Loading...
HomeMy WebLinkAbout5/24/2016 - Regular May 24, 2016 241 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of May 2016. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: OPENING CEREMONIES Before the meeting was called to order an invocation was given by Pastor Nathan Anderson of Brookhill Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Peters called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman P. Jason Peters,Supervisors George G. Assaid, Al Bedrosian, Martha B. Hooker and Joseph P. McNamara MEMBERS ABSENT: None STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R. O’Donnell, Assistant County Administrator; Richard Caywood, Assistant County Administrator; Ruth Ellen Kuhnel, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS There were none. Supervisor Bedrosian inquired if citizens could speak before the vote on the budget with Chairman Peters responding he was already planning to. May 24, 2016 242 IN RE: FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $14,000 to the Roanoke County Public Schools from the Virginia Department of Education for Science, Technology, Engineering and Math Recruitment and Retention Incentive Awards(Rebecca Owens, Director of Finance) Ms. Owens outlined the ordinance. There was no discussion. Supervisor Peters’ motion to approve first reading and set the second reading for June 14, 2016 was seconded by Supervisor Hooker and approved by the following vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. Ordinance authorizing the vacation of a 0.014 acre portion of a right-of-way shown as Dawn Marie Court on the plat of Section No. 1, Hanging Rock Estates, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Plat Book 18, Page 156 and located in the Catawba Magisterial District(Arnold Covey, Director of Community Development) Chairman Peters opened and closed the public hearing with no citizens to speak on this item. Supervisor Hooker’s motion to approve first reading and set the second reading for June 14, 2016 was seconded by Supervisor McNamara and approved by the following vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance approving Botetourt County's request to join the Roanoke Valley Greenway Commission and to adopt The Amended and Restated Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission (Doug Blount, Director of Parks, Recreation and Tourism) May 24, 2016 243 Mr. Blount advised no changes from first reading. There was no discussion. ORDINANCE 052416-1 APPROVING BOTETOURT COUNTY'S REQUEST TO JOIN THE ROANOKE VALLEY GREENWAY COMMISSION AND TO ADOPT THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION WHEREAS, in 1997, the City of Roanoke, the City of Salem, the County of Roanoke and the Town of Vinton entered into an intergovernmental agreement to form the Roanoke Valley Greenway Commission ("Greenway Commission"); and WHEREAS, the purpose of the Greenway Commission is to plan and support a network of greenways and trails throughout the member localities; and WHEREAS, since that time, much has been accomplished towards that goal, and greenways have become a defining part of our region's identity; and WHEREAS, the Botetourt County Board of Supervisors has, in a Resolution issued on October 27, 2015, requested to join the Greenway Commission as a member locality; and WHEREAS, the intergovernmental agreement which established the Greenway Commission states that a new member may join if unanimously approved through adoption of an ordinance by each of the current member localities; and WHEREAS, the Greenway Commission has thoroughly considered the matter and recommended, in a Resolution numbered 2016-03-001 and issued on March 23, 2016, to the member localities that they approve Botetourt County's request; and WHEREAS, upon its recommendation to approve Botetourt County's request, the Greenway Commission has prepared an Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission, which has been revised, in part, to include Botetourt County as a member locality; and WHEREAS, the first reading of this ordinance was held on May 10, 2016, and the second reading was held on May 24, 2016; and NOW THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Botetourt County's request to join the Roanoke Valley Greenway Commission is approved. 2. That the County Administrator is hereby authorized to execute the Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission upon such form as approved by the County Attorney. 3. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor McNamara to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: May 24, 2016 244 AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 2Ordinance accepting and appropriating grant funds in the amount . of $1,053,858.75 from the National Highway Traffic Safety Administration for a Roanoke Valley Driving under the Influence (DUI) task force (Howard B. Hall, Chief of Police) Chief Hall advised no changes from the first reading. There was no discussion. ORDINANCE 052416-2 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,053,858.75 FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION FOR A ROANOKE VALLEY DRIVING UNDER THE INFLUENCE (DUI) TASK FORCE WHEREAS, the Virginia Highway Safety Office has provided funding for several DUI Task Forces throughout the Commonwealth; and WHEREAS, although the prevalence of DUI related fatalities in the Roanoke Valley is lower than the national