a rush to return to their homes. 7. DHR will be involved, but only in the capacity of reviewing the private surveyor's findings. "DHR will not make site visits," said Tom Klatka. 8. Due to the high likelihood of significant prehistoric sites, Phase III full-scale mitigation (with excavation) should be the anticipated level of archaeological investigation of sites along the Roanoke River – not just Phase I survey or Phase II test pits. Therefore, pipeline engineers must factor this into their schedules and not be assuming one to two year completion dates for the project. Information -rich archaeological features like burials, trash pits, ceramic kilns, and roasting hearths can be lost in one swipe of a bulldozer's blade. 9. The Roanoke River basin bears significant archeological resources that are both finite and fragile. Once disturbed, the history and its lessons are lost if they are not thoroughly investigated at the time that they are unearthed. Potential impacts to socioeconomics: In order to avoid steeper terrain and forest impacts, many sections of the corridor within Roanoke County pass through working farms. Many of these farms have been in single families for generations. 2. Temporary and permanent disruptions to these farming operations may have financial impacts for these families and threaten the continued viability of individual farms. 3. This appears to be a disparate impact on a select group of individuals who are primarily older and lower income than the community as a whole. Potential impacts to air quality and noise: If Alternate 110 is selected it is presumed that there is a high likelihood of a compressor station being located in Roanoke County. If a compressor station is even considered for Roanoke County we believe that the following issues would need to be carefully analyzed: a. A detailed noise analysis that takes into account both topography and tree cover should be performed. This analysis should consider both occupied dwellings and businesses as receptors as well as resource receptors such as the Appalachian Trail, Camp Roanoke, and the Roanoke River etc. as appropriate based on the location under consideration. b. Light pollution needs to be considered and analyzed_ c. Emissions are a specific concern. The Roanoke Valley is essentially a bowl that can trap pollutants. The Roanoke Valley Metropolitan Area is a marginal air quality attainment area that was previously bordering on becoming a non - attainment area. While regional cooperation has helped to maintain attainment area status, additional emitters have the potential to change this. 2. Loss of gas either intentionally through "venting" or unintentionally through leakage is a significant concern. While this concern is most pronounced relative to any potential compressor station, leaking may also occur from the line itself, at valves, or other mechanical connection. Noise impacts during construction area a concern. We would recommend that FERC apply Roanoke County's local noise ordinance to construction activities. Potential impacts to cumulative impacts: 11 1. There are at least three, if not more similar pipeline projects crossing Western Virginia under consideration today. They are the Mountain Valley Pipeline, The Atlantic Coast Pipeline and the Appalachian Connector Project. 2. FERC should require that a comprehensive study be made of the cumulative impact, and purpose and need of these three projects and any similar projects. Potential impacts to public safety: 1. The proposed route of the MVP pipeline, especially alternate 110 is largely located in portions of Roanoke County that are very remote from Fire and Rescue resources. While there are small outlying fire stations that may have reasonable response times to the pipeline, the bulk of the County's response resources are 30 — 45 minutes are farther from much of the proposed alignment. 2. Additional training and equipment along with associated ongoing funding will likely be required to prepare to respond to potential accidents and emergencies associated with the pipeline project. 3. We recommend that the applicant study potential Fire and Rescue impacts and provide required resources to mitigate these impacts. 4. Police resources are likely to be impacted during construction due to the presence of large numbers of temporary workers many of whom, according to MVP's filings, will reside in RVs or other temporary housing. 5. At the end of its useful or economic life, what is the plan for removal of the pipeline? A 42' pipe simply left in situ to rust will eventually create a sunken area 4-5 feet deep where the pipe once existed. This is of particular concern in areas where blasting into bedrock was used as an installation method. This would present both public safety and water quality issues. 6. Several areas of the proposed pipeline are in flood plain areas. How will the pipeline be protected from fast moving mountain streams and rivers? How is related erosion controlled? What impact will construction have on existing water quality and quantity issues? Potential impacts to land use, recreation, and visual resources: 1. The original route crosses Camp Roanoke which is a 700 acre outdoor experience camp operated by Roanoke County. This camp has been in operation since 1925 and elements of the camp may also qualify as historic resources. Recent MVP filings to FERC incorrectly state that the route does not pass through the camp. To the contrary the originally proposed alignment is a few feet away from the manager's cabin. According to MVP, the icon on a Google Earth map was used as the location of the camp which is at the location of the entrance road. This overlooks the fact that the camp is a 700 acre site with numerous features. The offset shown for the alternate alignment 135 is incorrect for the same reason. 2. Alternate 110 directly impacts multiple parcels of the Roanoke Valley Resource Authority which owns and operates the regional landfill at this location off of Bradshaw Road. Not only does alternate 110 cross future expansion area for the landfill, it also crosses the rail yard that is up to 5 tracks in width where trash trains to / from downtown Roanoke are assembled and disassembled. 3. The proposed crossing of the Blue Ridge Parkway is located in an area with prime, historical, farmland. 4. Both the pipeline route itself, and its associated above ground facilities and access roadways will be built on land that within Roanoke County is largely covered by dense forest. Permeant removal of these trees will create visual scars that in many cases are visible for many miles. A comprehensive analysis of the impact of this tree removal should be made with particular emphasis on the Blue Ridge Parkway, E3 20150522-5420 FERC PDR (Unofficial) 5/22/2015 4:09:50 PM 1'rl Mountain Valley Draft Resource Report 6 •l PILI NI . Geologic Resources Docket No. PF15-3 6.6 IMPACTS AND MITIGATION 6.6.1 Construction Impacts and Mitigation The proposed pipeline will be designed and installed in accordance with the U.S. Department of Transportation (USDOT) standards found in 49 CFR Part 192. The proposed pipeline will be designed and constructed to provide adequate protection from washouts, floods, unstable soils, landslides, or other geological hazards that may cause the pipe to move or to sustain abnormal loads. 6.6.1.9 Blasting Blasting may be required in certain areas of shallow bedrock. Where consolidated rock is encountered during construction, MVP's preferred procedure will be to fracture and excavate the bedrock using standard construction equipment. Blasting of bedrock may be required in areas where hard, massive bedrock is not easily removed by conventional excavation methods. An evaluation of shallow bedrock for rippability may be conducted at selected locations where blasting is anticipated. Areas where blasting may be required will be surveyed for features such as structures and utilities. The pre -construction condition of structures and utilities will be documented. If blasting is conducted within 150 feet of an active water well or spring, as necessary, MVP will implement measw-es to protect the water supply (see Resource Report 2). To ensure responsiveness to the concerns of affected landowners, MVP will evaluate landowner complaints or damage associated with blasting to wells, homes, or outbuildings. If damage is substantiated, MVP will negotiate a settlement with the landowner that may include repair or replacement. Where unrippable subsurface rock is encountered, approved alternative methods of excavation will be explored including: rock trenching machines, rock saws, hydraulic rams, jack hammers, or blasting. The alternative method to be used will be dependent on the proximity to: structures, pipelines, wells, utilities, water resources, etc., and the capabilities of the alternative excavation method. Should blasting for ditch excavation be necessary, care will be taken to prevent damage to underground structures (e.g., cables, conduits, and pipelines) or to springs, water wells, or other water sources. Blasting mats or padding will be used as necessary to prevent the scattering of fly rock. All blasting will be conducted during daylight hours and will not begin until occupants of nearby buildings, stores, residences, places of business, and farms have been notified. Where competent bedrock occurs in the stream bed, blasting may be used to reduce bedrock so that the trench can be excavated. All blasting will be in accordance with the MVP Blasting Plan. Pre- and post- blasting structural surveys will be conducted structures and water supply wells within 150 -feet of the blasting as necessary. The Contractor shall prepare a detailed Blasting Plan for each distinct blasting area and submit it to MVP for approval prior to commencing any blasting activities. The contractor will also be required to apply for and comply with any state or local permitting regulations. No blasting shall be done without prior approval of MVP and proper permitting. In no event shall explosives be used where, in the opinion of MVP, such use will endanger existing facilities. If blasting is conducted within 150 feet of an active water well, as necessary, MVP will conduct a pre - construction evaluation of the well. The well will be tested for yield and water quality. Upon request by a landowner who had a pre -construction test, a post -construction test will be performed. Landowners will be contacted by an MVP representative and a qualified independent contractor will conduct the testing. 6-27 May 2015 20150522--5420 FERC PDF (Unofficial) 5/22/2015 4:09:50 PM 1'1 Mountain Valley) Draft Resource Report 6 - PIPf LIHLl1( Geologic Resources Docket No. PF15-3 MVP will evaluate, on a timely basis, landowner complaints regarding damage resulting from blasting to wells or structures. If the damage is substantiated, MVP will negotiate a settlement with the landowner that may include repair or replacement. 6.6.1.2 Slope Failure, Landsliding, and Subsidence The overall effects of construction and operation of the proposed Project facilities on topography and geology will be minor. Primary impacts will be limited to construction activities and will include temporary disturbance to slopes within the construction right-of-way resulting from grading and trenching operations. MVP will minimize impacts by returning contours to pre -construction conditions to the maximum extent practicable, in accordance withthe FERC's May 2013 version of the Upland Erosion Control, Revegetation, and Maintenance Plan (Plan) and FERC's May 2013 version of the Wetland and Waterbody Construction and Mitigation Procedures (Procedures). This may not be the case at the compressor stations and other associated aboveground facilities, where grading and filling may be required to create a safe and stable land surface to support the permanent aboveground facility. The pipeline route has been sited to avoid steep sidehill slopes to the extent possible. Minor route adjustments may also be made during final design if needed to further minimize sidehill construction, and thereby minimize the likelihood of landslides. Where sidehill construction cannot be avoided, alternate construction methods may be utilized. Measures could involve the use of drainage controls. Drainage control can include, but is not limited to, frequent slope and trench breakers, subsurface gravel or cobble drains, and culverts and drainage ditches to divert water away from the right-of-way. MVP will install permanent trench breakers and permanent slope breakers in areas of steep slopes. Trench breakers are designed to prevent preferential water flow along the pipeline trench by diverting subsurface water flow. Used in combination with slope breakers, these structures prevent subsurface erosion of soils that can lead to slope instability and failure. These techniques and other best management practices are outlined in the typical construction drawings included in Appendix 1-D, Typical Construction Drawings, of Resource Report 1. It is possible that ground subsidence could occur as a result of underground mining. Measures are in place in West Virginia and Virginia that are designed to protect the integrity and service of pipelines in areas where mining takes place. Surface and strip mine operators are required by State and Federal regulations to ensure protection of pipelines during mining activities via notification of activities planned to affected pipeline operators. This notice shall include information such as the location of the mining operation, the mining company contact information, including all relevant engineering and operations personnel and proposed dates of operations. Each company may have a different method of notifying pipeline operators, but all are required to file long-term plans with the appropriate government entity. WVDEP- Division of Mining and Reclamation and Virginia DMME houses the information provided by mine operators for the states of West Virginia and Virginia, respectively. In all cases, the best method of information gathering and activity notification occurs when a relationship exists between the mining company and the pipeline operator. 6.6.1.3 Earthquakes and Liquefaction Overall, compared to more seismically active regions of the United States, the relative risk to pipeline construction and operation presented by earthquake -induced ground motion in the Project area is moderate to low. There is no practical avoidance method for the proposed Project alignment, and based on risk, 6-28 May 2015 20150522-5420 FERC PDF (Unofficial) 5/22/2015 4:09:50 PM Page 49 Table 6-B-1 Depth to Bedrock, by Milepost, MVP Pipeline Virginia Montgome 225.2 33 2.8 Virginia Montgome 225.3 33 2.8 Virginia Montgome 225.4 33 2.8 Virginia Montgome 225.5 33 2.8 Virginia Montgome 225.6 33 2.8 Virginia Montgome 225.7 33 2.8 Virginia Montgome 225.8 33 2.8 Virginia Montgome 225.9 33 2.8 Virginia Montgome 226.0 33 2.8 Virginia Montgome 226.1 33 2.8 Virginia Montgome 226.2 33 2.8 Virginia Montgome 226.3 33 2.8 Virginia Montgome 226.4 33 2.8 Virginia Montgome 226.5 33 2.8 Virginia Montgome 226.6 33 2.8 Virginia Montgome 226.7 33 2.8 Virginia Montgome 226.8 33 2.8 Virginia Montgome 226.9 33 2.8 Virginia Montgome 227.0 33 2.8 Virginia Montgome 227.1 33 2.8 Virginia Montgome 227.2 33 2.8 Virginia Montgome 227.3 33 2.8 Virginia Montgome 227.4 More than 84" More than 7' Virginia Montgome 227.5 More than 84" More than 7' Virginia Montgome 227.6 38 3.2 Virginia Montgome 227.7 38 3.2 Virginia Montgome 227.8 More than 84" More than 7' Virginia Montgome 227.9 More than 84" More than 7' Virginia Montgome 228.0 More than 84" More than 7' Virginia Montgome 228.1 More than 84" More than 7' Virginia Montgome 228.2 More than 84" More than 7' Virginia Montgome 2283 38 3.2 Virginia Montgome 228.4 More than 84" More than 7' Virginia Montgome 228.5 More than 84" More than 7' Virginia Montgome 228.6 More than 84" More than 7' Virginia Montgome 228.7 More than 84" More than 7' Virginia Montgome 228.8 More than 84" More than 7' Virginia Montgome 228.9 More than 84" More than 7' Virginia Montgome 229.0 38 3.2 Virginia Montgome 229.1 38 3.2 Virginia Roanoke 229.2 38 3.2 Virginia Roanoke 229.3 38 3.2 Virginia Roanoke 229.4 38 3.2 Virginia Roanoke 229.5 38 3.2 Virginia Roanoke 229.6 38 3.2 Virginia lRoanoke 229.7 38 1 3.2 Virginia IRoanoke 1 229.8 1 38 1 3.2 Page 49 20150522-5420 FERC PDF (Unofficial) 5/22/2015 4:09:50 PM Page 50 Table 6-B-1 Depth to Bedrock, by Milepost, MVP Pipeline Virginia Roanoke 229.9 38 3.2 Virginia Roanoke 230.0 38 3.2 Virginia Roanoke 230.1 38 3.2 Virginia Roanoke 230.2 38 3.2 Virginia Roanoke 230.3 38 3.2 Virginia Roanoke 230.4 38 3.2 Virginia Roanoke 230.5 38 3.2 Virginia Roanoke 230.6 38 3.2 Virginia Roanoke 230.7 38 3.2 Virginia Roanoke 230.8 38 3.2 Virginia Roanoke 230.9 38 3.2 Virginia Roanoke 231.0 38 3.2 Virginia Roanoke 231.1 38 3.2 Virginia Roanoke 231.2 More than 84" More than 7' Virginia Roanoke 231.3 38 3.2 Virginia Roanoke 231.4 38 3.2 Virginia Roanoke 231.5 1 38 3.2 Virginia Roanoke 231.6 76 6.3 Virginia Roanoke 231.7 0 0 Virginia Roanoke 231.8 0 0 Virginia Roanoke 231.9 0 0 Virginia Roanoke 232.0 0 0 Virginia Roanoke 232.1 0 0 Virginia Roanoke 232.2 0 0 Virginia Roanoke 232.3 0 0 Virginia Roanoke 232.4 0 0 Virginia Roanoke 232.5 0 0 Virginia Roanoke 232.6 38 3.2 Virginia Roanoke 232.7 38 3.2 Virginia Roanoke 232.8 38 3.2 Virginia Roanoke 232.9 38 3.2 Virginia Roanoke 233.0 1 0 0 Virginia Roanoke 233.1 76 6.3 Virginia Roanoke 233.2 76 6.3 Virginia Roanoke 233.3 0 0 Virginia Roanoke 233.4 76 6.3 Virginia Roanoke 233.5 76 6.3 Virginia Roanoke 233.6 More than 84" More than 7' Virginia Roanoke 233.7 More than 84" More than 7' Virginia Roanoke 233.8 More than 84" More than 7' Virginia Roanoke 233.9 More than 84" More than 7' Virginia Roanoke 234.0 More than 84" More than 7' Virginia Roanoke 234.1 More than 84" More than 7' Virginia Roanoke 234.2 More than 84" More than 7' Virginia Roanoke 234.3 More than 84" More than 7' Virginia lRoanoke 234.4 More than 84" More than 7' Virginia IRoanoke 234.5 More than 84" More than 7' Page 50 20150522--5420 FERC PDF (Unofficial) 5/22/2015 4:09:50 PM Page 51 Table 6-B-1 Depth to Bedrock, by Milepost, MVP Pipeline Virginia Roanoke 234.6 More than 84" More than 7' Virginia Roanoke 234.7 More than 84" More than 7' Virginia Roanoke 234.8 More than 84" More than 7' Virginia Roanoke 234.9 More than 84" More than 7' Virginia Roanoke 235.0 More than 84" More than 7' Virginia Roanoke 235.1 76 6.3 Virginia Roanoke 235.2 More than 84" More than 7' Virginia Roanoke 235.3 76 6.3 Virginia Roanoke 235.4 More than 84" More than 7' Virginia Roanoke 235.5 More than 84" More than 7' Virginia Roanoke 235.6 More than 84" More than 7' Virginia Roanoke 235.7 More than 84" More than 7' Virginia Roanoke 235.8 More than 84" More than 7' Virginia Roanoke 235.9 More than 84" More than 7' Virginia Roanoke 236.0 More than 84" More than 7' Virginia Roanoke 236.1 More than 84" More than 7' Virginia Roanoke 236.2 More than 84" More than 7' Virginia Roanoke 236.3 More than 84" More than 7' Virginia Roanoke 236.4 More than 84" More than 7' Virginia Roanoke 236.5 More than 84" More than 7' Virginia Roanoke 236.6 More than 84" More than 7' Virginia Roanoke 236.7 More than 84" More than 7' Virginia Roanoke 236.8 More than 84" More than 7' Virginia Roanoke 236.9 More than 84" More than 7' Virginia Roanoke 237.0 More than 84" More than 7' Virginia Roanoke 237.1 More than 84" More than 7' Virginia Roanoke 237.2 More than 84" More than 7' Virginia Roanoke 237.3 More than 84" More than 7' Virginia Roanoke 237.4 More than 84" More than 7' Virginia Roanoke 237.5 More than 84" More than 7' Virginia Roanoke 237.6 More than 84" More than 7' Virginia Roanoke 237.7 More than 84" More than 7' Virginia Roanoke 237.8 More than 84" More than 7' Virginia Roanoke 237.9 More than 84" More than 7' Virginia Roanoke 238.0 More than 84" More than 7' Virginia Roanoke 238.1 More than 84" More than 7' Virginia Roanoke 238.2 More than 84" More than 7' Virginia Roanoke 238.3 More than 84" More than 7' Virginia Roanoke 238.4 More than 84" More than 7' Virginia Roanoke 238.5 More than 84" More than 7' Virginia Roanoke 238.6 More than 84" More than 7' Virginia Franklin 238.7 66 5.5 Virginia Franklin 238.8 66 5.5 Virginia Franklin 238.9 66 5.5 Virginia Franklin 1 239.0 66 5.5 Virginia Franklin 1 239.1 1 More than 84" More than 7' Virginia IFranklin 1 239.2 1 66 5.5 Page 51 20150522-5420 FERC PDF (Unofficial) 5/22/2015 4:09:50 PM 't• -� � �--.'�•N yr tai •' f R yj =ryj tf ' r 4t t�'k Ell •tfiS ; A t _ •..� . `� �� ,may,-_ �.