average, the problem of impaired driving persists; and WHEREAS, the Roanoke County Police Department has been awarded a grant from the National Highway Traffic Safety Administration through the Virginia Department of Motor Vehicles to create a DUI Task Force; and WHEREAS, this task force will be the first grant funded, multi-jurisdictional effort in the Commonwealth of Virginia; and WHEREAS, the grant will provide $843,087.00 federal funds and requires a County match of $210,771.75, which will be provided through in-kind maintenance and supplies; and WHEREAS, the grant funds will be used to cover the salary, benefits, equipment and vehicles for six (6) positions to decrease alcohol fatalities in the Roanoke Valley through efforts of this grant; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on May 10, 2016, and the second reading was held on May 24, 2016. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $1,053,858.75 is hereby accepted and appropriated from the National Highway Traffic Safety Administration to the Police Department; and May 24, 2016 245 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Hooker was carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: ADOPTION OF PROPOSED BUDGET AND SECOND READING OF ORDINANCE 1Resolution adopting the fiscal year 2016-2017 budget, the fiscal . year 2016-2017 capital budget, and the fiscal year 2017-2026 Capital Improvement Program for Roanoke County, Virginia (Christopher Bever, Director of Management and Budget) The following citizens spoke: Jenine Culligan from the Eleanor D. Wilson Museum at Hollins University stated she was commenting on the recent notice she received regarding the approved outside agency funding. As you know, in the original budget the Eleanor D. Wilson Museum had been approved to receive funds for the coming 2016-2017 fiscal year, however, at the first reading the funding was dropped to zero. She is here to request that the Board of Supervisors revisit the grant submitted for the Eleanor D. Wilson Museum at Hollins University and hopefully reconsidered that reversal. She moved to Roanoke one year ago to become the director of the museum at Hollins and her mandate is to make the museum more visible and accessible to the citizens of Roanoke County and the surrounding area and to reach out to the community by offering exciting art exhibitions for the viewing pleasure, educational programs for children, adults and artists in this region. The Eleanor D. Wilson Museum has been receiving funds from Roanoke County since 2009 and those funds have allowed them us to go into the schools, we have done a number of programs, presented a number of exhibits, brought in artists to present workshops and lectures and also established a resource room thanks to the County within the museum that allows hands on activities. She put into place a once a month free program called “Kids make Art.” It is an exciting, fun-filled program. Right now it is taught by a local artist, Polly Branch. It offers hands-on art activities and movement and dance. We launched this program in November and through social media and word of mouth we have served over 150 very happy children and she is hoping that we can continue this and this year the grant focus is on that program and also workshops for area art teachers and presenting a high school art exhibit at Hollins University. May 24, 2016 246 We are fortunate to be affiliated with an amazing private university. In 2004, the Hollins alumni left an endowment to construct the museum, we have an annual draw from that endowment and staff salaries and benefits come from that draw as well as the facilities budget. For every exhibition and every program we do have to raise funds and so we due rely on outside funding for that. She is sincerely grateful for the funds they have received through Roanoke County in the past and the connections and collaborations this has helped form and we hope to sustain these. As the only art museum in the County, we endeavor to be good stewards and we hope to continue to provide cultural and artistic outreach to families and individuals who live in Roanoke County. Kit Hale of MKB Realtors stated he was here to speak respectfully on the broadband issue in the budget that the Board is considering. He is a resident of Roanoke City, but a business owner in Roanoke County, broker and one of the owners of MKB Realtors just right around the corner. We enjoy operating their business in Roanoke County and contribute quite generous to your BPOL tax of a little more than $5 million gross receipts last year. He is going to read a statement from the broadband and internet providers’ website that he copied and pasted just before this meeting. He will not mention any names, but will say from the website, they say that we cannot guarantee uninterrupted or error free internet service or the speed of your service. Rates and bandwidth options vary and are subject to change. He gets that; he understands technology is not a perfect item and that there is no guarantees out there in that arena and many others, but, if they cannot guarantee reliable service he has no options as a business owner. There was a time when our data, our multiple-listing system was distributed in books and we held those books dear to their hearts. Internet and technology really did not play a role back then. Fast forward to today, our business relies on reliable