� ` 75 = _ - '�` -",i: �;��"� t Ski '�.. ''r_. •�-�. � _ ; I,�t- �k. rA 410, �'� ,. `yam �' � " `3' , - Y � , ,•'r`"'/. f � _ �*�''��F,•,�, , `F` X� 8 r l�sc -........i } Mountain Valley Pipeline Project NAD 1993UTM IYN 1:72,000 M Mountain Valley Milepost T rireiFN� —Proposed Route Nz Appendix 6-B Bedrock Depth - Minimum 12. , x Depth to Bedrock Surface to 2 feet 2to5feet Page 13 of 16 5 feet or greater 14 May 2015 o3n so•:ca::fsn,, vaMy,llrtcs _ -1 20150604-5043 FERC PDF (Unofficial) 6/4/2015 8:24:39 AM q1 Mountain ValleyPIPELINEuc June 4, 2015 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 Re: Mountain Valley Pipeline, LLC Docket No. PF15-3-000 Monthly Status Report — May 2015 Dear Ms. Bose: 625 Liberty Avenue, Suite 1700 1 Pittsburgh, PA 15222 844 -MVP -TALK I mail@mountainvalleypipeline.info www.mountainvalleypipeline.info Pursuant to Section 157.21(f) (6) of the Commission's rules and regulations, Mountain Valley Pipeline, LLC is submitting for filing in the captioned proceeding its Monthly Status Report for the Mountain Valley Pipeline Project covering the period through May 31, 2015. Note that the tables attached to the report provide information for activities during May, with some additional information for the month of April — previous reports should be consulted for activities conducted in prior months. A copy of this filing is also being provided to Paul Friedman, OEP and to Lavinia DiSanto, Cardno. Should you have any questions regarding this matter, please contact the undersigned by telephone at (412) 395-5540 or by e-mail at pdiehl@eqt.com. Respectfully submitted, Mountain Valley Pipeline, LLC Paul W. Diehl Enclosures cc: Paul Friedman (w/enclosures) Lavinia M. DiSanto, Cardno, Inc. (w/enclosures) 20150604-5043 FERC PDF (Unofficial) 6/4/2015 8:24:39 AM MOUNTAIN VALLEY PIPELINE, LLC FERC Docket No. PF15-3-000 MOUNTAIN VALLEY PIPELINE PROJECT Monthly Status Report Filed 6/4/2015 I. Pipeline a. Land and Civil Surveys i. 80% survey permissions obtained for proposed route ii. 40% survey permissions obtained for alternative routes iii. 75% centerline survey complete for proposed route iv. 9.3% ROW acquired by length v. 90% access roads identified to date, 0% acquired vi. 90% ancillary sites identified to date, 0% acquired b. Environmental i. Stream and Wetland field surveys —65% of the proposed route complete overall ii. Phase I Cultural surveys — 37% of the proposed route complete overall iii. Bats -40% of the proposed route complete overall ■ Mist Net Surveys 15% complete ■ Portal Surveys 57% complete • Three suitable portals located to date that will require fall surveys ■ Habitat Assessment 57% complete iv. Mussels —0% complete ■ Due to weather, access, and protocol changes surveys will begin in June 2015 v. Plants —5% complete ■ Surveys began on Jefferson National Forest Property vi. Aquatics — 0% complete ■ Due to weather and access issues surveys will begin in June 2015 c. Alternatives i. Permission to survey alternative routes is ongoing. Civil and environmental surveys have begun in areas where survey permission has been granted d. Engineering i. Preliminary mainline valve site selection is complete and setting design is on-going ii. Preliminary hydrotest design complete iii. Preliminary PIG Launcher/Receiver design is on-going iv. Preliminary pipe stringing list complete with class locations, high consequence areas, hydrotest requirements, and road/railroad crossings incorporated v. Developing preliminary material lists II. Compressor Stations a. Bradshaw Station —Wetzel County, West Virginia, Harris Station -Braxton County, West Virginia, Stallworth Station - Fayette County, West Virginia, Swann Station - Montgomery County, Virginia (approximate mile post— 2.7, 77.9, 154.4, and 220.5, respectively) 20150604-5043 FERC PDF (Unofficial) 6/4/2015 8:24:39 AM MOUNTAIN VALLEY PIPELINE, LLC FERC Docket No. PF15-3-000 MOUNTAIN VALLEY PIPELINE PROJECT Monthly Status Report Filed 6/4/2015 i. Land - Proposed sites have been identified and survey permission granted for Bradshaw, Harris, and Stallworth Stations. A location for Swann Station is still under review. ii. Environmental — Rare, threatened and endangered species surveys are ongoing. iii. Engineering— Preliminary Compressor Station design on-going ■ Preliminary Compressor Station plot plans and process flow diagrams are complete for Bradshaw ■ Preliminary Compressor Stations plot plans and process flow diagrams are underway for Harris and Stallworth ■ Turbine/compression vendor firm quotes received and are being analyzed ■ Other long -lead equipment firm quotes received and are being analyzed: • Suction separators • Discharge separators • Fuel gas heaters ■ Other long lead time material specifications being developed: • Gas Coolers • Compressor and Auxiliary Buildings ■ Preliminary Compressor station noise modeling study is complete for Bradshaw, Harris and Stallworth , including pre -construction surveys. Noise models will be updated as specific equipment is selected. ■ Preparation work for station geotechnical analyses is underway ■ Preliminary emissions evaluation for the sites has been completed to assist with turbine evaluation. iv. Construction — Bradshaw, Harris, and Stallworth Compressor Stations have been examined for constructability and found acceptable. Site design work is ongoing. Geotechnical analysis for Harris and Stallworth is scheduled for June. 111. Interconnect Facilities a. Mobley Interconnect, Sherwood (MarkWest) Interconnect, WB (Columbia) Interconnect, and Transco Interconnect i. Land — Locations have been identified for Mobley, Sherwood, WB, and Transco Interconnections. Survey permission has been requested. ii. Environmental — Stream and wetland, rare, threatened and endangered species, and cultural surveys are ongoing. iii. Engineering— Preliminary Interconnect Station size and material sizing is on-going. Equipment specs and quotes on-going. ■ Mobley site and footprint requirements identified. Start plot plan and process flow diagrams in June. ■ Sherwood equipment selection and process flow diagrams complete. Plot plan under development. 20150604-5043 FERC PDF (Unofficial) 6/4/2015 8:24:39 AM MOUNTAIN VALLEY PIPELINE, LLC FERC Docket No. PF15-3-000 MOUNTAIN VALLEY PIPELINE PROJECT Monthly Status Report Filed 6/4/2015 ■ WB tap request being developed. ■ Transco tap request has been filed for and site location and footprint requirements being developed. iv. Construction - WB Interconnect site has been identified and examined for constructability and found to be acceptable. Construction continues to work with land to acquire a site for the Mobley Interconnect. IV. Stakeholder Communications a. Government —See attached Table 1 (For April updates and May Only) b. Non -Government Officials - See attached Table 1 (For April updates and May Only) c. Environmental non-government organizations — See attached Table 2 (For April updates and May Only) V. In response to comments received during open houses, scoping meetings, and via the MVP project website/email, a series of four advertorials have been produced and scheduled for rotation in eleven different newspapers that serve the counties along the pipeline route. The advertorial topics and associated run schedule is as follows: a. Safety was published May 3, 2015 —May 19, 2015 b. Karst Topography was published May 20, 2015 —June 10, 2015 c. Ecological Resource Protection will be published from June 10 —June 30, 2015 d. Property Rights will be published from June 30 —July 15, 2015 A Agency Communications a. Agency Meetings — See attached Table 3 (For April updates and May Only) b. In response to the FERC Data Request received March 13, 2015, draft Resource Reports 5, 11, and 12 were submitted on April 10, 2015. Draft Resource Report 10 was submitted on April 14, 2015. Draft Resource Reports 3 and 4 were submitted on April 24, 2015. Draft Resource Reports 2, 6 and 9 were submitted on May 22, 2015 along with draft alignment sheets. c. Bi -weekly phone calls with FERC started on 5/26/15. Calls will be held every other Tuesday at 10:00 am. d. MVP attended FERC Scoping meetings held in West Virginia and Virginia: i. May 4, 2015 —James Monroe High School, Monroe County, WV ii. May 5, 2015 — Eastern Montgomery High School, Montgomery County, VA iii. May 7, 2015 — Chatham High School, Pittsylvania County, VA iv. May 11, 2015 — Robert C. Byrd Center, Wetzel County, WV v. May 12, 2015 — WVU Jackson's Mill, Lewis County, WV vi. May 13, 2015 — Nicholas County High School, Nicholas County, WV V11. Permitting Table a. See attached Table 4 (For April updates and May Only) 20150604-5043 FERC PDF (Unofficial) 6/4/2015 8:24:39 AM Government and Non -Government Stakeholder Communications Table 1 Stakeholder Affiliation Name Title/Position Details and Comments Federal U.S. Senate Tim Kaine U.S. Senator May 1, 2015. Conference call with staff. U.S. Senate Mark Warner U.S. Senator May 1, 2015. Conference call with staff. U.S. Congress Shelley Moore U.S. May 1, 2015. Conference call with staff. Ca ito Congresswoman U.S. Congress Evan Jenkins U.S. Congressman May 1, 2015Spoke with Congressman Jenkins regarding the project. U.S. Congress Alex Mooney U.S. Congressman May 1, 2015. Conference call with staff. U.S. Congress Robert "Bob" U.S. Congressman May 1, 2015. Conference call with staff. Goodlatte May 14, 2014. Met with Chief of Staff, District Director and LD. U.S. Congress Robert Hurt U.S. Congressman May 1, 2015. Conference call with staff. May 14, 2015. Met with Chief of Staff. U.S. Congress Morgan Griffith U.S Congressman May 1, 2015. Conference call with staff. May 6, 2015. Met with Chief Counsel. West Virginia WV Chamber of Commerce Steve Roberts President April 27, 2015. Provided information on WV FERC Scoping Meetings WV State Senate Greg Boso WV State Senator May 21, 2015. Provided project information. West Virginia — Counties Braxton County Commission Gary Ellyson, II President May 4, 2015. Provided information on WV Teresa Frame Commissioner FERC Scoping Meetings Arlene Herndon Commissioner Doddridge County EDA Herk Connor Director May 4, 2015. Provided information on WV FERC Scoping Meetings. Fayette County Delegate Kayla Kessin er Delegate May 1, 2015. Provided project update. Greenbrier County EDC Steve Weir April 27, 2015. Provided information on WV FERC Scoping Meetings and provided project information. Harrison County Commission Ron Watson President May 6, 2015. Provided information on WV Bernie Fazzim Commissioner FERC Scoping Meetings. Michael Commissioner Romano Harrison County EDA Jacqui Tennant May 4, 2015. Provided information on WV FERC Scoping Meetings. Harrison County Administrator William "Willy" County May 6, 2015. Provided information on WV Parker Administrator FERC Scoping Meetings. Harrison County Chamber of Kathy Wagner Executive Director May 4, 2015. Provided information on WV Commerce FERC Scoping Meetings. Greater Bluefield Chamber of Marc Meachum, April 28, 2015. Provided information on Commerce Jr. upcoming WV FERC Scoping Meetings. Lewis County EDA Mike Herron Director May 4, 2015. Provided information on WV FERC Scoping Meetings. 20150604-5043 FERC PDF (Unofficial) 6/4/2015 8:24:39 AM Stakeholder Affiliation Name Title/Position Details and Comments Nicholas County Commission John Miller President May 4, 2015. Provided information on WV Yancy Short Commissioner FERC Scoping Meetings. Ken Altizer Commissioner Summcrsville Area Chamber Mary Spencer May 7, 2015. Provided information on WV of Commerce FERC Scoping Meetings. Summers County Commission Bill Lightner President Jack Woodrum Commissioner May 4, 2015. Provided information on WV Tony Williams Commissioner FERC Scoping Meetings. Webster County Commission Bill Armentrout President May 4, 2015. Provided information on WV Jerry Hamrick Commissioner FERC Scoping Meetimgs. Daniel Dotson Commissioner Webster County EDA Geary Weir Director May 4, 2015. Provided information on WV FERC Scoping Meetings. Wetzel County Commission Don Mason Commissioner Robert Borby Commissioner May 4, 2015. Provided information on WV Lawrence Commissioner FERC Scoping Meetings. "Larry" Lemon Wetzel County Region Don T. Rigby Executive Director May 4, 2015. Provided information on WV Economic Development FERC Scoping Meetings. Wetzel County Chamber of Don Riggenbach President May 4, 2015. Provided information on WV Commerce FERC Scoping Meetings and information on the project. WV Manufacturers April 27, 2015. Provided information on Association WV FERC Scoping Meetings. Virginia Virginia General Assembly Senator Ralph State Senator, Meeting on May 1, 2015. K. Smith Senate District 19 Virginia General Assembly Senator Frank State Senator, Meeting on May 5, 2015. M. Ruff, Jr. Senate District 15 Virginia General Assembly Senator Steve State Senator Meeting on May 5, 2015. Newman Virginia - Counties Roanoke County Richard Assistant County Roanoke County Pipeline Advisory Caywood Administrator Committee Public Meeting on May 4, 2015. Roanoke County Pipeline Advisory Committee Public Meeting on May 18, 2015. Western Virginia Water Gary Robertson Executive Director Meeting on December 18, 2014. Authority Roanoke County Pipeline Advisory Committee meeting on March 16, 2015. Roanoke County Pipelinc Advisory Committee meeting on April 6, 2015. Roanoke County Pipeline Advisory Committee meeting on April 20, 2015. Roanoke County Pipeline Advisory Committee meeting on April 27, 2015. Roanoke County Pipeline Advisory Committee meeting on May 4, 2015. Roanoke County Pipeline Advisory Committee meeting on May 18, 2015. {C3039962.1} 20150604-5043 FERC PDF (Unofficial) 6/4/2015 8:24:39 AM Stakeholder Affiliation Name Title/Position Details and Comments Roanoke Valley Resource Dan Miles Chief Executive Roanoke County Pipeline Advisory Authority Officer Committee meeting on April 27, 2015. Roanoke County Pipeline Advisory Committee meeting on May 4, 2015. Roanoke County Pipeline Advisory Committee meeting on May 18, 2015. Montgomery County Craig Meadows County Phone call on May 18, 2015. Administrator Email on May 19, 2015. Montgomery County Board of Public presentation to Board of Supervisors Supervisors & on May 27, 2015. public Non -Government Organizations Roanoke County Pipeline Advisory Committee Roanoke County Pipeline Advisory Advisory Committee Committee Member Committee meeting on May 4, 2015. Members & Roanoke County Pipeline Advisory General Public Committee meeting on May 18, 2015. Botetourt Kiwanis Club General Presentation to Botetourt Kiwanis Club Membershi members and guests on May 1, 2015. Roanoke Regional Chamber of Joyce Waugh President & CEO Roanoke County Pipeline Advisory Commerce Committee meeting on April 27, 2015. Roanoke County Pipeline Advisory Committee meeting on May 4, 2015. Roanoke County Pipeline Advisory Committee meeting on May 18, 2015. {C3039962.1} 20150604-5043 FERC PDF (Unofficial) 6/4/2015 8:24:39 AM Environmental Non -Government Organizations Stakeholder Communications Table 2 Stakeholder Affiliation Name Details and Comments Virginia Outdoors Foundation Martha Little ** Correspondence between MVP and VOF will (VOF) be reflected in Tables 3 and 4 as VOF is a state Michael Hallock- agency. 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E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: Resolution affirming the Roanoke County Pipeline Advisory Committee's recommended comments to the Federal Energy Regulatory Commission (FERC) for the scoping process of the Mountain Valley Pipeline SUBMITTED BY: Richard Caywood Assistant County Administrator Roberta Bondurant Vice Chairman, Roanoke County Pipeline Advisory Committee APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This resolution affirms the Roanoke County Board of Supervisors acceptance of comments developed by the Roanoke County Pipeline Advisory Committee (PAC) for submission to the Federal Energy Regulatory Commission during the scoping comment period for the Mountain Valley Pipeline project. These comments were developed by the PAC in collaboration with County staff and County citizens with expertise in the relevant subject areas. The deadline for submission of scoping comments to the FERC is June 16, 2015. A copy of the proposed comments is included in the Board packet. An informational presentation will be made by Staff and the PAC to highlight areas of comment. FISCAL IMPACT: This action has no fiscal impact. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approval of this action. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 RESOLUTION AFFIRMING THE ROANOKE COUNTY PIPELINE ADVISORY COMMITTEE'S RECOMMENDED COMMENTS TO THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) FOR THE SCOPING PROCESS OF THE MOUNTAIN VALLEY PIPELINE WHEREAS, the pipeline known as the Mountain Valley Pipeline (MVP) is expected to transport a natural gas supply from the Marcellus and Utica regions to various Southeast United States markets; and WHEREAS, the MVP is governed by the United States Natural Gas Act, which requires a Certificate of Public Convenience and Necessity (CPCN) from the Federal Energy Regulatory Commission (FERC); and WHEREAS, the Roanoke County Board of Supervisors has passed two (2) prior resolutions regarding the Mountain Valley Pipeline; and WHEREAS, those resolutions are hereby incorporated by reference and are known as "Resolution 120914-4 of the Board of Supervisors of the County of Roanoke, Virginia opposing the Mountain Valley Pipeline" adopted December 9, 2014, and "Resolution 042815-5 petitioning the Federal Energy Regulatory Commission to hold an additional scoping public hearing in Roanoke County and to extend the public comment period during the scoping phase for the Mountain Valley Pipeline Project" adopted April 28,2015 -land WHEREAS, the Roanoke County Board of Supervisors created the Pipeline Advisory Committee ("the Committee") by Resolution 031015-1; and WHEREAS, the Committee met on June 1, 2015, and voted to submit additional comments to FERC on its behalf; and Page 1 of 2 WHEREAS, those comments are attached as Exhibit A and titled "Comments from the Pipeline Advisory Committee Recommended for adoption by the Roanoke County Board of Supervisors For submission to the FERC (Federal Energy Regulatory Commission) Mountain Valley Pipeline Project Scoping Comment Period."; and WHEREAS, the Committee seeks approval of those additional comments and their subsequent submission as allowed during the scoping process. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Resolution 120914-4 dated December 9, 2014 is hereby reaffirmed. 2. That the Resolution 042815-5 dated April 28, 2015 is hereby reaffirmed. 3. That the comments of the Roanoke County Pipeline Advisory Committee which are attached as Exhibit A, known as "Comments from the Pipeline Advisory Committee Recommended for adoption by the Roanoke County Board of Supervisors for submission to the FERC (Federal Energy Regulatory Commission) Mountain Valley Pipeline Project Scoping Comment Period" are hereby affirmed. 4. That the County Administrator is hereby directed to file a certified copy of this Resolution along with the attached exhibits with the Federal Energy Regulation Commission by the June 16, 2015 project scoping deadline. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTATION CENTER ON TUESDAY, DECEMBER 9, 2014 RESOLUTION 120914-4 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA OPPOSING THE MOUNTAIN VALLEY PIPELINE WHEREAS, EQT Corporation and NextEra US Gas Assets, LLC ("EQT/NextEra") recently announced the construction of a potential pipeline project; and WHEREAS, the pipeline shall be known as the Mountain Valley Pipeline (MVP) and is expected to transport a natural gas supply from the Marcellus and Utica regions to various Southeast United States markets; and WHEREAS, the MVP is expected to be constructed between Wetzel, West Virginia and Pittsylvania County, Virginia; and WHEREAS, the MVP will be governed by the United States Natural Gas Act, which requires a Certificate of Public Convenience and Necessity (CPCN) from the Federal Energy Regulatory Commission (FERC); and WHEREAS, as currently proposed, the pipeline will be up to forty-two (42) inches in diameter and will require an approximate seventy-five (75) -foot wide permanent easement (with an additional one hundred and twenty-five (125) feet of temporary easement during construction); and WHEREAS, upon information submitted by EQT/NextEra, a possible compressor station or facility may also be located along the pipeline corridor in Roanoke County; and Page 1 of 4 WHEREAS, MVP has initiated the Federal regulatory approval process to construct the pipeline through the FERC's pre -filing review process with the pre -filing of Docket No. PF 15-3-00; and WHEREAS, MVP has presented statements that the engineering aspects will include surveying and evaluating preliminary routing to help determine a final route with the least impact to landowners, cultural resources and the environment; and WHEREAS, MVP sent out letters on September 18, 2014, to affected landowners in Roanoke County stating that the landowner will be contacted by a right-of-way agent to request permission to survey and stake the proposed route; and WHEREAS, the current proposed route includes property owned by Roanoke County, more specifically the Camp Roanoke property (Tax Map No. 083.00-01-16.00- 0000), a longstanding County landmark facility serving our children and youth; and WHEREAS, the Parks, Recreation and Tourism Department of Roanoke County completed an initial map analysis based upon MVP's own maps and determined that the pipeline corridor would be "literally in the backyard of the Manager's Cabin" and all the buildings would be within approximately a 1,200 -foot radius of the corridor'; and WHEREAS, the current proposed route includes properties in the southwestern portions of Roanoke County, within the Poor Mountain and Bent Mountain communities crossing over the line into Franklin County; and WHEREAS, the proposed route of the MVP would traverse the Bent Mountain Community Planning Area and Glenvar Community Planning Area; 1 Quoting, Roanoke County Parks, Recreation and Tourism Department Page 2 of 4 WHEREAS, the proposed route of the MVP would traverse near the Spring Hollow Reservoir, while owned by the Western Virginia Water Authority, is a water source for the region; and WHEREAS, the County's Comprehensive Plan contains vision statements, goals, objectives and implementation strategies on the protection of the County's natural, cultural and scenic resources including the Blue Ridge Parkway and its view sheds, our mountains and ridges, our rivers, streams, floodplains and groundwater, our historic buildings and archaeological sites, and our agricultural, forestall, and rural areas especially in the Bent Mountain and Glenvar Community Planning Areas2; and WHEREAS, the Board of Supervisors opposes the construction of the proposed Mountain Valley Gas Pipeline through Roanoke County, Virginia. NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Roanoke, Virginia hereby opposes the proposed route of the Mountain Valley Gas Pipeline that is included in Mountain Valley Pipeline, LLC's pre -filing request Docket No. PF 15-3-00 with FERC due to the potential adverse impacts to Camp Roanoke and to the Poor Mountain and Bent Mountain Communities, and the Board further asserts that the adverse impacts to the citizens of County of Roanoke and the public at large outweigh the economic benefit, if any, resulting from the burden placed on public and private property by the construction of the Mountain Valley Pipeline. BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Roanoke, Virginia hereby directs the County Administrator, or his designee, to transmit this resolution to FERC for inclusion in pre -filing Docket Number PF 15-3-00. Z See, Roanoke County Comprehensive Plan (Revised 2005) Page 3 of 4 On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Peters, McNamara NAYS: Supervisor Bedrosian A COPY TESTE: Deborah C. Jacks ' Deputy Clerk to the Bb and of Supervisors cc: Daniel R. O'Donnell, Interim County Administrator Paul M. Mahoney, County Attorney Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 2015 RESOLUTION 042815-5 PETITIONING THE FEDERAL ENERGY REGULATORY COMMISSION TO HOLD AN ADDITIONAL SCOPING PUBLIC HEARING IN ROANOKE COUNTY AND TO EXTEND THE PUBLIC COMMENT PERIOD DURING THE SCOPING PHASE FOR THE MOUNTAIN VALLEY PIPELINE PROJECT WHEREAS, the pipeline known as the Mountain Valley Pipeline (MVP) and is expected to transport a natural gas supply from the Marcellus and Utica regions to various Southeast United States markets, and WHEREAS, the MVP is governed by the United States Natural Gas Act, which requires a Certificate of Public Convenience and Necessity (CPCN) from the Federal Energy Regulatory Commission (FERC); and WHEREAS, the FERC process is our region's most viable avenue for influencing the MVP project; and WHEREAS, the Environmental Impact Statement (EIS) is the document that will be the basis of the FERC's decision-making regarding the project; and WHEREAS, FERC has provided four (4) public hearings in sparsely populated areas of West Virginia, but only two in Virginia; and WHEREAS, the Roanoke Valley and New River Valley have by far the greatest population density along the MVP corridor at well over 300,000; yet our region has only been provided one (1) hearing by FERC; and WHEREAS, given that other FERC hearings in Virginia have ended before all citizens have been able to speak; and Page 1 of 3 WHEREAS, while the northern portion of the MVP corridor has been fixed for some time, there has been and continues to be changes to the southern portion of the corridor directly affecting our region; and WHEREAS, the proposed locations for the compressor station in our region is not well defined in Montgomery County and the potential Roanoke County locations have not been defined at all other than vague mile marker locations; and WHEREAS, the Roanoke County Pipeline Advisory Committee (PAC) on April 27, 2015, voted to recommend to the Board of Supervisors that an additional scoping public hearing be held in Roanoke County and that the public comment period during the scoping phase be extended. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Federal Energy Regulatory Commission to hold an additional scoping public hearing in Roanoke County. 2. That the Board further requests a ninety (90) -day extension of the public comment period during the scoping phase, which is due to expire on June 16, 2015, to allow for additional public study and comment regarding the newly -identified alternative routes along the southern portion of the corridor. 3. That the Clerk to the Board forthwith send a certified copy of this Resolution to Senator Mark Warner, Senator Timothy Kaine, Representative Bob Goodlatte, Representative Morgan Griffith and Norman C. Bay, Chairman of the Federal Energy Regulatory Commission. Page 2 of 3 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 COPY TESTE: h C. Jacks Deputy Clerk to the Board of Supervisors cc: Richard L. Caywood, Assistant County Administrator Paul M. Mahoney, County Attorney Senator Mark Warner Senator Timothy Kaine Representative Bob Goodlatte Representative Morgan Griffith Norman C. Bay, Chairman of the Federal Energy Regulatory Commission Page 3of3 Comments from the Pipeline Advisory Committee Recommended for adoption by the Roanoke County Board of Supervisors For submission to the FERC (Federal Energy Regulatory Commission) Mountain Valley Pipeline Project Scoping Comment Period June 9, 2015 Potential impacts to vegetation and wildlife: 1. Percina rex, Roanoke Logperch is an Endangered species found in the Roanoke River that will be impacted directly by disturbance during construction and chronically by increased siltation following construction. htlp://ecos.fws.gov/s/speciesProfile/profile/speciesProfile.action?spcode=E01 G 2. Noturus gilberti, Orangefin Madtom is a Threatened species found in the Roanoke River that will be impacted directly by disturbance during construction and chronically by increased siltation following construction. http://www.d ig fvir ig nia.gov/wildlife/virginiatescspecies.pdf 3. Clemmys muhlenbergii, Bog Turtle is a Threatened species inhabiting the high elevation wetlands of Bent Mountain in Floyd, Roanoke and Franklin Counties. It will be directly impacted during construction and will continue to be impacted by the altered hydrology of the wetlands after construction. http://ecos.fws.gov/speciesProfile/profile/speciesProfispeciesProfile/profile/speciesProfile.action?spcode=C048 4. Glaucomys sabrinus, Northern Flying Squirrel is an Endangered species inhabiting the forests of Montgomery Co. and may be directly impacted during construction and maintenance of the pipeline. http://www.d ig f.vir ig nia.gov/wildlife/information/?s=050068 5. Myotis sodalis, Indiana Bat is an Endangered species inhabiting the forests of Montgomery Co. and may be directly impacted during construction and maintenance of the pipeline. htlp://www.dgif.virginia.gov/wildlife/information/?s=050023 6. Buckleya distichophylla, Pirate Bush is an Endangered species inhabiting Poor Mountain and will be directly impacted during construction of the pipeline. The Poor Mountain population of the Pirate Bush is the largest known population of the species. htlp://plants.usda.gov/core/Trofile?symbol=BUDI Potential impacts to water resources and wetlands: 1. Spring Hollow Reservoir is the primary drinking water supply for residents of Roanoke County. http://www.westemvawater. org/8525 6a8 d0062af3 7/vwC ontentByKey/N2628RP63 74PL ESEN The proposed pipeline route will pass within 500 feet of the reservoir and the construction area will be well within the drainage are of the reservoir increasing silt loads into the reservoir. 2. Poor Mountain, located in western Roanoke County, is the primary water source for much of the Roanoke Region. Water flows from Poor Mountain in all directions through surface run-off, creeks and small streams such as Bottom Creek, a Virginia Tier III stream used for recreational purposes and home to endangered species, and through underground aquifers throughout the mountain's karst topography. The Poor Mountain watershed is critical to supplying clean water to Roanoke County, and the Cities of Salem and Roanoke, and to rural areas of Montgomery and Henry Counties. The entire 40 river miles reach of the Roanoke River downstream of crossing of proposed pipeline and above Smith Mountain Lake is part of the Roanoke River Blueway. http://rvarc.org/blueway Construction and maintenance of the pipeline will increase silt loads into the river causing the water to be muddy creating hazards for canoeists, kayakers, swimmers, tubers, and standup paddle boarders and making the river less aesthetic for users. 4. Bottom Creek is a world class whitewater destination drawing paddlers from around the United States and other countries. Disturbance during construction and maintenance will increase turbidity compromising the safety of paddlers. Flows will be compromised by altering the hydrology of the headwaters. In a recent study in nearby West Virginia, whitewater recreation was found to contribute over $50 million annually to the economy and provide over 1400 jobs within the state. httn://www.americanwhitewater.oriz/content/Wiki/stewardshiD:recreation economics 5. Over 25 miles of Greenway are in the Roanoke Valley primarily along the Roanoke River downstream of the Roanoke River crossing of the proposed pipeline. http://roanokevalley.org_/pro rg ess/ Over $20 million have been spent constructing these Greenways to enhance the quality of life for the residents of the Roanoke Valley. Construction and maintenance of the pipeline will cause the water along these Greenways to be muddy compromising the experience of Greenway users. 6. The proposed pipeline route traverses native Brook Trout streams on Bent Mountain and crosses the Roanoke River just upstream of the VDGIF trout fishery in Salem and Roanoke. http://www.d igif.vir iginia.gov/fishing/trout/area-maps/map3.pdf The United States Fish and Wildlife Service estimates for 2006 indicated that trout fishing contributed >$20 billion to the US economy, created 109,000 jobs, and created >$1.7 billion in tax revenue. htlp://digitalmedia.fws.gov/cdm/ref/collection/document/id/52 Virginia has 800,000 anglers and fishing has contributed $1.3 billion dollars to the VA economy. http://www.d ig f.vir ig nia.gov/fishing/benefits/ 7. In total, outdoor recreation is responsible for 6.1 million American jobs with 138,000 of those in Virginia, and contributes $646 billion to the American economy with $13.6 billion of that in Virginia. Almost 3 times as many Americans work in the outdoor recreation industry as work in the oil and gas industry, and Americans spend more annually on outdoor recreation than they do on all forms of energy combined. htlp://outdoorindusla.org/advocacy/recreation/economy.html 8. Vegetation: The high and steep slopes of Poor Mountain are characterized by oaks, hickories, table mountain pine and a unique stand of sugar maple reminiscent of New England forests. The ericaceous understory consists of azaleas, mountain laurel, doghobble and rhododendron. The cove hardwood community includes tulip poplars, cucumbers and Fraser magnolias. The alder -leafed viburnum, common to northern forests, inhabits the shrub layer. The Poor Mountain forest is a unique meeting place of the Northern California hemlock and the southern Carolina hemlock, both of which host the globally rare Piratebush. Poor Mountain hosts a remnant population of the American Chestnut, comprised of saplings that have sprouted from adventitious buds on the old roots of original trees whose trunks and limbs were killed in the early 20th century. Scientists interested in restoring the chestnut to the Appalachians anticipate this population may produce offspring with a natural resistance to the fungus that killed the original population. 9. Airborne species: Migrating upon on the isolated ridgetop of Poor Mountain includes 12,000 raptors observed in the 2007 season, and 2700 raptors between September 22nd and 23rd, 2009. Poor Mountain is recognized as a hawk migration site by the hawk Migration Association of North America - the second best hawk migration site in Virginia. 10. There are four tree bat species: the evening, silver -haired, red and hoary, which would inhabit large tracts of Roanoke forest during the warmer months which would migrate south in winter. because it is extremely difficult to do a census of tree bat populations, scientific evaluation of these species requires undertaking before any environmental stressors are introduced to populations already threatened (up to 95% of Vermont bats has been lost to white nose syndrome).Both the Virginia Big `Eared bat and the Indiana bat have been found in Highland and Botetourt County and those counties south of Roanoke— as the migration from hibernacula to summer habitats can range to 320 miles, scientists would conclude that they use the Blue Ridges and surrounding area as migration routes., according to the Virginia Dept. of Game and Inland Fisheries. 11. Other unique species include the Appalachian cottontail, woodland jumping mouse, spotted skunk and the long-tailed shrew, because of its unique habitat, possible residents include rock voles, Allegheny Woodrats, and Northern Flying Squirrels. Potential impact to geology and soils: Poor Mountain, located in western Roanoke County, is the primary water source for much of the Roanoke Region. Water flows from Poor Mountain in all directions through surface run-off, creeks and small streams such as Bottom Creek, a Virginia Tier III stream used for recreational purposes and home to endangered species, and through underground aquifers throughout the mountain's karst topography. The Poor Mountain watershed is critical to supplying clean water to Roanoke County, and the Cities of Salem and Roanoke, and to rural areas of Montgomery and Henry Counties. 2. Poor Mountain, at 2938 feet in elevation, is the highest mountain to Roanoke County, and its peaks and ridges are easily visible from Salem, Roanoke, the Blue Ridge Parkway, Montgomery County, Floyd County, Henry County, Botetourt County, and it is on the ILS6 flight approach to Roanoke — Blacksburg Regional Airport. Due to Poor Mountain's value as a primary watershed, its geography, vegetation and wildlife, vistas and recreational activities, including but not limited to Bottom Creek Gorge, and considering Poor Mountain's natural beauty, the cumulative negative impacts of major construction as would occur with then building of the MVP over Poor Mountain is of great concern to us. 4. Although MVP may view the construction of the pipeline as presenting low potential for harm, the fact remains that we who live here perceive the potential for serious and long- term negative impacts to Poor Mountain and the surrounding Roanoke Valley as inevitable and unacceptable should construction proceed as planned. 5. Many sections of Poor Mountain exceed 50 degrees in slope. Environmental scientists have told us that disturbed soils will not adhere to grades of 50 degrees or greater, which could result in the long term sloughing off of disturbed soils and ground cover within the MVP's large construction corridor. Since Spring Hollow Reservoir and the Roanoke River are at the bottom of the north face of Poor Mountain, our water supply, and the many recreational activities associated with the beautiful Roanoke River would be at great risk. 6. Trenching and blasting across the Poor Mountain watershed could forever disrupt, block and reroute underground aquifers which supply the hundreds of springs and wells which are the only water sources for the many Roanoke citizens who live in the rural communities surrounding Poor Mountain. 7. The cumulative negative and irreversible impacts created by MVP's construction of the pipeline along the currently proposed route over Poor Mountain create conditions we believe are so potentially damaging to Poor Mountain and our community, they are unacceptable to us. We therefor urge MVP to develop an alternative route away from the Poor Mountain watershed. Additionally, we urge the FERC to direct MVP to alter its proposed route to avoid Poor Mountain in Roanoke County. Potential impacts to cultural resources: Potential Environmental Impact of the Mountain Valley Pipeline to Prehistoric Cultural Resources in the Roanoke River Floodplain :l 1. The southern portion of Virginia has been occupied for at least 11,500 years and the Roanoke Valley and surrounding area are a rich source of prehistoric archaeological resources especially along the Roanoke River. 2. The Buzzard Rock (44RN2), Thomas -Sawyer (44RN39), and Graham -White (44RN21) sites are notable examples in the Roanoke River floodplain of Late Woodland settlements (ca. A.D. 900 to 1700); with the latter two sites associated with European trade goods. The proposed Mountain Valley Pipeline corridor is located south of the Thomas -Sawyer site, and the Virginia Department of Historic Resources (DHR) has conducted no archaeological surveys of the Roanoke River basin or its tributaries south of that site. Therefore, as yet undiscovered sites are not in the State Database. 4. Salem DHR Archaeologist, Tom Klatka, estimates that there is a "high probability" of unearthing further evidence of Native American settlements wherever a pipeline corridor might intersect the floodplains of the Roanoke River or its forks. 5. Socially complex Mississippian sites (including temple mounds) have been identified in Southwest Virginia in Lee and Scott Counties, and currently a Paleolithic site is being excavated in the Smith Mountain Lake area. Investigating the extent and range of such occupations could potentially be a focus of future archaeological exploration along the Roanoke River as well as in the mountains (which were the source of lithic materials and game for thousands of years). 6. Many will say that the pipeline excavation will be an opportunity to make new discoveries, but this will be contingent upon careful, unrushed examination of the evidence by experts in this area's prehistory and artifact assemblages not by private out- of-state archaeological surveyors (hired by the pipeline company) who are unfamiliar with Virginia's prehistory—and perhaps in a rush to return to their homes. 7. DHR will be involved, but only in the capacity of reviewing the private surveyor's findings. "DHR will not make site visits," said Tom Klatka. 8. Due to the high likelihood of significant prehistoric sites, Phase III full-scale mitigation (with excavation) should be the anticipated level of archaeological investigation of sites along the Roanoke River – not just Phase I survey or Phase II test pits. Therefore, pipeline engineers must factor this into their schedules and not be assuming one to two year completion dates for the project. Information -rich archaeological features like burials, trash pits, ceramic kilns, and roasting hearths can be lost in one swipe of a bulldozer's blade. 9. The Roanoke River basin bears significant archeological resources that are both finite and fragile. Once disturbed, the history and its lessons are lost if they are not thoroughly investigated at the time that they are unearthed. Potential impacts to socioeconomics: In order to avoid steeper terrain and forest impacts, many sections of the corridor within Roanoke County pass through working farms. Many of these farms have been in single families for generations. 2. Temporary and permanent disruptions to these farming operations may have financial impacts for these families and threaten the continued viability of individual farms. 3. This appears to be a disparate impact on a select group of individuals who are primarily older and lower income than the community as a whole. Potential impacts to air quality and noise: If Alternate 110 is selected it is presumed that there is a high likelihood of a compressor station being located in Roanoke County. If a compressor station is even considered for Roanoke County we believe that the following issues would need to be carefully analyzed: a. A detailed noise analysis that takes into account both topography and tree cover should be performed. This analysis should consider both occupied dwellings and businesses as receptors as well as resource receptors such as the Appalachian Trail, Camp Roanoke, and the Roanoke River etc. as appropriate based on the location under consideration. b. Light pollution needs to be considered and analyzed_ c. Emissions are a specific concern. The Roanoke Valley is essentially a bowl that can trap pollutants. The Roanoke Valley Metropolitan Area is a marginal air quality attainment area that was previously bordering on becoming a non - attainment area. While regional cooperation has helped to maintain attainment area status, additional emitters have the potential to change this. 2. Loss of gas either intentionally through "venting" or unintentionally through leakage is a significant concern. While this concern is most pronounced relative to any potential compressor station, leaking may also occur from the line itself, at valves, or other mechanical connection. Noise impacts during construction area a concern. We would recommend that FERC apply Roanoke County's local noise ordinance to construction activities. Potential impacts to cumulative impacts: 11 1. There are at least three, if not more similar pipeline projects crossing Western Virginia under consideration today. They are the Mountain Valley Pipeline, The Atlantic Coast Pipeline and the Appalachian Connector Project. 2. FERC should require that a comprehensive study be made of the cumulative impact, and purpose and need of these three projects and any similar projects. Potential impacts to public safety: 1. The proposed route of the MVP pipeline, especially alternate 110 is largely located in portions of Roanoke County that are very remote from Fire and Rescue resources. While there are small outlying fire stations that may have reasonable response times to the pipeline, the bulk of the County's response resources are 30 — 45 minutes are farther from much of the proposed alignment. 2. Additional training and equipment along with associated ongoing funding will likely be required to prepare to respond to potential accidents and emergencies associated with the pipeline project. 