internet service and his bottom line relies on competitive providers. Not only competition in terms of providers, but when he has to compete with other real estate firms in other jurisdictions, it could potentially put him at a competitive disadvantage if he does not have choices and right now in his company right around the corner, he only has one choice for the speed and the width of the broadband. So, from their perspective as a realtor in the real estate business, we are also very keenly interested in economic development and he believes it would put our entire valley at a competitive advantage if we had broadband throughout. Donald Koop stated he is a resident of 6700 Christopher Drive in Roanoke, 24018 and is here to speak on the issue of spending taxpayer money to extend broadband cable coverage under a Broadband Authority. This matter has become controversial because of the disagreement among your members as to whether this extension is needed or whether it is being provided by private sector suppliers. He is here today because he was contacted by Mr. Bedrosian who has my contact information through prior associations. He is not here because he was informed by the Board-in-general of a topic of great importance on today's agenda. Perhaps I simply missed it. This issue, like one other he addressed several years ago, involves several May 24, 2016 247 millions of dollars, an amount he still thinks of as a lot of money. The Cotton Hill Road project, originally at $5.5M - now at $6.5M, was and still is of dubious value in my mind. This current cable project is in the same category. The issue seems to be a matter of, “What are the facts?” Full-page newspaper presentations list one set of "facts." The Board majority seems to have accepted a different set. The proper resolution is broad public discussion of the issue. While you may feel that is what you were elected to do, the electorate may conclude that - at least in this case - you didn't do it well. You weren't open and above board about it; you appear to have been pulled into it by one member. It's time to get this settled without rushing to vote it in as part of the annual budget. Dave Mason of 3302 Kenwick Trail in Roanoke, Virginia stated he lives in Cave Spring and waives no rights. It has been nearly seven months since he has been living in Roanoke County. During this time, the Roanoke County Board has been an object of bafflement. What he could not explain to himself is how one Board member could be asking all the right questions on broadband and the rest of the Board so at odds. Furthermore, and by all appearances, most of the Board has been resistant to searching out the actual factual information whatsoever on the broadband project. Well, with the last work session of May 10, 2016, bafflement has capitulated. In the work session, one Supervisor could not locate the cable button. Another thought that all fiber optic cable is created unequal. The government paid expert, contrary to all expectation, proved largely to buttress the case of those standing against the broadband subsidy. The County Administrator stumbled rather ineffectively all over the lot and all this fumbling going on with millions of indebtedness sitting on the table. Were this not bad enough, he has read over in detail the Roanoke County loan application. He saw a lot of assertions made, but no real collaborative evidence. However, this project is to be carried off and not end up a Bristol-like debacle, is a mystery. The list of probably clients for the Roanoke County project is mostly public schools with a sprinkling of a few government entities and the Schools already have high-speed broadband access as we found out in the work session and so where is the pay-down of debt going to come from; evidently, from wishful thinking. The people are overwhelmingly against the project and you therefore should vote down the subsidy. Scott Faw stated he lives in the Windsor Hills District of Roanoke County and also owns a small business serving the Windsor Hill Community. He wanted to take a minute to tell you about having to compete with a taxpayer funded business and why it is not a good idea to create business ventures as a government entity that competes directly with local business. My business offers small packaging and shipping services directly competing with the US Postal Service. Every day we have customers walk out of our store to go to the local Post Office due to price. Every dollar that walks out of my door is a dollar taken from private enterprise that could be used for pay, benefits, or charity work. Those dollars also circumvent the tax system by going into the exempted governments account. These dollars would directly help the citizens of Roanoke if kept in my store. The interesting thing about this competition from the Government is that the US Postal Service operates in the RED every year. A business operating in the RED is May 24, 2016 248 selling a product or service at a cost that is lower than what it costs to provide. In the case of the US Postal Service they are able to do this by tapping into their line of credit issued by The US Treasury. That is pretty convenient. You may be asking what in the world this has to do with Roanoke and Broadband service provided by a Government Authority. Well here is my answer to that. Every dollar that my business makes ends up in someone's paycheck. Every paycheck has Federal Withholding that goes into The US Treasury. Every dollar my business makes is taxed locally by the business license that is required to do business in Roanoke. Essentially I am providing money to the US Treasury to use in direct competition of my private business. They take my deposited withholdings and allow the US Postal Service to use those dollars to supplement selling the same service my business sells but at a loss. If we as Roanoke County buy into a business that directly competes with our private vendors of the same service we are doing nothing but growing government bigger for the sake of being bigger. Cox Communications has invested millions of dollars in the Roanoke Valley and has created many good jobs for the area. Buying into the broadband authority directly undermines the investment they have made. Just as my business provides money to the Postal Service to be able to compete with me at a loss, Cox will now be contributing to the local tax revenue system so that the dollars can be used to sell the service at a loss. This is not the role of Government. We should be offering Cox information pertinent to what the needs of the community are as a partner in the valley not as a competitor of revenue. The groups that are wanting this pushed along are doing so under the guise of having the authority to create a business of a commodity. If this doesn't sway your opinion then the fact that for the last several years we have not been able to properly maintain strips of grass in our medians due to costs should tell you that spending SMM dollars to build a service already available is not a good idea. Please cut this portion of the budget and work to make Roanoke County more fiscally responsible. Chris Proctor of 4315 Colonial Avenue advised he is the Headmaster at North Cross school stated North Cross school is a an $8 million a year business here in Roanoke County with about 100 employees. In September, they opened a second campus in Shanghai China and within two years we will have another with three campuses in China. Our ability to interact with the world is largely dependent upon our ability to have broadband access for everything from streaming classes, meetings, business meetings interviews, student interviews. This is a critical part of the growth of Roanoke. As he has said in recent communication to his parents, he sees what we are going right now as part of the growth of Roanoke. He sees broadband access for prospective small businesses to increase their reach to the Far East or to places around the United States as an important part of being able to grow businesses here in Roanoke County. May 24, 2016 249 He realizes that he does not pay any taxes in Roanoke County, as they are a tax exempt organization, but they do have a hundred employees, many of whom do live in the County. Our ability to grow and bring an estimated $1 million to $1.5 million in the next two years annually in revenue back to Roanoke County depends on their ability to deal with our foreign operations. Just being a small business that can grow with good broadband connectivity. Max Beyer of 2402 Coachman Drive stated he would like to address the broadband in the capital budget. The County currently has many underserved areas. The proposal does not address those, but provides coverage in areas that are already served by private companies, i.e. Cox, Verizon, Comcast. The proposed line will provide redundant service and competition to these companies and if successful will initially result in taking business from these private companies. Broadband service is not a utility as some have suggested. Providing the service is not like providing water and sewer service. Competition can exist where multiple companies can work successfully in the same service area. Where the nature of business does not permit multiple companies, there is a recognized need for government intervention and control. Utilities such as the Western Virginia Water Authority is government owned to provide an essential and efficient service to avoid creating a monopoly. Electrical power is provided by a monopoly with government oversight by the State Corporation Commission (SEC). Broadband is a commodity similar to natural gas, which is provided by several entities in competition that is prevalent. Competition does produce lower price and we have seen evidence already. If the Roanoke Valley Broadband Authority (RVBA) is successful, it will be due to taxpayer subsidizing users first through financing arrangement for infrastructure and later through subsidized rates in order for the Authority to remain viable. On the upside, government ownership can facilitate a climate for retaining businesses through special deals and rates, but local governments will be picking winners and losers in our regional economy rather than allowing the marketplace to make these decisions. Later, after private companies have been driven out by the business in this region, the Authority can charge whatever it desires since it will be a monopoly. Instead of being able to select among several providers, citizen users will have to negotiate rates with local politicians. There is also an issue of what kind of economic system we have here in this valley and America. It is a matter of control. The Roanoke County Republican Committee includes in its creed the principal of recognizing free enterprise