3. We recommend that the applicant study potential Fire and Rescue impacts and provide required resources to mitigate these impacts. 4. Police resources are likely to be impacted during construction due to the presence of large numbers of temporary workers many of whom, according to MVP's filings, will reside in RVs or other temporary housing. 5. At the end of its useful or economic life, what is the plan for removal of the pipeline? A 42' pipe simply left in situ to rust will eventually create a sunken area 4-5 feet deep where the pipe once existed. This is of particular concern in areas where blasting into bedrock was used as an installation method. This would present both public safety and water quality issues. 6. Several areas of the proposed pipeline are in flood plain areas. How will the pipeline be protected from fast moving mountain streams and rivers? How is related erosion controlled? What impact will construction have on existing water quality and quantity issues? Potential impacts to land use, recreation, and visual resources: 1. The original route crosses Camp Roanoke which is a 700 acre outdoor experience camp operated by Roanoke County. This camp has been in operation since 1925 and elements of the camp may also qualify as historic resources. Recent MVP filings to FERC incorrectly state that the route does not pass through the camp. To the contrary the originally proposed alignment is a few feet away from the manager's cabin. According to MVP, the icon on a Google Earth map was used as the location of the camp which is at the location of the entrance road. This overlooks the fact that the camp is a 700 acre site with numerous features. The offset shown for the alternate alignment 135 is incorrect for the same reason. 2. Alternate 110 directly impacts multiple parcels of the Roanoke Valley Resource Authority which owns and operates the regional landfill at this location off of Bradshaw Road. Not only does alternate 110 cross future expansion area for the landfill, it also crosses the rail yard that is up to 5 tracks in width where trash trains to / from downtown Roanoke are assembled and disassembled. 3. The proposed crossing of the Blue Ridge Parkway is located in an area with prime, historical, farmland. 4. Both the pipeline route itself, and its associated above ground facilities and access roadways will be built on land that within Roanoke County is largely covered by dense forest. Permeant removal of these trees will create visual scars that in many cases are visible for many miles. A comprehensive analysis of the impact of this tree removal should be made with particular emphasis on the Blue Ridge Parkway, E3 ACTION NO. ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: Resolution approving the execution of a contract among the Counties of Franklin, Henry and Roanoke and the Cities of Martinsville and Roanoke and The Interstate 73 Coalition, LLC for pursuit of construction of Interstate 73 in the Commonwealth of Virginia SUBMITTED BY: Thomas C. Gates County Administrator APPROVED BY: Thomas G. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This contract authorizes the hiring of a consultant to lobby for Federal and State legislation and funding to construct Interstate 73. The cities of Martinsville and Roanoke and the Counties of Franklin, Henry and Roanoke have negotiated a contract with The Interstate 73 Coalition, LLC to advocate for the construction of Interstate 73. This contract shall be for a term from June 1, 2015, through December 31, 2016. Each of the participating localities shall pay to the Interstate 73 Coalition, LLC a monthly fee for these services. FISCAL IMPACT: Roanoke County's monthly fee shall be $2,000 for a total of $38,000, assuming the entire term of the contract. Funding is available in existing Economic Development account. STAFF RECOMMENDATION: Staff recommends that the Board favorably consider the adoption of the attached resolution approving this contract. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 RESOLUTION APPROVING THE EXECUTION OF A CONTRACT AMONG THE COUNTIES OF FRANKLIN, HENRY AND ROANOKE AND THE CITIES OF MARTINSVILLE AND ROANOKE AND THE INTERSTATE 73 COALITION, LLC FOR PURSUIT OF CONSTRUCTION OF INTERSTATE 73 IN THE COMMONWEALTH OF VIRGINIA WHEREAS, on October 12, 1993, November 22, 1994, and March 24, 1998, the Board adopted resolutions in support of the construction of the proposed Interstate 73 (1-73) north -south interstate connecting Detroit, Michigan to Charleston, South Carolina through the Roanoke Valley; and WHEREAS, on September 8, 1998, the Board of Supervisors of Roanoke County adopted Resolution 090898-1 which reaffirmed its support of the Interstate 581 (1-581) and Route 220 South corridor for the proposed 1-73; and WHEREAS, on December 5, 2000, the Board adopted Resolution 120500-2, which reaffirmed and amended Resolution 090898-1 supporting the 1-581 and Route 220 South corridor for 1-73 through the Roanoke Valley; and WHEREAS, the Commonwealth Transportation Board has previously selected alternative corridors, which generally follow Route 220, the proposed "Smart Highway," and Route 460 to the West Virginia state line west of Narrows as the location for the proposed 1-73 north -south interstate connecting Detroit, Michigan to Charleston, South Carolina; and WHEREAS, 1-73 would link the nation's regions and support economic growth while also addressing safety concerns in south-western Virginia while providing an economic advantage to the Roanoke Valley; and Page 1 of 2 WHEREAS, the Cities of Martinsville and Roanoke and Counties of Franklin, Henry and Roanoke have joined together to hire a consultant to assist them in advocating for Federal and State legislation and funding to construct 1-73. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the contract among the Counties of Franklin, Henry and Roanoke and the Cities of Martinsville and Roanoke and The Interstate 73 Coalition, LLC for pursuit of construction of Interstate 73 in the Commonwealth of Virginia be, and hereby is, approved for execution; and 2. That the County Administrator or his designee is hereby authorized to execute this contract on behalf of Roanoke County, upon such form as approved by the County Attorney. Page 2 of 2 CONTRACT AMONG COUNTY OF FRANKLIN, VIRGINIA, COUNTY OF HENRY, VIRGINIA, COUNTY OF ROANOKE, VIRGINIA, CITY OF MARTINSVILLE, CITY OF ROANOKE, VIRGINIA, AND THE INTERSTATE 73 COALITION, LLC FOR PURSUIT OF CONSTRUCTION OF INTERSTATE 73 IN THE COMMONWEALTH OF VIRGINIA THIS CONTRACT, made and entered into this I" day of June, 2015, among THE INTERSTATE 73 COALITION, LLC, of 2111 Wilson Boulevard, Arlington, Virginia, a Virginia Limited Liability Company, hereinafter referred to as "Consultant", and COUNTY OF FRANKLIN, VIRGINIA, COUNTY OF HENRY, VIRGINIA, COUNTY OF ROANOKE, VIRGINIA, political subdivisions of the Commonwealth of Virginia, and CITY OF MARTINSVILLE, VIRGINIA, CITY OF ROANOKE, VIRGINIA, municipal corporations of the Commonwealth of Virginia, hereinafter collectively referred to as the "Localities"; RECITALS: THAT FOR AND IN CONSIDERATION of the undertakings of the parties to this Contract, the Consultant and the Localities covenant and agree, each with the other, as follows: Engagement and Retention of Consultant. The Localities agree to engage and obtain the Consultant and the Consultant hereby agrees to perform the services set forth herein. Scope of Services. The Consultant agrees to perform and carry out in a good and professional manner those services outlined in Appendix A. 3. Compensation. (a) The Consultant shall be paid by the Localities for its service, upon completion of the services, on the basis established by this section. (b) Consultant shall be paid a monthly fee from each of the individual Localities, based on the monthly amount indicated below for each of the respective Localities, for the term of this Contract, and which amount shall include all reimbursable services provided for in this Contract. in consideration for such fee, Consultant shall pursue the items described in the Scope of Services. Locality Monthly fee COUNTY OF ROANOKE, VIRGINIA $2,000.00 CITY OF ROANOKE, VIRGINIA $2,000.00 COUNTY OF FRANKLIN, VIRGINIA $1,500.00 COUNTY OF HENRY, VIRGINIA $1,500.00 CITY OF MARTINSVILLE, VIRGINIA $1,000.00 (c) The Localities agree to pay Contractor for the Contractor's complete and satisfactory performance of the Work. Payment will only be made for work actually performed, services actually supplied, and/or materials or goods furnished to the Localities, all of which need to be approved and accepted by the Localities prior to such payment, unless otherwise provided for in the Contract documents. Once a payment request has been received by the Localities, the Localities will process such payment request. If there are any objections or problems with the payment request, the Localities will notify the Contractor of such matters. If the payment request is approved and accepted by the Localities, payment will be made by the Localities to the Contractor not more than 20 days after such request has been approved. Each of the Localities will be solely responsible for the specific amount allocated to such Locality. 4. Time Period. The services to be performed hereunder by Consultant shall be undertaken and completed in a timely and expeditious fashion so as to best carry out the objectives of the Localities. Accomplishment of_Prgiect. Consultant shall commence, carry on and complete the required services with all practicable dispatch, in a sound, economical and efficient manner, in accordance with the provisions hereof and all applicable laws. In accomplishing the services, Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on by the Localities. The County and City Administrators will meet from time to time to discuss the progress of the project. The Localities agree to act, at all times on a consensus basis and, in the absence of a consensus, the Localities shall abide by the recommendations of a majority of the Localities, unless action by unanimous consent of the Localities is required under this Contract. 6. Assignment. Consultant shall not assign, sublet or transfer interest in this Contract without the written consent of the Localities, which consent shall require the consent of all Localities and may be withheld at the sole discretion of any of the Localities. 7. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. All the services required hereunder shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. 8. Changes. The Localities may, from time to time, require changes in the scope of services of Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the Localities and Consultant, shall be incorporated in written amendments to this Contract. 9. Nondiscrimination. In the performance of this Contract, Consultant shall not discriminate against any contractor, subcontractor, sub lessee, employee, applicant for employment or invitee because of race, religion, color, sex or national origin except where race, religion, color, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Consultant. 10. Drug -f=ree Workplace. (a) During the performance of this Contract, Consultant agrees to (i) provide a drug-free workplace for Consultant's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; and (iii) state in all solicitations or advertisements for employees placed by or on behalf of Consultant that Consultant maintains a drug-free workplace. (b) For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 11. Faith Based Organizations. Pursuant to Virginia Code Section 2.2-4343.1, be advised that the localities do not discriminate against faith -based organizations. 12. Term. (a) The term of this Contract shall be for from June 1, 2015, through December 31, 2016, at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law or unless extended as set forth herein at the option of the Localities. (b) At the Localities' option, the contract may be renewed for additional periods. The Localities shall give written notice to Consultant of their joint intent to extend this Contract at least sixty (60) days prior to the expiration of the original term or any renewal term of the Contract. (c) All terms and conditions shall remain in force for the term of this Contract and for any renewal period unless modified by mutual agreement of all parties. 13. Termination. The Localities reserves the right to immediately terminate this Contract, with or without cause, upon written notice to Consultant, In the event of termination by the Localities, Consultant shall be compensated in accordance with the terms of this Contract to the date of such termination. 14. Completeness of Contract. This Contract, and Appendix A, being incorporated by reference herein, constitute the entire agreement between the Localities and the Consultant and supersede all prior negotiations, representations or agreements, either oral or written. To the extent of any inconsistency between this 3 Contract and the documents incorporated by reference, this Contract shall take precedence and prevail. This Contract may be amended only by written instrument signed by Consultant and the Localities. 15. Laws of Virginia. This Contract shall be governed by the laws of the Commonwealth of Virginia, both as to interpretation and performance. SIGNATURE PAGES TO FOLLOW. 4 IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized representatives. WITNESS: Printed Name and Title THE INTERSTATE 73 COALITION, LLC Printed Name and Title WITNESS: Printed Name and Title Approved as to form: COUNTY OF FRANKLIN, VIRGINIA By County Administrator or Authorized Representative Printed Name and Title Appropriation and Funds Required for this Contract Certified: County Attorney/Assistant County Attorney Director of Finance Account # Approved as to Execution: County Attorney/Assistant County Attorney M. WITNESS: Printed Name and Title Approved as to form: County Attorney/Assistant County Attorney Approved as to Execution: County Attorney/Assistant County Attorney COUNTY OF HENRY, VIRGINIA County Administrator or Authorized Representative Printed Name and Title Appropriation and Funds Required for this Contract Certified: Director of Finance Account # WITNESS: Printed Name and Title Approved as to form: COUNTY OF ROANOKE, VIRGINIA By County Administrator or Authorized Representative Printed Name and Title Appropriation and Funds Required for this Contract Certified: County Attorney/Assistant County Attorney Director of Finance Account Approved as to Execution: County Attorney/Assistant County Attorney 0 WITNESS: Printed Name and Title Approved as to form: City Attorney/Assistant City Attorney Approved as to execution: City Attorney/Assistant City Attorney CITY OF MARTI NSVI LLE, VIRGINIA By City Manager or Authorized Representative Printed Name and Title Appropriation and Funds Required for this Contract Certified: Director of Finance Account # CT# R] WITNESS: Printed Name and Title Approved as to form: CITY OF ROANOKE, VIRGINIA Fey City Manager or Authorized Representative Printed Name and Title Appropriation and Funds Required for this Contract Certified: City Attorney/Assistant City Attorney Director of Finance Account # CT# Approved as to execution: City Attorney/Assistant City Attorney 10 Appendix A Scope of Services The mission of the Interstate 73 Coalition, LLC is to pursue federal and/or state legislative language and/or funding to construct Interstate 73. The following items are included in the contractual Scope of Services with the Localities: 1. Organize and lead an advocacy effort of interested parties, such as Chambers of Commerce, business and citizen groups, local governments, elected officials and others interested in the construction of Interstate 73. 2. Develop a strategy to pursue to win legislative language and/or funding for the construction of Interstate 73. 3. Outreach and advocacy with Virginia's Congressional Delegation and other important Members of Congress to obtain the support necessary to secure legislative language and/or funding to assist with the construction of Interstate 73, 4. Outreach and advocacy with Members of the Virginia General Assembly to obtain the support necessary to secure legislative language and/or funding to assist with the construction of Interstate 73. 5. Outreach and advocacy with the Office of the Governor and the Commonwealth Transportation Board to obtain the support necessary to secure language and/or funding in Virginia's Six Year Improvement Plan (SYIP) to assist with the construction of Interstate 73. 6. Keep members of the Interstate 73 Coalition informed about the progress of the Coalition; solicit their views, advice and ideas for how to achieve the Coalition's objectives; work to enlarge the size of the Coalition in neighboring states so that the Coalition's objectives can be achieved. 7. Any other task necessary to win legislative language and/or funding necessary for the construction of Interstate 73. 11 ACTION NO. ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: Resolution encouraging the political parties to choose an alternative method for selecting candidates for public office other than a primary election; waiving county fees for use of public facilities for such alternative method SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This item is placed on the agenda at the request of Supervisor Joseph P. McNamara. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 RESOLUTION ENCOURAGING THE POLITICAL PARTIES TO CHOOSE AN ALTERNATIVE METHOD FOR SELECTING CANDIDATES FOR PUBLIC OFFICE OTHER THAN A PRIMARY ELECTION; WAIVING COUNTY FEES FOR USE OF PUBLIC FACILITIES FOR SUCH ALTERNATIVE METHOD WHEREAS, primary elections impose significant local costs and expenses upon the County's taxpayers since Section 24.2-518 of the Code of Virginia requires the Treasurer of the County in which primary elections are held to pay the costs of primary elections; and WHEREAS, on May 12, 2015, the Board of Supervisors was required to transfer funds in the amount of $18,910 to pay for the Republican primary for the 17th House District; and WHEREAS, primary elections for local candidates from Democrat and Republican political parties are sparsely attended; and WHEREAS, encouraging the political parties to avoid holding primary elections would save public funds; and WHEREAS, Section 24.2-509 of the Code of Virginia authorizes the duly constituted authorities of the state political party shall have the right to determine the method by which a party nomination for an elected office shall be made. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Roanoke County would waive the fees that are imposed upon the political parties for the use of public facilities if all of the political parties agree to select Page 1 of 2 their candidates through methods other than a local primary election. In addition, no State or Federal primary election would be held for this fee waiver to be applicable. 2. That Roanoke County would reimburse the local political parties for fees imposed upon the political parties for the use of Roanoke County public school facilities if all of the political parties agree to select their candidates through methods other than a local primary election. In addition, no State or Federal primary election would be held for this fee reimbursement to be applicable. This reimbursement shall be at the same facility rental charge applied uniformly to other rentals. 3. That the Deputy Clerk to the Board of Supervisors shall send a certified copy of this resolution to the Chairman of the Roanoke County Democrat and Republican parties. Page 2 of 2 ACTION NO. ITEM NO. F-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia SUBMITTED BY: Paul Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In June of 2014, the Board adopted an ordinance to increase its salaries pursuant to the provisions of Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. This section of the State Code and Section 3.07 of the County Charter requires that any increase in Supervisors' salaries be accomplished by ordinance after public hearing between May 1 and June 30. Any increase is limited to an annual five (5%) percent inflation factor. The Board has adopted a budget which grants a two point five percent (2.5%) salary increase to County employees. In the past, the Board has increased its salary by the same percentage increase awarded to County employees. This ordinance increases the Board member's salaries by two point five percent (2.5%). SUMMARY OF INFORMATION: The first reading of this proposed ordinance was held on June 9, 2015; the second reading and public hearing will be held on June 23, 2014. The current salary for Board members is $17,425.20. This ordinance would increase the salary effective July 1, 2015, for Board members to $17,860.83 for an increase of $435.63 each. There is an additional annual compensation for the Chairman of the Board at $1,800, and for the Vice -Chairman at $1,200. FISCAL IMPACTS: A two point five percent (2.5%) increase would cost $2,178.15 ($435.63 each). Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 ORDINANCE TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the procedure for increasing their salaries; and WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members at $17,425.20 by Ordinance 062414-11 and further has established the additional annual compensation for the Chairman for the Board to be $1,800 and for the Vice -Chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five percent (5%); and WHEREAS, the first reading on this ordinance was held on June 9, 2015; the second reading and public hearing will be held on June 23, 2015. NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Page 1 of 2 Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of two point five percent (2.5%) pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $17,860.83 for members of the Board. In addition, the Chairman of the Board will receive an additional annual sum of $1,800 and the Vice - Chairman of the Board will receive an additional sum of $1,200. This ordinance shall take effect on July 1, 2015. Page 2 of 2 ACTION NO. ITEM NO. F-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: Ordinance to approve Amendment No. 1 to an intergovernmental agreement for the Workforce Investment Area III Chief Local Elected Officials Charter Agreement SUBMITTED BY: Thomas C. Gates County Administrator APPROVED BY: Thomas G. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Workforce Area #3 Chief Local Elected Officials (CLEO) Consortium was formed in a Charter Agreement in 2003 by the cities and counties in the Roanoke -Valley Alleghany Region. The Consortium agreed to work cooperatively to promote programs to support employment opportunities within the region. The Agreement was developed in a manner consistent with the provisions of the Workforce Investment Act (WIA). The CLEO has responsibility for appointing the members of the Western Virginia Workforce Development Board (WDB) and is the designated Grant Recipient and Fiscal Agent for WIA funds. In July 2014, the United States Congress enacted the Workforce Innovation and Opportunity Act (WIOA), which repealed and replaced WIA. In light of this change and a proposed partnership between the WDB and the Roanoke Valley -Alleghany Regional Commission (RVARC), the CLEO voted to amend its Charter Agreement. Amendment No. 1 updates the Agreement to be consistent with the provisions of WIOA, re -designates the City of Roanoke as the Consortium Grant Recipient, and changes the Fiscal Agent to be the Roanoke Valley -Alleghany Regional Commission. This change was made to provide greater organizational and fiscal capacity to support the mission of the WDB. It should also result in better coordination of economic and workforce development efforts, and create a stronger focus on serving the needs of key industry sectors. Page 1 of 2 The Amendment confirms that the Charter Agreement is an exercise of joint powers as permitted by Section 15.2-1300 of the Code of Virginia, which provides the Member Jurisdictions more options to cooperatively address workforce development in the future. Staff requests that the Board of Supervisors adopt the attached ordinance approving Amendment No. 1 to the CLEO Charter Agreement. Upon approval of the Ordinance, the County Administrator will be authorized to sign the Amendment and other requisite documents related to the Agreement. FISCAL IMPACT: None. ALTERNATIVES: 1. Adopt the attached ordinance approving the first reading of Amendment No. 1 and scheduling the second reading for June 23, 2015. 2. Deny the ordinance to approve Amendment No. 1. STAFF RECOMMENDATION: Staff recommends adoption of the attached ordinance for first reading and scheduling the second reading for June 23, 2015. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 ORDINANCE TO APPROVE AMENDMENT NO. 1 TO AN INTERGOVERNMENTAL AGREEMENT FOR THE WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS CHARTER AGREEMENT WHEREAS, the cities of Covington, Roanoke, and Salem, and the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke agreed to create a consortium to work together in accordance with the provisions of the federal Workforce Investment Act within the Western Virginia Workforce Development Area III; and WHEREAS, the Board of Supervisors authorized the execution of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated July 21, 2003 (Charter Agreement), by Action No. A-051303-6 adopted May 13, 2003; and WHEREAS, the Mayors of the cities of Covington, Roanoke and Salem, and the Chairmen of the Board of Supervisors of the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke (collectively, the Member Jurisdictions) executed the Charter Agreement; and WHEREAS, the Member Jurisdictions desire to amend the Charter Agreement to improve the operations and implementation of the Workforce Development Plan, acknowledge, confirm, and agree that the Charter Agreement is an exercise of joint powers as permitted by Section 15.2-1300, et sec., Code of Virginia (1950), as amended, and address changes that may be required as the result of the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. §§ 3011, et sec.); and WHEREAS, the first reading of this ordinance was held on June 9, 2015 and the second reading was held on June 23, 2015; and Page 1 of 2 WHEREAS, Section 13 of the Charter Agreement allows for amendments to the Charter Agreement with the concurrence of the governing bodies of the Member Jurisdictions. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Amendment No. 1 to the Charter Agreement is hereby approved to improve the operations and implementation of the Workforce Development Plan and to address changes that may be required as the result of the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. §§ 3011, et seg.) 2. The Charter Agreement, as authorized and approved by Action No. A- 051303-6 and as amended by Amendment No. 1 is ratified and approved. 3. That the County Administrator, or any Assistant County Administrator, is authorized and directed to execute this Amendment No. 1 to the Charter Agreement, and any other documents related to Amendment No. 1, which shall be in a form approved by the County Attorney's office. Page 2 of 2 DRAFT: 05.14.2015 AMENDMENT NO. 1 TO WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS This Amendment No. 1 to the Workforce Investment Area III Chief Local Elected Officials Charter Agreement is made this day of , 2015, by and among City of Covington, the City of Roanoke, the City of Salem, and the County of Alleghany, the County of Botetourt, the County of Craig, the County of Franklin, and the County of Roanoke (the "Member Jurisdictions"). RECITALS A. The Member Jurisdictions, via action through their respective mayors and chairmen of the board of supervisors, formed the Workforce Investment Area III Chief Local Elected Officials Consortium (the "Consortium") by the execution of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated July 21, 2003 (the "Charter Agreement") B. Pursuant to the terms of the Charter Agreement, the Consortium agreed to work cooperatively to promote programs to support employment opportunities within Workforce Development Area III, as designated by the Commonwealth of Virginia ("Area IIP'), in a manner consistent with the provisions of the Workforce Investment Act, 29 U.S.C. §§ 2801, et SeMc . ("WIA") and the rules and regulations promulgated by the United States Department of Labor (the "Department"). C. In July 2014, the United States Congress enacted the Workforce Innovation and Opportunity Act, 29 U.S.C. §§ 3101, et seq. ("WIOA") that repealed and replaced WIA. 1 DRAFT: 05.14.2015 D. Pursuant to Section 13 of the Charter Agreement, the Member Jurisdictions may amend the Charter Agreement with the authorization and concurrence of the governing bodies of each of the Member Jurisdictions. E. The Member Jurisdictions have the authority to enter into joint agreements pursuant to Section 15.2-1300, Code of Virginia (1950), as amended, and the Charter Agreement constitutes an agreement for the joint exercise of powers by participating political subdivisions of the Commonwealth of Virginia. F. Based upon a review of the Charter Agreement, and the recent enactment of WIOA, the Member Jurisdictions desire to amend the Charter Agreement in accordance with this Amendment No. 1 to Workforce Investment Area III Chief Local Elected Officials Charter Agreement ("Amendment No. 1"). G. The governing body of each of the Member Jurisdictions has adopted a resolution approving of, and concurring with this Amendment No. 1, and has authorized its respective mayor or chairman of its board of supervisors to execute this Amendment No. 1. NOW, THEREFORE, based on the recitals set forth above, which recitals are a material part of this Amendment No. 1, and for other good and valuable consideration, the Member Jurisdictions agree and hereby amend the Charter Agreement as follows: 1. Amendment to Purpose of the Agreement. The preamble section of the Charter Agreement entitled "PURPOSE OF THE AGREEMENT" is amended to provide at the end of the section as follows: The Consortium acknowledges the enactment of the Workforce Investment and Opportunity Act of 2014, 29 U.S.C. §§ 3101, et SeMC . ("WIOA") and agrees that the Consortium, in cooperation with the WDB, a Virginia non -stock corporation, will operate in accordance with the provisions of the WIOA and the regulations and rules 2 DRAFT: 05.14.2015 promulgated and adopted by the United States Department of Labor to insure success of the programs operated under the WIOA comply with all applicable federal and state laws, rules, regulations, and guidelines, and with the terms of the local plan developed for Area The Member Jurisdictions, through the CLEO, acknowledge, affirm, and agree that the Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated July 21, 2003, as amended, constitutes an agreement authorized by Section 15.2-1300, Code of Virginia (1950), as amended, for the joint exercise of powers by participating political subdivisions of the Commonwealth of Virginia. 2. Amend Section 8 of the Charter Agreement by deleting Section 8 in its entirety and replacing Section 8 with the following: SECTION 8 Administration. 8.1 Grant Recipient. The Consortium designates from its membership the local government jurisdiction of the City of Roanoke as the grant recipient for all grants funds appropriated to the Consortium for Area III pursuant to the Act of the WIOA. The City shall ensure compliance with the terms and conditions of such grants. 8.2 Fiscal Agent. In order to facilitate and expedite the implementation and operation of the workforce development plan for Area III, the Consortium appoints the Roanoke Valley -Alleghany Regional Commission as the initial fiscal agent for the Consortium and WDB. The Consortium, with the advice and consent of the WDB and the Member Jurisdiction designated as the grant recipient, shall appoint any future fiscal agent pursuant to this Section 8.2. 3 DRAFT: 05.14.2015 The terms, conditions, duties, and responsibilities of fiscal agent shall be set forth in an agreement among the Consortium, WDB, the grant recipient designated by the Consortium, and the party designated by the Consortium as fiscal agent. 3. Amend the Charter Agreement by adding a new Section 14 to follow Section 13 and to read and provide as follows: SECTION 14. Changes in the Act. The Member Jurisdictions acknowledge and agree that the WIOA repeals and replaces the Act. For purposes of this Charter Agreement, the Member Jurisdictions agree that references to "the Act" or sections of "the Act," and regulations and rules adopted pursuant thereto, contained in this Charter Agreement shall hereafter include or refer to the WIOA, relevant and corresponding sections of the WIOA, and the rules, regulations, and guidelines adopted pursuant to the WIOA, as they currently exist or may be amended. 4. Effect. Except as amended by this Amendment No. 1, the Charter Agreement remains in full force and effect in accordance with its original terms. The Member Jurisdictions acknowledge, agree, and ratify that the Charter Agreement, as amended by this Amendment No. 1, constitutes the entire charter for the establishment of the Consortium. Capitalized terms not defined in this Amendment No. 1 shall have the meaning ascribed to such terms as set forth in the Charter Agreement. This Amendment No. 1 shall take effect as the latest date on which the governing bodies of the Member Jurisdictions have approved and concurred to this Amendment No. 1. SIGNATURES APPEAR ON THE FOLLOWING PAGES .19 DRAFT: 05.14.2015 IN WITNESS WHEREOF, the chief local elected officials of the respective Member Jurisdictions have executed this Amendment No.l on behalf of their respective Member Jurisdictions. Name: Title: Mayor, City of Covington, Virginia Name: David A. Bowers Title: Mayor, City of Roanoke, Virginia Name: Title: Mayor, City of Salem, Virginia Name: Title: Chairman, Board of Supervisors County of Alleghany, Virginia Name: Title: Chairman, Board of Supervisors County of Botetourt, Virginia Name: Title: Chairman, Board of Supervisors County of Craig, Virginia Name: Title: Chairman, Board of Supervisors County of Franklin, Virginia Name: Thomas C. Gates Title: County Administrator 5 Date: 2015 Date: , 2015 Date: , 2015 Date: 2015 Date: , 2015 Date: Date: Date: 2015 2015 2015 DRAFT: 05.14.2015 County of Roanoke, Virginia APPROVED AS TO FORM: Name: City of Covington Alleghany, Virginia Name: Daniel J. Callaghan, City Attorney City of Roanoke, Virginia Name: Steven Yost, City Attorney City of Salem, Virginia Name: County of Alleghany, Virginia Name: County of Botetourt, Virginia Name: County of Craig, Virginia Name: County of Franklin, Virginia Name: , County Attorney's Office County of Roanoke, Virginia rol Date: , 2015 Date: 2015 Date: , 2015 Date: 2015 Date: , 2015 Date: 2015 Date: , 2015 Date: 2015 ur"oRKforce NETWORK Workforce Investment Area III Chief Local Elected Officials Charter Agreement PURPOSE OF THE AGREEMENT: In accordance with the Workforce Investment Act (WIA), herein referred to as the ACT, the mayors of the cities of Covington, Roanoke, and Salem, the Chairmen of the Board of Supervisors of the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, hereafter referred to as the Chief Local Elected Officials (CLEO), enter into this agreement to continue to work together through a consortium to be called the Workforce Investment Area III Chief Local Elected Officials Consortium (hereinafter, the Consortium). The purpose of the Consortium is to implement activities pursuant to the Act [Section 117 (c)(1)(B)(i)(ii)] in the Western Virginia Workforce Development Area III by executing an agreement that specifies the role of the individual Chief Local Elected Officials, appointing the Western Virginia Workforce Development Board (WDB), and carrying out any other responsibilities assigned to such officials under this subtitle. The Consortium hereby agree to work together according to the provisions of the WIA and the Federal Regulations (Regulations) as issued by the United States Secretary of Labor for the implementation of terms of this agreement certifying by their signatures that they posses full legal authority, as provided by state and local authority, as provided by state and local statutes or ordinances, to enter into this agreement. In cooperation with the WDB, the Consortium shall work to ensure success of the programs operated under the ACT and that all programs, procedures, and activities comply with all regulations and the local plan. THIS AGREEMENT, made and entered into this day of - , 2003, by and between the jurisdictions of- The f The City of Covington The County of Botetourt The City of Roanoke The County of Craig The City of Salem The County of Franklin The County of Alleghany The County of Roanoke In the Commonwealth of Virginia (hereinafter, the Jurisdictions): WITNESSETH: WHEREAS, the County Board of Supervisors/City Council of the aforementioned jurisdictions did previously adopt resolutions authorizing the County Board Chairperson/City Mayor to sign a charter creating the Workforce Investment Area III Chief Local Elected Officials Consortium in order to administer the provisions of Public Law 105-220, the Federal Workforce Investment Act, and WHEREAS, the County Board of Supervisors/City Council of each of the aforementioned jurisdictions has adopted a resolution authorizing the County Board Chairperson or City Mayor to sign this Charter of the Workforce Investment Area III Chief Local Elected Officials Consortium under the Workforce Investment Act (P.L. 105-220) (hereinafter, the "Charter"): NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and each party acknowledges sufficiency of which for itself, the Jurisdictions do hereby agree to the following Charter: AGREEMENT SECTION 1: That the Jurisdictions of The City of Covington The City of Roanoke The City of Salem The County of Alleghany The County of Botetourt The County of Craig The County of Franklin The County of Roanoke Do hereby constitute themselves to be a "Consortium" for the purposes of Section 117 (c)(1)(B) of Public Law 105-220, the Workforce Investment Act. SECTION 2: The chief local elected officials (the chairpersons of the County Board of Supervisors or City Mayor) or the designees of said officials of the jurisdictions shall constitute t the Workforce Investment Area III Chief Local Elected Officials Consortium, which shall appoint the Local Workforce Investment Board under Section 117 (c) (1) (B) of the Act. SECTION 3: The Consortium shall elect from its membership a Chairperson, a Vice - Chairperson, and such other officers as may be provided for in the bylaws to serve for a term of one year or until a successor is elected and qualified. Vacancies shall be filled by election for the remainder of the unexpired term. The Chairperson may appoint a staff person to serve as a board clerk. SECTION 4: Roberts Rules of Order, Newly Revised, shall govern the procedures of the Consortium insofar as they do not conflict with applicable law, or administrative rules and/or bylaws duly adopted by the Consortium. SECTION 5: The Consortium may adopt operational and procedural bylaws consistent with this Charter, applicable federal and state laws, and rules or regulations pursuant thereto. Bylaws or amendments thereto may be adopted by a simple majority vote of members present at any regular meeting called for that purpose, provided that written copies thereof are delivered to each member fifteen days prior to consideration. SECTION 6: The Consortium shall perform all functions for local elected officials contained in P.L. 105-220, the Federal Workforce Investment Act as described in Section 117. The Consortium's responsibilities shall include, but are not limited to: 1. Appointment of all members to the Western Virginia Workforce Development Board. 2. Initial development of Bylaws for the Western Virginia Workforce Development Board operations. 3. Through designation of a Grant Recipient and Fiscal Agent will: a. Receive funding; b. Account for funding; c. Function as the program administrative entity; and d. Provide for staffing of both the CLEO Consortium and the Workforce Development Board. 4. Will insure appropriate auditing of program funds. 5. Will approve the Workforce Investment Act and other appropriate funding source budget(s) of the Western Virginia Workforce Development Board. 