system as the most productive supplier of human needs and economic justice. This committee last year provided a resolution to this Board opposing this government controlled Broadband initiative. He has also requested in writing that the action only be done if private enterprise has been offered and rejected this opportunity. May 24, 2016 250 He attended a work session two weeks ago in which private company representatives did not decline and even offered suggestions for the Board to make a real contribution to expansion of broadband in the valley, but the attitude of some of the Board members appear to him to doubt the credibility and the sincerity of these private companies. They do not think the private companies can do it. He urged the Board to delete this capital project from the proposed budget. Victor Ianello of 3870 Piney Ridge Drive stated he was in attendance to talk about broadband. He stated three small industrial technology businesses, all based in Roanoke County including his current business called Radiant Physics. So, he is a staunch proponent of free markets and capitalism. He also volunteers as the President of the Roanoke Regional Partnership. He is the Chair of the Greater Roanoke Valley Development Foundation, the past chair of the Roanoke Blacksburg Business Council, Chair of the Business Leadership Fund as well as Chair of Carillion Medical Center, but he is not attending to represent any of those organizations but as a private citizen of Roanoke County. His association with these organizations has given him an opportunity to work with local government and business and to understand what it takes to attract new companies and facilitate the growth of existing business. We know that businesses already demand affordable, high-speed internet connectivity. We also know that the Roanoke Valley is falling behind other communities of similar size. Some of these communities have access to federal funds that we cannot access, which was the whole reason for starting broadband authority and that is why Roanoke City and Salem are using right now are using the Authority to very aggressively use the Authority to build out their high-speed backbone. As Supervisors, it is important that you think about the future and what it takes to remain economically competitive at a time when our competitors are other communities located all around the globe. Access to a high- speed internet network will improve the attractiveness of existing Roanoke County business parks and encourage the attraction and growth of technology companies that have high bandwidth requirements. By having access to this network, open to any internet service provider, no provider be it incumbent or new will be favored. For these reasons, he asked the Board to vote in favor of joining Roanoke City and Salem by building out the high-speed backbone of Roanoke County. Samantha Steidle stated she was present representing Virginia Western Community College as their renovation officer and also she is involved in launching the accelerator in downtown Roanoke. She wanted to express her support for the Roanoke Valley Broadband Authority and she strongly suggests that Roanoke County join the Authority as a partner in advancing the economy of our region. To stay competitive with other regions and states, we must look to the future and not the past. Broadband is here and now we must work together to expand this critical component of our economy. As a result of our recent success, we are being noticed nationally in the business community. May 24, 2016 251 For example, there was a recent piece in Entrepranuel.com that ranked our region as an alternative to Silicon Valley for locating an entrepreneur business and for these high- growth firms, access to broadband is absolutely key. We must be prepared. The Broadband Authority an assist in that preparation and also create sustainable infrastructure connecting communities and businesses. They can also provide our current and future entrepreneurs with the keys and tools they need to succeed. Finally, they can keep our region competitive to retain current jobs and recruit future jobs. She stated she believed by joining the RVBA, Roanoke County will send a clear message that our entire region is working together and ready to invest in the future of our business, economy and our students. William Fralin stated first off he has sent the Board some of his thoughts in writing and does not want to go back over those again. This is an interesting question and many of his friends in the Republican Party are on a different side of this than he is and he recognizes and respects that view. It is faithfully held. To look at this problem with hindsight can help us have foresight. These incumbent providers were built on monopolies, they were given monopoly franchise agreements what were exclusive to Roanoke County or Roanoke City or Salem in order to put in the infrastructure based on the capital costs that it was going to cost them. So here are our rates and capital costs; they were guaranteed to get their capital costs paid back. They were guaranteed by the government. So, they built them out. They built them out mostly for cable television or telephone service, but the capital costs were recovered. Now, we are in a situation where those entities basically have an effective monopoly. If you want different cable television service, he does not know