6. In cooperation with the Western Virginia Workforce Development Board, the CLEO Consortium will perform the following partner functions: a. Develop the local 5 -year plan; b. Negotiate local performance standards with the Governor; c. Appoint the Youth Council; d. Designate or certify local One -Stop Operators e. Provide agreement for Memorandums of Understanding with One -Stop Partners; and f. Conduct oversight of the One -Stop Delivery System SECTION 7: The Consortium will approve a budget for the Western Virginia Workforce Development Board and shall support the Western Virginia Workforce Development Board in the performance of the partner functions as defined in the agreement between the Consortium and the WDB. SECTION 8: The Consortium designates from its membership the local government jurisdiction of the City of Roanoke to serve as the grant recipient and the WDB to serve as the fiscal agent for Title I funds of the WIA. SECTION 9: The parties acknowledge that they are accountable to the Governor of the Commonwealth of Virginia for the Acts of the CLEO Consortium and the WVWDB and for the performance of any subcontractors. The parties acknowledge the authority of the CLEO Consortium to monitor, evaluate and take corrective action concerning performance specified in the Job Training Plan and contracts or agreements negotiated pursuant thereto. The parties to this Agreement, to the extent consistent with applicable law, certify acceptance of the responsibility for the total management, operation and compliance with all applicable laws and regulations. Any financial or legal liability of the CLEO Consortium shall be shared on the same pro rata basis as the population, per the most recent United States Census. Ci EO Consoniurn Chl ii €4r ,P Lige 2 5'2,2003 i SECTION 10: The Consortium shall appoint the Local Workforce Investment Board (Western Virginia Workforce Investment Board) Area,III, under Section 117 (c) (1) (A) of P.L. 105-220 and applicable rules thereunder. The Consortium will comply with local Workforce Investment Board requirements as contained in Virginia Employment Commission Policy Number 99-2, "Establishment of Local Workforce Investment Boards" effective November 19, 1999. SECTION 11: The Consortium shall execute an agreement with the Western Virginia Workforce Development Board for the operation and functions of the Board under Section 117 of the Workforce Investment Act, and shall approve all Local Plans under Section 118 of the Act. SECTION 12: This Charter agreement shall be effective when approved by Resolutions adopted by the County Board of Supervisors/City Council of each jurisdiction party hereto and executed by the chief elected official thereof pursuant to said resolution. This serves to repeal and supersede any and all prior written or oral consortium agreements under P.L. 102-357, the Job Training Partnership Act, effective 7/1/2000. SECTION 13: Amendments to the Charter agreement may be adopted with the concurrence of the Board of Supervisors/City Council of each jurisdiction party hereto. The Consortium may be dissolved and this agreement may be rescinded only with the consent of all the Boards of Supervisors/City Councils of each jurisdiction party hereto and the Governor. IN WITNESS WHEREOF, the parties hereto have caused this Charter Agreement to be executed by the Chairperson of the County Board of Supervisors or the City Mayor of the aforementioned jurisdictions. Temple L. Kessinger, Jr.; Mayor, The City of Covington Ralph Smith, Mayor, The City of Roanoke Carl E. Tarpley, Jr., Mayor The City of Salem Rickey May, Chair, Board of Supervisors, The County of Alleghany Date Stephen P. Clinton, Chair, Board of Supervisors, The County of Botetourt Lyndell Keffer, Chair,Board of Supervisors, The County of Craig Date W. Wayne Angell, Chair, Board of Supervisors, The County of Franklin Date Joseph McNamara, Chair, Board of Supervisors, The County of Roanoke ACTION NO. ITEM NO. F-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: Ordinance authorizing the vacation of an existing twelve foot (12') public utility easement located along the side property line on the property of James Barry Echols (lot 29) and Richard G. and Shelia B. Huffman (lot 30), block 11, section 3 of Beverly Heights North (plat book 8, page 16) tax map numbers 044.03- 03-41.00-0000 and 044.03-03-42.00-0000), Catawba Magisterial District SUBMITTED BY: Tarek Moneir Deputy Director of Development APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. James Barry Echols of 2835 Silver Leaf Drive wishes to build a garage on his property shown as Lot 29 in the attached map. The area which he would like to build is encumbered by a portion of the 12' public utility easement located between his property and the property of Mr. and Mrs. Richard G. and Sheila B. Huffman (Lot 30). Therefore, they each have requested that the twelve foot (12') public utility easement be vacated as shown on the attached plat to remove the encumbrance on their properties. Mr. Echols property is located within Beverly Heights North subdivision, which was established March 23, 1970. The public utility easement was established in anticipation of providing underground infrastructure to serve the community. Currently, the subdivision is served by local utility companies including Western Virginia WaterAuthority, Verizon, AEP, Comcast Cable and Roanoke Gas. County departments and local utility companies were contacted concerning this vacation request and there were no objections. Page 1 of 2 FISCAL IMPACT: The costs and expenses associated herewith include the ad for the public hearing, costs for permits from utilities companies and recordation fees shall be the responsibility of Mr. Echols. ALTERNATIVES: That the Board approve the first reading of this ordinance to vacate the described easement and schedule the second reading and public hearing for June 23, 2015. 2. That the Board denies the vacation of the described easement. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 G-0VERAL /VOTES.' 1. OWNER OF RECORD: JAMES BARRY ECHOLS & RICHARD G. & SHEILA B. HUFFMAN 2. LEGAL REFERENCES: D.B. 964, PG. 738 & D.B. 957, PG, 386 J. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A T177 -E REPORT AND IS \��QO' SUBJECT THERETO. THEREFORE, 7HERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE Rot PROPERTY NOT SHOWN HEREON. 4. THE SUBJECT PROPERTY IS W17HIN THE LIMITS OF FLOOD ,ZONE X" AS SHOWN ON Q� 7HI= FEMA F.I.R.M. i5161COI36 G W774 AN EFFEC77VE DATE OF SEPTEMBER 28, 2007. THIS DETERMINATION IS BASED ON SAID MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS SIL VER LEAFER/t/E VA SEC RTF 7733 — 50' WIDE N6603.430"E G9 G2 99.50' 24' 29' 19' 24' H ,? LOT29 hl LOT 30 BLOCK 99 ^I BLOCK I9 LOT 28 SECTION 3 i SECTION 3 a� 0.237ACRE W i 0.243 ACRE *� LOT 31 12' PUE TO BE VACA TED tyM O DEEDED CORNER PUE PUBLIC 'UTILITY EASEMENT DE DRAINAGE EASEMENT _ _ r23 86 7.�4y'T / 6;"— s s42aa'40" w S 9609345" W 4.68' LOT 6 4 LOT 5 BLOCK 8 SEC77ON 2 BEVERLY HEIGHTS NORTH P.B. 7, PG. 65 s r " ALAN CLEMONS Lic. No. 002823 TAX I. 044.03-03-41 & —42 DRAWN PEC CALL . REC CHK'D MAC CLOSED: REC FROM RECORDS FOR .TAMES BARRY ECHOC S AND RICHARD G. & SHEILA B. HUFFMAN SHOWING THE PROPOSED VACATION OF A 12' PUBLIC UTILITY CASEMENT SITUATE ON LOTS 29 & 3O, BLOCK 11, SECTION 3 BEVERLY HEIGHTS NORTH — P.B. 8, PG. 16 CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE. 1"--30' 816 Boulevard Salem, Virginia 24153 DATE, •'_ HAY, Phone: S40-387-1 1 53 D— 54751 parker Fax: S40-389-5767 N. R. NIA DESIGN Es ssLEI0.:0rtuavaPANNPns+ ssC"H Kc TCIS 15-005 CURVE TABLE CUR!/ES LE=NGTH RADIUS TANGENT DELTA CHORDDIRECTION CHORDIENGTH G9 100.87' 225.00' 51.29' 25°411.77" 1V31°40'59'E 100.02' C2 85.58' 225.00' 4384' 220257" N55"33'11'E= 88.05' SIL VER LEAFER/t/E VA SEC RTF 7733 — 50' WIDE N6603.430"E G9 G2 99.50' 24' 29' 19' 24' H ,? LOT29 hl LOT 30 BLOCK 99 ^I BLOCK I9 LOT 28 SECTION 3 i SECTION 3 a� 0.237ACRE W i 0.243 ACRE *� LOT 31 12' PUE TO BE VACA TED tyM O DEEDED CORNER PUE PUBLIC 'UTILITY EASEMENT DE DRAINAGE EASEMENT _ _ r23 86 7.�4y'T / 6;"— s s42aa'40" w S 9609345" W 4.68' LOT 6 4 LOT 5 BLOCK 8 SEC77ON 2 BEVERLY HEIGHTS NORTH P.B. 7, PG. 65 s r " ALAN CLEMONS Lic. No. 002823 TAX I. 044.03-03-41 & —42 DRAWN PEC CALL . REC CHK'D MAC CLOSED: REC FROM RECORDS FOR .TAMES BARRY ECHOC S AND RICHARD G. & SHEILA B. HUFFMAN SHOWING THE PROPOSED VACATION OF A 12' PUBLIC UTILITY CASEMENT SITUATE ON LOTS 29 & 3O, BLOCK 11, SECTION 3 BEVERLY HEIGHTS NORTH — P.B. 8, PG. 16 CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE. 1"--30' 816 Boulevard Salem, Virginia 24153 DATE, •'_ HAY, Phone: S40-387-1 1 53 D— 54751 parker Fax: S40-389-5767 N. R. NIA DESIGN Es ssLEI0.:0rtuavaPANNPns+ ssC"H Kc TCIS 15-005 Easement and Right -of -Way Vacation/Quitclaim Request Application Date: Z7"- l `1 �� Application Deadline: 015- Name:,��� Address:��, �tr� Phone #: 4/0 3� � 6 2 Type of vacation/quitclaim Sanitary Water Public Drainage Right -of- Sewer Easement utility basement Easement Alley Way Other; Easement LOCatIOi"i O. vacation quitclaim: Y, Lo f/ Z'IR-4— t1A e /", / V Depict the area to be vacated or attach a plat to the application We, the undersigned, are the owners and/or adjoiners of the property referenced above. We request that the vacation/quitclaim noted above be processed for presentation to the Roanoke County Board of Supervisors. A check for $625 is enclosed for the vacation fee, advertising fee and the ordinance recor ation fee. From: "Orr, Pete" <Pete_Orr@RoanokeGas.com> To: "'Denise Sowder"' �dsowder@roanokecountyva.gov> Date: 03/12/15 4:42 PM Subject: RE: 2835 Silver Leaf Dr Denise, I met with Mr. Echols this afternoon. Based on the location of the gas line, Roanoke Gas would not oppose vacating the P.U.E. Let me know if you need more specific information. Thanks, Pete Orr Director - Operations Roanoke Gas Company 540-777-3874 (office) -----Original Message ----- From: Denise Sowder [mai!to:dsowder@roanokecountyva.gov] Sent: Tuesday, February 03, 2015 10:42 AM To: Orr, Pete Subject: 2835 Silver Leaf Dr Pete, Here is a piece of the plat. Hope it helps! NOTICE: This message, including any attachment, is intended as a confidential and privileged communication. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender and delete this message. Verizon Virginia Inc. Outside Plant Engineering Allen Asbury 4843 Oakland Blvd. NE Roanoke, Va. 24012 (540) 265-7574 Fax:(540) 563-8431 March 18th, 2015 Mrs. Denise Sowder Roanoke County Subject: Public Utility Easement for Verizon Lines Dear Mrs. Sowder: Verizon does not oppose the closure of the public utility easement on the property at 2835 Silver Leaf Dr in Salem, Virginia. Verizon does not have any current conflicts with the closure of the public utility easement. Any cables at the rear of the property nor any service drops currently in place will be affected by this closure. Sincerely, Allen Asbury Verizon OSP Engineering 4843 Oakland Blvd Roanoke, VA 24012 Appalachian Power Company 80 River Road Fieldale, VR 24089 l..APPALACHMM A unit ofArnerlean ElecUfc Power March 20, 2015 Mr. James Echols 2835 Silver Leaf Dr, Salem, VA 24153 RE: Proposed encroachment Appalachian Power Company easement 2835 Silver Leaf Dr, Salem, VA Easement 19, Map 3780-250 Mr. Echols: This correspondence is in response to your request to vacate a portion of the public utility easement (PUE) on the above-mentioned property. Appalachian has an easement to occupy the subject PUE, granted to us by Fralin and Waldron, Inc. The easement is of record in the Roanoke County Circuit Court Clerk's Office in Deed Book 943 at Page 344. A review of our facilities indicates we do not currently occupy the PUE and have no plans to utilize it in the future. Therefore, Appalachian has no objection to the proposed vacation of the subject PUE. Should you have any questions, please feel free to contact me at 276-627-1225 Sincerely, d.&_ L., L Robert E. Wilson Right of Way Lead Email copy: Denise Sowder, Roanoke County Planning Amy Rasnake, Appalachian Power Company 11"P. . llne17C,1 5 I.-F70P, 1, )77tlIN r R ,LF-AFpIJvr 00 Isis \0 :'�, !' .�� 4, t_ yi" .4• Iie.F. e. }. t` ,i � - 0.� t � •� .��Z,y its '•..t+j.,,r��._ ,'��in. '� `•►. X11.•, 111 7•' _ +' 11 ? - Y �.►" �,e�10.3+T�+s` 5 Al /y1, � r°� rr ....• i'r.w�•r• - ,..'i•'�E �., .. - Y 1• .'�.•.-'-..1'•.• i V Y LOT -28 LOT -50 p LOT 2 91- °r 6LOCK t ,�- i � Ter, ��, � �• �' l 1W + k".� N fRom IG`�13'4f:. _.tEtaKZ3•b, . MON �4c BLOCK -8, �SkC,7- 1 f'sEVEs2L`� r•1r=1GW5 NO%,',J 1 S'.PS,`T, FG.CoS SURVEY FOR JA, ME5 a, aG LINDA' P ECHOLS OF LOT- 29, f5V 41, 5EVF_R_LY HEIGHT5 MORTIA p.51 45, PG.IG ROAISOI�1 CO i VIRG1N(A I HEREBY CERTIFY THAT THIS PLAT 5 VE S C RRECT. SY T. P. PARKER &SON sGAhE: " DATE., t4Q\/- I97F BY: ENGINEERS &SURVEYORS N. S. BxN -1D• 1'.2 5 1 CERTIFIED LAND SURVEYOR 1 E � , ,LF-AFpIJvr 00 Isis \0 :'�, !' .�� 4, t_ yi" .4• Iie.F. e. }. t` ,i � - 0.� t � •� .��Z,y its '•..t+j.,,r��._ ,'��in. '� `•►. X11.•, 111 7•' _ +' 11 ? - Y �.►" �,e�10.3+T�+s` 5 Al /y1, � r°� rr ....• i'r.w�•r• - ,..'i•'�E �., .. - Y 1• .'�.•.-'-..1'•.• i V Y LOT -28 LOT -50 p LOT 2 91- °r 6LOCK t ,�- i � Ter, ��, � �• �' l 1W + k".� N fRom IG`�13'4f:. _.tEtaKZ3•b, . MON �4c BLOCK -8, �SkC,7- 1 f'sEVEs2L`� r•1r=1GW5 NO%,',J 1 S'.PS,`T, FG.CoS SURVEY FOR JA, ME5 a, aG LINDA' P ECHOLS OF LOT- 29, f5V 41, 5EVF_R_LY HEIGHT5 MORTIA p.51 45, PG.IG ROAISOI�1 CO i VIRG1N(A I HEREBY CERTIFY THAT THIS PLAT 5 VE S C RRECT. SY T. P. PARKER &SON sGAhE: " DATE., t4Q\/- I97F BY: ENGINEERS &SURVEYORS N. S. BxN -1D• 1'.2 5 1 CERTIFIED LAND SURVEYOR Page 1 of 1 Denise Sowder - 2835 Siler Leaf Drive, Salem PUE From: "Esteves, Noel"<Noel_Esteves@cable.comcast.com> To: "dsowdcr@roanokecountyva.gov" <dsowder@roanokecountyva.gov> Date: 03/26/15 9:08 AM Subject: 2835 Siler Leaf Drive, Salem PUE Attachments: 2535 Siler Leaf Drive PUE.pdf Mrs. Sowder, Comcast Cable does not currently or have any future plans to enter the PUE highlighted in yellow in the attach map at 2835 Silver Leaf Drive, Salem or the adjacent properties. If you have any questions, please feel free to contact. Thank You Noel Esteves Construction Coordinator 1.415 South Main Street Blacl;sbu€g, VA 24060 5401378-1178 file:/IIC:/Usersldsowder/AppData/Local/Temp/XPgrpwise/553F4790P41_... 5/29/2015 W �E- CL CO O � oIT O m N Uo-2¢ LU _ m > O �-�e z Em or_ a E m ll uC) U) J O T- C) LLJ €L ED 0) ui E z C Q CL a a ar U r 0 0 0 3 O 6 6 LO T Lo Er It a U. Lo LO LO a o 0 N N N tt J Cl O O O Y V d d d T UO O O -gyp U U U F U U U F- J J J O O O 2 S S U U U w w w m m m U) U) w w w ¢ ¢ ¢ N O m U L a°'i c •� LL o LO LO W) M 0 03 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 ORDINANCE AUTHORIZING THE VACATION OF AN EXISTING TWELVE FOOT (12') PUBLIC UTILITY EASEMENT LOCATED ALONG THE SIDE PROPERTY LINE ON PROPERTY OF JAMES BARRY ECHOLS (LOT 29) AND RICHARD G. AND SHELIA B. HUFFMAN (LOT 30), BLOCK 11, SECTION 3 OF BEVERLY HEIGHTS NORTH (PLAT BOOK 8, PAGE 16) TAX MAP NUMBERS 044.03-03-41.00-0000 AND 044.03-03-42.00-0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, a plat entitled "Plat of Section No. 3. Beverly Heights North Property of Fralin and Waldron, Incorporated" dated Oct. 25, 1971, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, (Plat Book 8, Page 16) dedicated a twelve foot (12') wide public utility easement across parcels identified as Lots 29 and 30 (Tax Map Nos. 044.03-03-41.00-0000 and 044.03-03-42.00-0000); and WHEREAS, the current owner of the property, James Barry Echols (Lot 29) and Richard G. and Sheila B. Huffman (Lot 30), have requested that the twelve foot (12') wide public utility easement located along the side property line be vacated in order to remove that encumbrance on their property to allow Mr. Echols to build a garage on Lot 29; and WHEREAS, County staff has reviewed and approved the vacation this twelve foot (12') public utility easement as shown on the exhibit (Exhibit "A") attached hereto and entitled "James Barry Echols and Richard G. and Sheila B. Huffman Showing the Proposed Vacation of a twelve foot (12') Public Utility Easement Situate on Lots 29 & 30, Block 11, Section 3, Beverly Heights North — P.B. 8, PG. 16, Catawba Magisterial District" prepared by Parker Design Group, Inc. dated 4 May 2015; and Page 1 of 3 WHEREAS, no other property owner will be affected by the vacation of this public utility easements, and this vacation will not involve any cost to the County, and the affected County departments and public utilities have raised no objection; and WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 9, 2015, and a second reading and public hearing of this ordinance was held on June 23, 2015. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate, a twelve foot (12') wide public utility easement, which was dedicated by plat of Beverly Heights North (Plat Book 8, Page 16) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That the subject real estate, a twelve foot (12") wide public utility easement, located along the side property lines of Lots 29 and 30, which was dedicated by plat of Beverly Heights North (Plat Book 8, Page 16) be, and hereby is, vacated pursuant to Section 15.2-2270 of the Code of Virginia 1950, as amended. 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. Page 2 of 3 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2270 of the Code of Virginia (1950, as amended). Page 3 of 3 ACTION NO. ITEM NO. G-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Ordinance of the Board of Supervisors of the County of Roanoke, Virginia providing for the Economic Development Authority of the County of Roanoke, Virginia to issue Lease Revenue Refunding Bonds to Refund Outstanding Lease Revenue Bonds (Public Facility Projects), Series 2008 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This ordinance authorizes the County of Roanoke to refund previously issued 2008 revenue bonds and provide for annual debt service savings. The ordinance provides that the bonds shall result in net debt service savings as a percentage of the principal amount of the refunded bonds of at least 3% on a present value basis. On May 12, 2015, staff reviewed at work session with the Board several options for refunding the 2008 Lease Revenue Bonds. The Board indicated a preference for refunding via lease revenue bonds, the same instrument used for the initial debt issuance. The Board requested staff to explore using the savings generated from a refunding of the 2008 bonds to accelerate retirement of the outstanding 2008 debt. This report goes into extensive analysis regarding this request as well as provides three additional options the Board may wish to consider for utilizing savings realized through the bond refunding. Page 1 of 5 These include: • Deferred Savings -an option to delay the savings until the last year of maturity • Level Savings- an option that provide savings that are of an equal amount annually • Accelerated Savings Option -an option to take the savings upfront over several years Staff recommends structuring the 2008 Lease Revenue Refunding with accelerated savings that will provide approximately $1.4 million upfront over several years and allow for the payoff of outstanding debt obligations in 2016-2021. Background: On March 27, 2008 bonds in the amount of $58.6 million were issued through the Economic Development Authority to finance the following projects: o Garage o South County Library o Green Ridge Recreational Center o 800 MHZ Radios o North County Fire Station $ 6,525,000 (30 years) 16,495,000 (30 years) 28,220,000 (30 years) 3,870,000 (10 years) 3,485,000 (20 years) As noted, the terms of the bonds issued in 2008 vary according to the specific purpose for issue. Approximately $51 million of the $58.6 million bonds issued carried a term of 30 years with interest rates ranging from 3.5% to 5.1 %. The current outstanding principal for 2008 bonds is $48.5 million. Analysis The County of Roanoke works with our financial advisors to annually review the County's outstanding debt to identify potential refunding opportunities. A refunding occurs when the proceeds of a new debt issue are used to retire previously issued debt. The purposes of a refunding may include achieving savings through lower interest rates, restructuring payments to provide budgetary relief, changing the mode or structure of a bond, and/or changing bond covenants or other contractual terms. Based on a review of current bond obligations and current market conditions, the staff has identified an opportunity to refund certain 2008 revenue bonds through a stand-alone issuance. The refunding will provide the opportunity for debt service savings in excess of the 3% present value yield standard. Page 2 of 5 On May 12, 2015, staff reviewed at work session with the Board several options for refunding the 2008 Lease Revenue Bonds. At the meeting, the Board expressed an interest in the refunding and asked staff to explore using the savings generated from a refunding of the 2008 bonds to accelerate retirement of the outstanding 2008 debt. The Board also indicated a preference for refunding via lease revenue bonds, the same instrument used for the initial debt issuance. Staff has explored the request of the Board to apply all savings realized through a refunding to a reduction in principal of the 2008 bonds as a means to more quickly retire outstanding debt. In order to accomplish this, a new bond issue would have to occur with the proceeds of that issue used exclusively to retire the 2008 obligations. The County would have the ability to designate a shorter period for repayment of any new bonds issued and consequently reduce long term indebtedness. Currently debt service for the 2008 bonds continues through fiscal year 2038. A refunding to shorten the life of the debt can be accomplished. However, the anticipated savings of the refunding proposed would not alone be sufficient to reduce the term. To reduce the term, the County would be required to commit proceeds from the refunding plus and an additional $175,000 in annual debt service payments. The detail of this calculation is provided in Attachment A. Alternative Options Detailed below are three additional scenarios the Board may wish consider for utilizing savings realized through bond refunding. 1. Deferred Savings Option A deferred savings option would assume existing debt service requirements are unchanged but bond pay off occurs one year earlier than scheduled. This method would generate a total bond life savings of $3,503,355, and present value savings of $1,729,191. This approach offers the greatest overall fiscal advantage, and accomplishes the objective of reducing the term of the bond. However, this approach makes a future refunding implausible. Because refunding savings are deferred in this arrangement, a future refunding would essentially negate the benefit of this refunding. Further, the longer term bonds of the 2008 issuance carry the higher interest rate, making them particularly attractive for future refunding. 