where you are going to go get it at your home. If you want different broadband service, he does not know where you are going to get it. The irony here is this open-access, fiber-optic able (meaning anyone can hook up to it) is probably not going to change because it will only allow people that invest to capital infrastructure to deliver that last mile of service. The initial customers of this as someone pointed out are really governments and that is because they are going to get a better rate and get better service because of this. But, anybody can hook up to this, Sprint, Verizon, Cox, etc. It was also mentioned that these networks were redundant. We started this process five (5) years ago and what we did was to ask the question, “Do we have a problem?” We had a study and the study said that you know what if you are in a big giant city, you probably don’t have a problem. If you live in Northern Virginia, you can FIOS service from Verizon, can you get that here, no. The reason is that it does not make market sense. There is not enough customers here to justify that capital expense. What happened is they are upgrading over time and that is fine. They will have a competitive advantage. The existing providers will. It has been mentioned that it is duplicative. May 24, 2016 252 Duplicity is something that is very important in internet service providers. If you don’t have duplicity you often have service interruptions. The open access piece is most analogous to him for an airport. Should we have a municipal airport or should Delta build theirs and United build theirs and everybody build their own because they certainly have the financial capacity to do it. Or should we build an airport that everybody can use and compete fairly. Michael Altizer stated he wants to take a different approach, an approach that he understands and hopefully he can make the citizens of Roanoke County understand. He is not here to ask you to vote a certain way. Your heart and what you know is right and what you know is right for the majority of the citizens of Roanoke County is important. Whether you are up for election next year or the year after, you are bound by the oath you took to do the right thing and what you feel is right for Roanoke County. He respects the people that think broadband is not the way to go. He certainly respects the people that believes it is the right way to go, but he just wants to bring a little reality. Roanoke County’s growth and population is growing at a rate of less than 1.2%. Something that has not happened in Roanoke County and now almost three years, please someone in the audience or the viewing public tell him when was the last time there was a development announcement in Roanoke County. The last was Ardaugh Corporation that brought in the highest investment that Roanoke County has ever had and a hundred jobs and high-paying jobs. In the things that are going on in Roanoke County, it is nice to have and it is incumbent that we dialogue, we have discussion. But the vitality of Roanoke County and the citizens that you serve depends on the actions you take and sometimes not popular actions. He is very proud to have sat on that Board for twelve years and quite a few of those years with Mr. McNamara. In those years, Roanoke County had unprecedented growth in jobs and investment in Roanoke County, which allowed for a lot of things to happen. To do the things we needed to do for our schools and we cut the real estate tax rate by creating jobs and creating investments. There are no jobs and there is no investment to speak up going on in Roanoke County. Two have already announced and another one today, a $48 million investment in another brewery. He thinks the citizens of Roanoke County have to say, “why not Roanoke County?” He thinks that is a legitimate question. He has twenty-one grandchildren, four children like rabbits and he wants a future for them and he cares about Roanoke County and that is why he is here today. There has been some stuff, vile stuff that has gone on over this debate that is senseless. Each of you now know, even the short time some of you have been on this Board that people that are looking to bring companies and their employees know every single thing that is going on in this localities. It is good to have lively debate, but companies don’t want to be involved in a lot of negative press. May 24, 2016 253 So, as we go forward and as people take and say some things, he understands what he reads in the paper, he sees a lot more through what is said than a lot of people do, but the ad in the paper from the cable industry talking about taxpayer money, he did not hear, when he sat on the Board about eight (8) years ago when Cox requested $100,000 incentive to build their building over on Fallowater Drive. There was no outcry, there was no issue about that and what are they doing now. The building is going up for sale. The man that came to his house to install his cable is from Virginia Beach. He is a contractor. Where are the local employees that we had and when was it appropriate for them to ask for money and now become worried about money? You need to do what you think is best and vote your heart. You should not be swayed by people who say they are going to go anything and everything to get you unelected; you should be sitting on the Board making your decision based upon what is best for Roanoke County and forever how