2. Level Savings Option A level savings option whereby the refunding yields the same amount of money to the County each year for the remaining life of the bonds, would return approximately $87,000 per year. This method would generate a total bond life savings of $2,014,272, or present value savings of $1,409,454. The County could permanently reduce the Page 3 of 5 level of debt service and funds could be used to address other long term budgetary needs. This option would not reduce long term indebtedness or shorten the term of the debt. 3. Accelerated Savings Option An accelerated savings approach would structure the refunding to return the bulk of the savings realized within the first several years, of the refunded bond term. Annual returns in the initial years would range from $112,313 to $662,179. In subsequent years, annual savings would range from $63 to $4,950. This method would generate a total bond life savings of $1,462,917, or present value savings of $1,338,925. This approach would produce budget savings of approximately $1.4 million in the first seven years after the refinancing. Given the high return in the initial years of the refunding, funds realized could be used to pay off other outstanding higher interest debt thereby reducing the County's outstanding long term debt obligations. Attachment B shows these options in more detail. FINANCIAL IMPACT: The callable bonds refunded total $31.5 million and are projected to yield a present value savings of 4.25% based on current market conditions. The accelerated savings approach would provide approximately $1,462,917 million in refunding proceeds as shown on Attachment B and allow for the payoff of $1.4 million in outstanding debt obligations in years 2016-2021. Issuance costs associated with the refunding are estimated at $250,000. STAFF RECOMMENDATION: Staff recommends approval of the ordinance authorizing the refunding of the 2008 Lease Revenue Bonds and structuring the refunding as an accelerated savings to yield savings that will be used to pay off existing debt. The outstanding debt of the County and Schools as of May 26, 2015 was $189.9 million. Of this amount, there are several debts that are callable at any time and can be paid off. They are as follows: Page 4 of 5 Issue Holder Interest Rates Final Maturity Outstanding 2011 EDA Lease Revenue Ref Bonds (Rate Reset on 2001A Bonds) SunTrust 2.63% 4/15/2016 $251,338 Literary Loans (Fort Lewis Elementary, William Byrd H.S., Northside High, Cave Spring J.H.) Capital Lease Obligation (Energy Projects) DOE 3.00% 9/15/2020 $1,825,775 Capital One 3.99% 9/17/2020 $741,516 Since the Capital Lease Obligation has the highest interest rate, staff recommends using refunding savings to pay off this debt obligation as first priority. The remaining savings from the refunding would be applied to the Literary Loans outstanding in the years the savings are available. Since the purpose of the refunding would be to utilize proceeds for retirement of other debt obligations the County would view these funds as part of the County/School Joint capital funding plan. Refunded savings would not be considered revenue to the County and consequently refunding proceeds would not be apportioned to the Schools. Staff will provide an information report after the sale of the bonds. Information contained in this board report is based on projections from May 2015 and will change based on market conditions at the time of the bond sale. The Economic Development Authority approved a resolution forthe 2008 Lease Revenue Refunding at their meeting on May 20, 2015. Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 ORDINANCE OF THE BOARD OF SUPERVISORSOF THE COUNTY OF ROANOKE, VIRGINIA PROVIDING FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF ROANOKE, VIRGINIA TO ISSUE LEASE REVENUE REFUNDING BONDS TO REFUND OUTSTANDING LEASE REVENUE BONDS (PUBLIC FACILITY PROJECTS), SERIES 2008 The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is advisable (i) to refund all or a portion of the Economic Development Authority of the County of Roanoke, Virginia's $58,595,000 Lease Revenue Bonds (Public Facility Projects), Series 2008, issued on March 27, 2008 (the "Series 2008 Bonds") for the purpose of financing certain facilities for the County consisting of the acquisition, construction, furnishing and equipping of various capital projects including a library, a recreation center, a fire -station, a fleet maintenance facility and radio equipment and (ii) to obtain financing to refund all or a portion of the Series 2008 Bonds through lease revenue refunding bonds (the "Bonds") to be issued by the Economic Development Authority of the County of Roanoke, Virginia (the "Authority"). The Bonds will be payable solely from the revenues derived from the Financing Lease dated as of March 1, 2008 (the "Financing Lease"), as amended by the First Amendment to Financing Lease, between the Authority to the County (the "Amendment to Financing Lease") pursuant to which the County will agree to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the outstanding Series 2008 Bonds and the Bonds. The Bonds will be issued pursuant to the following documents: (i) a First Supplemental Indenture of Trust between the Authority and U.S. Bank National Page 1 of 8 Association, as successor trustee (the "Trustee"), with the form of the Bonds attached thereto, supplementing an Indenture of Trust dated as of March 1, 2008 between the Authority and the Trustee; (ii) the First Amendment to Lease between the County and the Authority amending the Lease dated as of March 1, 2008, between the County and the Authority; (iii) the Amendment to Financing Lease; (iv) a Modification Agreement among the Authority, the Trustee and certain substitute deed of trust trustees amending (1) the Leasehold Deed of Trust and Security Agreement dated as of March 1, 2008, between the Authority and certain deed of trust trustees and (2) the Assignment of Rents and Leases dated as of March 1, 2008, between the Authority and the Trustee, both securing the Series 2008 Bonds; (v) a Preliminary Official Statement (the "Preliminary Official Statement") and an Official Statement (the "Official Statement") with respect to the issuance and sale of the Bonds; (vi) a Bond Purchase Agreement (the "Bond Purchase Agreement"), among the County, the Authority and an underwriter or a group of underwriters selected by the County as described below; and (vii) an Escrow Agreement between the Authority, the County and the Trustee, as escrow agent. All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Ordinance as the "Basic Documents." The first reading of this ordinance was held on May 26, 2015 and the second reading of this ordinance was held on June 9, 2015. Page 2 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum aggregate principal amount of $45,000,000 in one or more series at one time or from time to time as may be requested by the County's Chairman of the Board of Supervisors, the County Administrator or the Director of Finance (each, an "Authorized Representative") for the purpose of refunding all or a portion of the Series 2008 Bonds and financing costs of issuing the Bonds. The principal of, premium, if any, and interest on the Bonds shall be paid from revenues derived from payments made by the County pursuant to the Financing Lease, as amended by the Amendment to Financing Lease. 2. Authorization of Basic Documents. The execution and delivery of and the performance by the County of its obligations under the Basic Documents to which the County is a party are authorized. The Basic Documents to which the County is a party shall be in such forms and contain such provisions as the County Administrator or the Director of Finance, or his or her designee, shall approve, such approval to be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. 3. Execution of Basic Documents. The Authorized Representatives, or any of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, the County Administrator and the Clerk of the County Board are authorized and directed to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their Page 3 of 8 designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Ordinance or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Sale of Bonds. The Authorized Representatives are hereby authorized and directed to (i) select an underwriter or group of underwriters to underwrite (the "Underwriter") the sale of the Bonds, (ii) consent to the terms of the sale of the Bonds by the Authority to the Underwriter and (iii) execute and deliver the Bond Purchase Agreement, provided that (1) the aggregate principal amount of the Bonds shall not exceed the amount set forth in paragraph 1, (2) the refunding achieves an aggregate net present value debt service savings of not less than 3% of the refunded principal amount, (3) the sale price of the Bonds to the Underwriter shall not be less than 98% of the aggregate principal amount thereof (not taking into account any original issue discount) and (4) the final maturity of the Bonds shall not be later than the final fiscal year in which the Refunded Bonds (as hereinafter defined ) mature. The approval of such Authorized Representatives shall be evidenced conclusively by the executive and delivery of the Bond Purchase Agreement. 5. Refunded Bonds. The Authorized Representatives are hereby authorized and directed to select the Series 2008 Bonds to be refunded (the "Refunded Bonds") and to cause the refunding of the Refunded Bonds pursuant to the terms of the Series 2008 Bonds and the documents securing the Series 2008 Bonds. Page 4 of 8 6. Disclosure Documents. The Authorized Representatives and such other officers and agents either Authorized Representative may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate Preliminary Official Statement and Official Statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The Preliminary Official Statement, Official Statement or other documents shall be published in such publications and distributed in such manner, including by electronic distribution, and at such times as the Authorized Representatives shall determine. The Authorized Representatives and such other officer or agent either Authorized Representative may designate, are hereby authorized to deem the Preliminary Official Statement "final" for purposes of Securities Exchange Commission Rule 15c2-12. 7. Costs and Expenses. All costs and expenses in connection with the undertaking of the refinancing of the County's obligations under the Financing Lease, the refunding of the Refunded Bonds and the issuance of the Bonds, including the Authority's fees and expenses and the fees and expenses of bond counsel and counsel for the Authority, shall be paid from the proceeds of the Bonds, or other legally available funds of the County. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the County from its legally available funds and that the Authority shall have no responsibility therefor. 8. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease, as amended by the Page 5 of 8 Amendment to Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board of Supervisors for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease, as amended by the Amendment to Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this Ordinance shall be subject to and dependent upon annual appropriations being made from time to time by the Board of Supervisors for such purpose. Nothing in this Ordinance, the Bonds, the Financing Lease or the Amendment to Financing Lease shall constitute a pledge of the full faith and credit of the County. 9. Tax Covenants. The Authorized Representatives are hereby authorized and directed to execute and deliver simultaneously with the issuance of any series of Bonds the interest on which is intended to be excludable from gross income for federal income tax purposes a tax certificate or agreement, or both (collectively, the "Tax Agreement") setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The proceeds from the issuance and sale of any such series of the Bonds will be invested and expended as set forth in the Tax Agreement and that the County will comply with the other covenants and representations contained in it. 10. Further Actions. (a) The Authorized Representatives and such other officers and agents either Authorized Representative may designate are hereby Page 6 of 8 authorized and directed to take further action as each deems necessary or appropriate regarding the issuance, credit enhancement and sale of the Bonds and the refunding of the Refunded Bonds, including, without limitation, (i) purchasing of one or more credit enhancements for any series of Bonds if market or other conditions so warrant, (ii) entering into supply arrangements relating to the investment of the proceeds of any series of Bonds, (iii) applying for CUSIP identification numbers and the execution and delivery of replacement bonds in connection with any partial refunding of the Series 2008 Bonds, and (iv) selecting a verification agent and escrow agent in connection with any series of Bonds. (b) All actions taken by officers and agents of the County in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. The officers and agents of the County are hereby authorized and directed to take such further actions as each deems necessary regarding the issuance and sale of any series of Bonds and all actions taken by such officers and agents in connection with the issuance and sale of any series of Bonds are hereby ratified and confirmed. 11. Exercise of Discretion and Authorizations. Any authorization of an officer of the County under this Ordinance entitles such officer to exercise his or her discretion in taking action on behalf of the County, unless expressly provided otherwise. For any authorization of the Authorized Representatives, it shall be sufficient that either Authorized Representative act in order to bind the County. The authorizations granted in this Ordinance to the County Administrator, the Director of Finance or the Clerk of the Board of Supervisors, or any combination of the foregoing, may be carried out by any Acting or Assistant County Administrator (with respect to authorizations granted to the Page 7 of 8 County Administrator), Acting or Assistant Director of Finance (with respect to authorizations granted to the Director of Finance) and any Deputy or Assistant Clerk (with respect to authorizations granted to the Clerk of the Board of Supervisors), in the absence of the primary officer. 12. Effective Date. This Ordinance shall take effect immediately. Page 8 of 8 AFF.... L. w....�.i A Roanoke County EDA Refunding of 2008 Lease Revenue Bonds Current 2008 New 2015 Fisal year Existing Debt Reissue Debt Increase/ Ending 6/30 Schedule Schedule (Decrease) 2016 $ 4,032,681 $ 4,202,509 $ 169,828 2017 4,044,231 4,213,575 169,344 2018 4,042,231 4,216,325 174,094 2019 3,569,231 3,737,775 168,544 2020 3,567,231 3,740,225 172,994 2021 3,572,031 3,744,175 172,144 2022 3,576,550 3,750,694 174,144 2023 3,575,800 3,749,444 173,644 2024 3,586,050 3,758,694 172,644 2025 3,586,550 3,757,694 171,144 2026 3,587,550 3,766,694 179,144 2027 3,593,800 3,769,944 176,144 2028 3,594,800 3,772,444 177,644 2029 3,320,550 3,493,944 173,394 2030 3,329,550 3,508,194 178,644 2031 3,333,050 3,506,850 173,800 2032 3,331,050 3,509,450 178,400 2033 3,333,550 3,510,200 176,650 2034 3,340,050 3,519,200 179,150 2035 3,346,800 3,522,450 175,650 2036 3,346,375 3,522,775 176,400 2037 3,244,800 - (3,244,800) 2038 3,244,800 - (3,244,800) Total $ 81,099,311 $ 78,273,255 $ (2,826,056) Attachment B Roanoke County EDA Refunding of 2008 Lease Revenue Bonds Fisal year Deferred Level Accelerated Ending 6/30 Savings Savings Savings 2015 $ 3,300 $ 3,189 $ 2,788 2016 4,474 87,876 662,179 2017 1,313 87,013 112,313 2018 738 88,663 112,313 2019 313 85,388 112,313 2020 4,963 87,188 112,313 2021 4,488 88,288 307,313 2022 938 851113 4,813 2023 4,563 88,363 63 2024 3,563 86,738 688 2025 3,063 85,363 1,563 2026 3,063 89,113 2,688 2027 3,563 87,988 4,063 2028 4,563 87,113 813 2029 1,188 86,488 2,938 2030 813 89,863 3,625 2031 3,006 86,956 2,631 2032 1,200 881300 1,575 2033 700 89,050 700 2034 700 89,800 4,950 2035 1,200 85,675 4,325 2036 4,475 85,075 1,975 2037 175,431 86,331 1,331 2038 3,271,737 89,338 2,644 Total bond life savings $ 3,503,355 $ 2,014,272 $ 1,462,917 Present Value Savings $ 1,729,191 $ 1,409,454 $ 1,338,925 ACTION NUMBER ITEM NUMBER H-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: Resolution approving the Secondary Roads System Six -Year Improvement Plan for fiscal years 2016 through 2021, and the Construction Priority List and Estimated Allocations for fiscal year 2016 SUBMITTED BY: APPROVED BY: David Holladay Planning Administrator Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following summarizes the changes made to this year's Secondary Roads Six -Year Improvement Plan. Roanoke County received approximately $250,087 in VDOT allocations during this current fiscal year (fiscal year 2015) for secondary road improvement projects. Roanoke County's budget for the first fiscal year in the fiscal year 2016-2021 plan is estimated to be $261,572 (an increase of $11,485). Those funds will be divided into two funding categories in the six- year plan: County -Wide Incidental Improvements and Numbered Projects, which are both briefly explained below. Countywide Incidental Improvements ($45,000) includes any operation, usually constructed within one year, which changes the type, width, length, location, or gradient of a road, facility, or structure. Funds may also provide for the addition of features not originally provided for a road, facility or structure. Some of the services included under this category include subdivision plan review, right-of-way engineering, preliminary engineering and surveys, traffic services, safety projects, minor drainage improvements, fertilization and seeding. Another item that has historically been included in this category is the Rural Page 1 of 2 Addition Program. VDOT is not allocating any funds to the County for the program. The Rural Addition Program has a balance of $186,126, and will fund the construction of Harmony Lane, located in the 6500 block of Bent Mountain Road. Numbered Projects (approximately $217,000) account forthe bulk of Roanoke County's allocation of funds. Of the seven numbered projects in this year's plan, Cotton Hill Road and Moncap Trail are scheduled to receive funding this year. Construction is complete on Colonial Avenue and Catawba Creek Road. Rocky Road is fully funded and under construction. McVitty Road and Old Cave Spring Road will not receive additional funding this year, as construction funds from both projects were transferred to Cotton Hill Road. Moncap Trail will begin receiving unpaved roads funds in fiscal year 2016. In accordance with Section 33.1-70.1 of the Code of Virginia, as amended, the Board of Supervisors is required to conduct a public hearing on the Secondary Roads System Six - Year Improvement Plan to receive public comments. FISCAL IMPACT: None ALTERNATIVES: 1. Adopt the resolution approving the Secondary Roads System Six -Year Improvement Plan for fiscal years 2016-2021 and the construction priority list and estimated allocations for fiscal year 2016. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON JUNE 9, 2015 RESOLUTION APPROVING THE SECONDARY SIX-YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2016 THROUGH 2021 AND THE CONSTRUCTION PRIORITY LIST AND ESTIMATED ALLOCATIONS FOR FISCAL YEAR 2016 WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provides the opportunity for Roanoke County to work with the Virginia Department of Transportation in developing a Secondary Six -Year Road Improvement Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of the Secondary Six -Year Road Improvement Plan, in accordance with Virginia Department of Transportation policies and procedures; and WHEREAS, a public hearing which was duly advertised on the proposed Secondary Six -Year Improvement Plan for fiscal years 2016-2021 and Construction Priority List and Estimated Allocations for fiscal year 2016 was held on June 9, 2015, to receive comments and recommendations on Roanoke County's Secondary Six -Year Road Improvement Plan for fiscal years 2016-2021 as well as the Construction Priority List and Estimated Allocations for fiscal year 2016; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve the Secondary Six -Year Road Improvement Plan for Roanoke County for fiscal years 2016-2021; BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby approve the Construction Priority List and Estimated Allocations for fiscal year 2016; BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Page 1 of 2 Office along with a duly attested copy of the proposed Roanoke County Secondary Six - Year Road Improvement Plan for fiscal years 2016-2021 by the Deputy Clerk to the I=M 0.1 Page 2 of 2 01 6 0 O Q Q Q -6 m O m `o .E E Q U a) N a) af v 0 a) rn m IL I In O N O O O O O O O O O N M_ ER M V ER ER ER ER ER ER ER ER ER O ~I � � I ER I O O N O O O O O O O O O N ER ER I� N V3 V3 V3 V3 V3 V3 V3 V3 V3 o1 LL I N _ O 1 N O � O 6% N N O 6% O 6% O 6% O 6% O 6% 6% O ER O O 6% 6% 01 N N � N LL I 1 (O NER � O N IQ N O V3 O V3 O V3 O V3 O V3 O V3 O V3 O O V3 V3 1 co S_ u) } It 6% N o (LI 0 I O L U o 1 V O V> N0 V> O V> O V> O V> O V> O V> O V> O O V> V> U — Q LQ L < O 1 o 0 EIt N � I 70 o 0 (1) C C D —I o m m 1 0�♦ 0 u) 1= y/ 0 V r O 6% N r O 6% O 6% O 6% O 6% O 6% O 6% O 6% O O 6% 6% C/)0 U) LQ LQ U uJ N I M(� LL 1 1 (p 1 ON 6% r N O 6% O (R O (R O (R O (R O (R O (R O O (R (R 01 6% N LL 1 1 a) U) m O m 1 > `6E Q > p O U Q N m N i d CL m m Ul d E a> (n m a) a) m E E 3 1� O -O a) p U m `p p m -01 m v u, a a) E '� a) a) (D � LL 1 U U) H W- U) (i (i 2 m O U (i 01 6 0 O Q Q Q -6 m O m `o .E E Q U a) N a) af v 0 a) rn m IL T O N U m Y � E o o o m 'o (n 0 fr a U T ¢ 6 0 U m O N 0) IL Q LL Q � LL Q 6 N a N a ¢ N a o N i 0 a° N i O 3 U a° N i o ° o O l ° o O 3 `o Y ¢ E o UN ¢ U > O Ul 6I 3 O O 3 O 'T N. 3 N O O O O O OE tF O E N O O N x O O U O O O0 aQOO O N UOO O 0 U) U aM U) m U U) LL O a' O m Q U O r W N U O N O m E O m U O O O O O O O O O O O O N O N L N N O N y O N O O O O O O O O O O O O N O N O L LQ O � N � N Q Z O N fA fA O p o 0 0 0 0 o r o r o 0 o in o in cc J J O O M M QO W J ¢ o 0 0 0 o r o r o 0 o m o m U 0 W O UAk W Q O O O O O O N O N O O O O O O O N N o N O O O O O O N O N O O O O O O O (O (O N N N O � � N m 6 r n ci n O o in N c n v m in v m r � ro M fA M O r M (O M M r (O (O N N r r 0 OD M N p G N N r N WW M N N m r (O O N (O (O O G > r r w (O (O N V N (OV fAOD C'! 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ITEM NO. 1.1-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 9, 2015 Appointments to Committees, Commissions and Boards Deborah C. Jacks Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District): The following one-year term expired on August 31, 2012: a) Becky Walter, representing the Hollins Magisterial District; Ms. Walter has served three consecutive terms and therefore cannot be reappointed. The following one-year terms expired on August 31, 2014: a) Jason B. Moretz, representing the Windsor Hills Magisterial District; Mr. Moretz is eligible for reappointment 2. Clean Valley Counsel (At Large) Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three- year term expires June 30, 2015. 