long the citizens and the majority of the citizens of Roanoke County allow you to be there. The destiny of our children and our grandchildren lays at your hands and not the whim of a few. Isabel Kase stated she has lived in Roanoke County for forty-five years and she agrees with Scott Faw. She sees the whole broadband thing like she sees it as government interference just like Obamacare and since we have Obamacare; healthcare has just gone down the tubes and doctors are leaving left and right. They cannot practice medicine the way they were trained to practice and the way they would want to practice; spend time with their patience and now they are limited to so many minutes. She is against government interference. Jeff Merritt stated he is here tonight representing Cox Communications. There has been some misinformation spread about broadband service in Roanoke so before you vote on this tonight, he wanted to set the record straight. Cox has been serving Roanoke for over forty years. We began installing fiber in Roanoke in the 1990’s. We have hundreds of miles of fiber in Roanoke and tens of thousands nationwide. We provide businesses with broadband speeds up to 10 gigs right here in Roanoke and our fiber network is capable of delivering even faster speeds should that need arise. It obviously cost money to build a fiber network and takes ongoing reinvestment in that network to make it viable for growing and expanding the customer base. Over the last eight years, Cox has invested in over $70 million to expand and improve our network in Roanoke. We even invested our own money to build fiber to CRT at the request of the County to try to encourage economic development. We are capable of and currently deliver dedicated fiber lines to existing customers on a network that is defense grade. In Virginia, we serve nine of the top 15 largest employers both in the public and private sector, including the US Department of Defense and the Commonwealth’s largest school system. May 24, 2016 254 In Roanoke County, we proudly provide broadband and telecommunication services to the areas’ businesses and local government through our private based network. As a matter of fact, they provide services to Roanoke County including this building and we just won the contract to provide Roanoke County’s schools with 10 gig service through dedicated lines. Cox employees live here, they work here, they pay taxes here. These local Roanoke employees are onsite and capable of maintaining and repairing our infrastructure at a moment’s notice. Our employees are the best in the business and their expert knowledge and experience allows them to deliver five nines the level of reliability and just so you will know what that means, that is 99.999 percent network availability and is the standard that they hold themselves to and our customers expect as well. Cox offers the fastest network in Roanoke with a proven track record of monitoring that network 24/7/365. We provide such high a high degree of liability and security in Virginia they have been chosen to provide service for all branches of the military as well as multiple defense agencies. You will not find a faster, more secure or more reliable network anywhere in Roanoke other than Cox. Cox is a dedicated and committed broadband service provider in Roanoke and it important to them that all businesses, large or small, currently in Roanoke or considering this area, know that we are already well equipped to provide not only the fiber based broadband to meet today’s needs, but they are also positioned to serve increasing needs in the future. So, on behalf of Cox and all of our employees, he would again like to thank the Board for their time and look forward to continuing to serve residents and businesses in the Roanoke Valley for many years to come. Supervisor Bedrosian moved to make a substitute motion with Chairman Peters advised there was no motion on the floor. Chairman Peters then opened the floor for comments on the resolution. Supervisor Bedrosian thanked everyone that came out to speak today on both sides of the issues. He will be preparing to offer a substitute motion to what is on our agenda today, but would like to talk about what has been spoken about here today because he thinks there are some excellent points that have come up. First, this conversation today about whether to have broadband or not, he thinks sometimes the whole conversation moves to one point and we having this argument and we create these two sides, which really do not exist. We want broadband, we don’t want broadband; that is not the issue. Broadband is good. He is in the technology industry, everybody uses the internet. Broadband is good; it is how we communicate. The question before us is first of all is it not being provided here, right now by local private providers? The second question is should government be involved, take taxpayer dollars to subsidize the market and compete against the private sector; that is the real conversation, the real question. The question is also not what has gone on thirty or forty years ago. We are in the year 2016 when there are multiple, multiple vendors in this market. May 24, 2016 255 Let’s not go back thirty to forty years ago, we have multiple vendors, multiple providers. If anything, how can we make those providers have less regulation, less hurdles to have to go over to provide service to the community