3. Economic Development Authority (appointed by District) The following four-year term expired on September 26, 2014: a) Paul Henkel, representing the Hollins Magisterial District; Mr. Henkel is eligible for reappointment Page 1 of 2 4. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following three-year terms will expire on June 30, 2015: a) Atul Patel, representing the Windsor Hills Magisterial District has resigned his appointment effective August 27, 2014. b) Max Beyer, representing the Hollins Magisterial District; Mr. Beyer is eligible for reappointment. c) Larry Peterson, representing the Catawba Magisterial District; Mr. Peterson is eligible for reappointment. d) Donna Wooldridge, representing the Catawba Magisterial District; Ms. Wooldridge is eligible for reappointment. e) Richard W. Tomlinson, representing the Vinton Magisterial District; Mr. Tomlinson is eligible for reappointment. Page 2 of 2 J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows.. That the certain section of the agenda of the Board of Supervisors for June 9, 2015, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows.. 1. Approval of minutes — May 12, 2015 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Linda Bolen, Records Technician II, upon her retirement after more than thirty-three (33) years of service 3. Request to approve the Fiscal Agent Agreement with the Regional Center for Animal Control and Protection 4. Confirmation of appointment to the Board of Zoning Appeals (appointed by District) Page 1 of 1 ACTION NO. ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 9, 2015 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Linda Bolen, Records Technician II, upon her retirement after more than thirty-three (33) years of service SUBMITTED BY: Deborah C. Jacks Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ms. Linda Bolen, Records Technician II, retired on June 1, 2015, after more than thirty- three years and six (6) months of service with the Roanoke County Police Department. Ms. Bolen is unable to attend the meeting and her resolution and quilt will be mailed to her home. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 9, 2015 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA BOLEN, RECORDS TECHNICIAN II, UPON HER RETIREMENT AFTER MORE THAN THIRTY- THREE (33) YEARS OF SERVICE WHEREAS, Linda Bolen was employed by Roanoke County on November 23, 1981 and has served as Data Entry Operator, Police Records Clerk, Records Technician I and Records Technician II during her tenure; and WHEREAS, Ms. Bolen retired on June 1, 2015, after thirty-three (33) years and six (6) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Bolen throughout her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout Ms. Bolen's careerwith Roanoke County, she was an active party and witness to the expansion and growth of the Police Department. Ms. Bolen experienced the transition from Sheriff's Office to Police Department. With the expansion and progression of the Department, she also experienced the technology changes throughout the years that greatly affected her duties as a Records Technician. Ms. Bolen was able to adapt to the changes in technology as well as the increase in the number of officers. Ms. Bolen was widely respected by her co-workers in the Records Unit as well as by officers and supervisors of the Department. Ms. Bolen, while maintaining a high level of professionalism and job knowledge, was always quick witted and humorous in her interactions. This attitude made her easily approachable for all Department personnel. Ms. Bolen's personality, attitude, job knowledge and never ceasing smile will be missed in Page 1 of 2 the Roanoke County Police Department. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to LINDA BOLEN for more than thirty-three (33) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 ACTION NO. ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 9, 2015 Request to approve the Fiscal Agent Agreement with the Regional Center for Animal Control and Protection Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke currently serves as fiscal agent for Regional Center for Animal Control and Protection (RCACP). This arrangement will expire June 30, 2015. The attached fiscal agent agreement outlines the services provided by Roanoke County and renews the contract. The agreement assumes no increase in fiscal agent fees for 2015-2016. A three percent (3%) increase in fees yielding $51,912 for fiscal year ending June 30, 2017, is assumed. FISCAL IMPACT: The RCACP will pay the County of Roanoke $50,400 in fiscal year 2015-2016 to provide fiscal agent services. This cost was included in the RCACP's approved 2015-2016 fiscal year budget, although fiscal agent fees will increase to $51,912 for fiscal year 2016-2017 The revenue of the fiscal agent fees was included in the County appropriation ordinance approved by the Board on May 26, 2015. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approval of the attached fiscal agent agreement with the Regional Center for Animal Control and Protection, and authorization of the County Administrator to sign the agreement. Page 2 of 2 Fiscal Agent Agreement Between The County of Roanoke, And The Regional Center for Animal Care and Protection This agreement is made the 9t" day of June, 2015, by and between the Board of Supervisors of Roanoke County ("County"), a political subdivision and county of the Commonwealth of Virginia, and The Regional Center for Animal Care and Protection, an intergovernmental agreement between the County of Roanoke, City of Roanoke, Town of Vinton, and Botetourt County. RECITALS 1. The Regional Center for Animal Care and Protection (Regional Pound) was created by an intergovernmental agreement dated December 11, 2012 between the charter members of the City of Roanoke, County of Roanoke, Town of Vinton, and Botetourt County pursuant to code section 3.26546 of the Code of Virginia which requires the governing body of each county, town, or city to maintain or cause a "pound" to be maintained and allows one or more local governing bodies to operate a single "pound" in conjunction with one another. 2. Section 3.2 of the intergovernmental agreement designates the County of Roanoke to be the fiscal agent until otherwise agreed to by a unanimous vote of the Executive Committee, and the fiscal agent is required to maintain a program account for the receipt of funds paid by the Participating Localities and fees paid by the general public, and for payment expenses for the operation, maintenance, repairs, and capital improvements to the Regional Pound. AGREEMENT The County is hereby authorized to serve as Fiscal Agent for the Regional Pound as set forth herein. As such, the Regional Pound and the County agree to the provisions outlined below: 1. Maintenance of Books. The County will establish a separate fund(s) on the County financial system to maintain the financial records of the Regional Pound. 2. Pooled Cash. As part of the overall pooled cash concept that is used by the County, the cash of the Regional Pound will be accounted for separately but may be pooled with the cash of the County and other agencies that the County serves as fiscal agent. As such, the Treasurer of the County is authorized to make investments for the pooled cash in accordance with applicable law, including, without limitation, the Investment of Public Funds Act, 2.2-4500 et seq., Code of Virginia (1950), as amended, 1 and the Virginia Security for Public Deposits Act, 2.2-4400 et seq., Code of Virginia (1950), as amended . 3. Negative Cash. As a participant in the pooled cash concept of the County, the Regional Pound may have a negative cash balance from time to time. The Regional Pound agrees to minimize the negative cash to the extent possible. The cash balance must be positive at the end of the fiscal year. 4. Interest Income. At the end of each month, the County allocates interest income earned during that month to all of the funds based upon the percentage participation on the pooled cash. If the net interest income is negative at the end of a month, then negative interest will be allocated to the fund. 5. Loss on Investments. In the unlikely event that the County pooled cash has a loss on an investment through default, market decline, or other reason except for negligence, theft, or legal violations by the County and/or its agents, the Regional Pound will share in the loss using the methodology described in paragraph 4. 6. Revenues. All revenues of the Regional Pound will be deposited with the County Treasurer. 7. Payment of Vendors. The County will make vendor payments for the Regional Pound. These payments will be made in a manner consistent with County procedures. These payments will be combined into the normal County vendor payment process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on County checks. Reference to the Regional Pound may be made on the description line of the check. 8. Payment of Payroll. The County will process the payroll for the Regional Pound. These payments will be made in a manner consistent with County procedures and follow the County payroll cycle. 9. Processing of Payroll Taxes. The County will file all payroll taxes for the Regional Pound. 10. Procurement. The County is available for consulting on Procurement activities as requested by the Regional Pound. 11. Risk Management. The County is available for consulting on insurance coverage as requested by the Regional Pound. The Regional Pound will be charged directly for the costs associated with worker's compensation, insurance for property and equipment, and the cost of health insurance not covered by premiums. 12. Financial Reports. The County will work with the Regional Pound staff and Executive Committee to provide meaningful financial reports, as needed, for the Regional Pound on a mutually convenient schedule. This will include monthly and annual financial reports prepared for the Regional Pound's scheduled Executive meetings. 13. Systems. The County will provide access to the County's Financial System. 14. Audit. The County will assemble a review team that will include staff of the Regional Pound and the County. This team will procure an audit firm to conduct the Regional Pound's annual audit. The County will work with the auditors selected to prepare the audit of the Regional Pound. The Regional Pound will maintain overall responsibility for the integrity of the Regional Pound's financial records that are provided to the County and the auditor. The Regional Pound will be charged for the cost of the audit. 15. Errors and Omissions. It is the responsibility of the Regional Pound to ensure that all of the Regional Pound's financial information which shall be provided to the County and\or any audit firm procured by the County on behalf of the Regional Pound is correct, accurate, and complete. 16. Ownership. All funds and obligations of the Regional Pound are the property of the Regional Pound. Upon termination of this Agreement, all funds and obligations will be remitted to the Regional Pound, or its new fiscal agent. 17. Cost. The fiscal agent services outlined above will be provided to the Regional Pound for a fee of $4,200.00 a month ($50,400.00 annually) for fiscal year ending June 30, 2016 and a fee of $4,326.00 a month ($51,912.00 annually) for fiscal year ending June 30, 2017. The County has permission to transfer funds from the Regional Pound funds to the County funds by journal entry to pay for this service. 18. Term. This agreement shall begin on July 1, 2015 and shall terminate on June 30, 2017. Further, either the County or the Regional Pound may terminate at any time with one year written notice to the other. In witness whereof, the parties have caused this Fiscal Agent Agreement to be executed by their authorized officers. By: BOARD OF SUPERVISORS OF ROANOKE COUNTY Its: COUNTY ADMINISTRATOR 3 Its: COUNTY ATTORNEY REGIONAL CENTER FOR ANIMAL CARE AND PROTECTION in Its: Chief Executive Officer Approved as to form: Its: General COUNSEL ACTION NO. ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 9, 2015 Confirmation of appointment to the Board of Zoning Appeals (appointed by District) Deborah C. Jacks Deputy Clerk to the Board Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Board of Zoning Appeals (appointed by District): Supervisor Peters has recommended the reappointment of W. Eric Thomas for an additional five-year term. This appointment, if approved, will expire June 30, 2020. Page 1 of 1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Audited balance at June 30, 2014 $ 21,266,557 Addition of 2013-14 operations 532,638 L-1 % of General Fund Revenue 11.00% * Balance at June 9, 2015 $ 21,799,195 11.00% ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2013-14 - Goal of 11 % of General Fund Revenues 2013-14 General Fund Revenues 11 % of General Fund Revenues ** 2014-15 - Goal of 11 % of General Fund Revenues 2014-15 General Fund Revenues 11 % of General Fund Revenues $193,332,334 $21,266,557 $198,174,499 $21,799,195 The Unappropriated Fund Balance of the County is currently maintained at the goal of 11.00%. Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Audited balance at June 30, 2014 Addition of 2013-14 operations Fire Truck Loan Repayment for 2014-15 July 8, 2014 Appropriation for replacement of Financial System August 12, 2014 Appropriation for construction of Water Spheroid Water Tower Design March 24, 2015 Appropriation for the purchase of four automated solid waste vehicles Balance at June 9, 2015 L-2 Amount $ 3,407,630 605,096 300,000 (1,500,000) (200,000) ($1,000,000) $ 1,612,726 Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited balance at June 30, 2014 $ 1,295,364 Addition of 2013-14 operations 1,305,748 Balance at June 9, 2015 Technoloav Caoital Reserve $ 2,601,112 (Projects identified and prioritized by the Technology Governance Committee and approved by the County Administrator.) Audited balance at June 30, 2014 $ 121,137 Addition of 2013-14 operations 192,921 Balance at June 9, 2015 $ 314,058 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator L-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Balance at June 9, 2015 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator $ 41,464 Amount From 2014-2015 Original Budget $ 100,000 Addition from 2013-14 operations 28,231 June 10, 2014 Transfer funds for Special Assistant for Legislative Relations (33,080) October 14, 2014 Transfer funds to Hidden Valley High School for repairs to track (28,231) May 12, 2015 Transfer funds for the June 9, 2015 Republican Primary Election $ (18,910) May 12, 2015 Transfer funds for the Appalachian Power Company negotiations $ (6,546) Balance at June 9, 2015 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator $ 41,464 L-4 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator Outstanding Outstanding June 30, 2014 Additions Deletions June 9, 2015 General Obligation Bonds $ 6,150,390 $ - $ 818,154 $ 5,332,236 VPSA School Bonds 92,638,652 19,973,906 8,301,435 104,311,123 State Literary Loans 2,273,592 - 447,817 1,825,775 Lease Revenue Bonds 79,182,582 - 2,213,212 76,969,370 Capital Lease obligation 849,437 - 107,921 741,516 $ 181, 094, 653 $ 19, 973, 906 $ 11, 888, 539 - $ 189,180, 020 Submitted By Rebecca E. Owens Director of Finance Approved By Thomas C. Gates County Administrator ACTION NO. ITEM NO. N-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: June 9, 2015 Work session to discuss the Western Virginia Regional Industrial Facility Authority Site Study Results Deborah C. Jacks Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for Beth Doughty, Executive Director of the Roanoke Regional Partnership to review with the Board of Supervisors the Western Virginia Regional Industrial Facility Authority Site Study results. 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N-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: June 9, 2015 Work session to discuss Roanoke County's Legislative Program and preparation for the 2016 session of the Virginia General Assembly Paul M. Mahoney County Attorney SUMMARY OF INFORMATION: Eldon James, Roanoke County's Legislative Liaison, will review the results of the County's legislative proposals in the 2015 session of the Virginia General Assembly, and the Legislative Liaison and County Attorney will discuss legislative initiatives for the 2016 session. Based upon the Board's direction, Mr. James and County staff will attempt to schedule meetings with local legislators to begin discussing these initiatives. On November 18, 2014, the Board adopted a resolution for its 2015 legislative program. The County enjoyed mixed success with respect to these legislative initiatives. Set out below are the topics identified in this resolution. (1) Oppose the elimination of the authority of local governments to adopt business, professional and occupation license taxes (BPOL) and Machinery & Tools taxes (M&T). These local taxes comprise approximately six percent (6%) of Roanoke County's local tax revenues or $8,000,000 annually. (2) Support various public highway issues, including: a. Restoring Secondary Road Funding (VDOT) from the Commonwealth to localities/counties, so that local governments have a source of funds to address local road projects (as they did previously). b. Supporting Commonwealth Transportation Board funding for specific highway projects: widening 1-81, improvements to S.R. 419, and improvements to S.R. 220 and/or funding for 1-73. c. Supporting legislative direction to VDOT to maintain primary roads and urbanized entry corridors in Metropolitan Planning Organizations to the same standard required by local ordinances for the cutting of grass and Page 1 of 3 weeds. This initiative would promote urban development areas for economic development and growth (3) Support legislation placing the Virginia Department of Social Services (VDSS) under the Administrative Process Act (Sec. 2.2-4000, et seq.) of the Code of Virginia. VDSS is not currently subject to the procedural due process protections found in the Administrative Process Act like other state agencies. This would provide the County with an opportunity to address changes in rules and regulations developed by VDSS. (4) Eliminate the requirement for publishing legal notices in newspapers. Roanoke County spent over $18,000 in legal notice publication costs last year. Paid circulation of newspapers is dropping. More citizens are getting their information from the internet. (5) Amend Sec. 15.2-901.0 and D of the Code of Virginia to increase the authority of local governments to impose civil penalties for violations of local ordinances requiring the removal of trash or cutting of grass and weeds or prohibiting littering. Currently the civil penalty is limited to $50 for the first violation and $200 for subsequent violations within a 12 month period. (6) Workforce Training. State funding — in the form of performance incentives for the completion of industry recognized credentials — should be invested to lower the cost of training and instruction for students and enable community colleges to expand their capacity to meet this vital need of business, industry, and Virginia's economy. Using a performance-based funding model, community colleges should receive state funds for each student who successfully completes training at a community college through noncredit workforce training and then obtains — through a third -party validation process — an industry recognized -credential identified regionally as high demand by business and industry. (7) Board Member Salaries. Repeal all of the provisions in Article 1.1 of Chapter 15 of Title15.2 relating to salaries of members of local governing bodies, and require that any salary increase be approved at referendum. Page 2 of 3 2015 Legislative Issues The following items have been identified as possible legislative initiatives for the 2015 General Assembly. (a) The Board continues to be concerned about funding for public highways, including: a. Restoring funds for the Revenue Sharing Program, so that local governments have a source of funds to address local road projects (as they did previously) in partnership with VDOT. The Commonwealth Transportation Board has adopted a policy to reduce this funding source from $185 Million in fiscal year 2016 to $50 Million in fiscal year 2020. b. Supporting Commonwealth Transportation Board funding for specific highway projects: widening 1-81, improvements to S.R. 419, and improvements to S.R. 220 and/or funding for 1-73. c. Supporting legislative direction to VDOT to maintain primary roads and urbanized entry corridors in Metropolitan Planning Organizations to the same standard required by local ordinances for the cutting of grass and weeds. This initiative would promote urban development areas for economic development and growth (b) Funding for replacing WINvote touchscreen voting machines. The State Board of Elections decertified these voting machines after the 2015 General Assembly session adjourned. This action compelled Roanoke County to appropriate $400,000 to replace 136 voting machines. Request State funding to assist localities in acquiring new, certified voting machines. STAFF RECOMMENDATION: It is recommended that the Board discuss its initiatives, key topics and concerns for the 2016 session of the Virginia General Assembly. Mr. James and County staff will begin discussing these legislative initiatives with members of the Roanoke Valley legislative delegation in preparation for the 2016 session. Page 3 of 3