instead of having another entity jump in, which again is supported by taxpayer dollars. How hard is it to take somebody’s money by force and offer a service? You can lower your price, you can do whatever you want because it is not your money, and you don’t have to worry about a profit. You are just taking people’s money and now offering a service by the government and that is the problem he has. He would tell you that he is a Supervisor in Roanoke County and he has a very, very serious responsibility to watch out for how the money of Roanoke County citizens is spent; that is his responsibility. Sometimes a lot of people seem offended that he is going to ask specific questions. He is going to look people in the eye and ask them specifically why are you doing this, why are you doing that because that is his role. His role is not to come to this government body and just spend money at a whim because they can; that is called abuse of power. He should be abiding by the power that has been vested in him and that is to make sure that every nickel that we spend is absolutely necessary to be spent; and that is why he has gotten very passionate about this because it is not absolutely necessary for us to spend. We have so many examples of this type of thing going on all over the Country. It is failing and what was brought up before was down in Bristol, where we have corruption happening because government is involved in something and not accountable to the citizens and being very open to the citizens about what is going on. A lot of great points were brought up by our speakers today. Unfortunately, we cannot converse with them when they speak, but there were so many good things from everybody whether you are on one side or the other. One of the things that was said was needing broadband to communicate. We have businesses here. He has it and that is why the private sector exists. In fact, it is interesting that the private sector comes up here asking for government to get involved. What if government got involved in your industry, whoever you are, schools, businesses. What if government decided to jump into that business; heath care providers, assisted living. Let’s just jump into that business and compete. It is always that it is somebody else’s business that we are encroaching on and that is okay, but what if it were your business. We are being told to vote what is best for Roanoke County and on that he can absolutely agree. What is best for Roanoke County? Let me show you something, not sure if anybody knows that this is, but most of you do. He has worked very hard in his life and his wife and he own their home outright. For those of you who own your home outright, you know what this little blue envelope is. This is why he takes it very seriously. This little envelope says that he owes $1,849 to Roanoke County for six months of real estate taxes. $1,849; you better believe that he is watching every penny that Roanoke County spends because part of this money is going to pay the salary for Frank Smith at $120,000, Director of the Roanoke Valley Broadband and bonuses that he may make. Do you think he wants to do that with his money, he has five children at home. He does not want to give one May 24, 2016 256 penny extra to any Roanoke County government official that he does not have to; that is why he is passionate about this because we have a private sector that spoke to do that and you tell him or show him that the private sector is not doing it. We have examples of that private sector has every school in Roanoke County wired with fiber and you are still telling me we don’t have fiber in Roanoke County. He has to force a work session and bring those broadband providers back after a year and a half. He hears we have ten gig service; we have had ten gig service and people already have ten gig service, but we want to duplicate it and you want to take my money and do that with it. This is why he is passionate about it because he does not want to spend one extra penny that we do not have to. He finds it very arrogant that we are doing it. He is going to close with the following. He sent out a bunch of videos and he is so thankful that we had a private citizen two weeks ago that came and videotaped what was going on upstairs. If that private citizen did not come, we would not have any videotape on what was going on upstairs. You would not have seen anything about the providers. He sent it out, he put little segments together and sent them out to everybody he knew because he thought it was important enough to do that. We had our County technology person telling us that fiber is fiber; great question asked by Supervisor Hooker and there were great questions asked by everybody. We are supposed to believe that fiber is not fiber and that somehow the Roanoke Valley Broadband Authority has the best fiber. Fiber is fiber; our Roanoke County technology person told us that. We had another great question by Supervisor Peters about a map, once he popped it up it did not show any fiber in Roanoke County. The County technology person said that Comcast, Cox are all viewed as cable companies so when they send it how much fiber they have, it is under the cable button, so all you had to do was press the cable button and it all lit up, tons of fiber. Then Supervisor McNamara asked the question, “Why then is it perceived that Roanoke County does not have broadband?” The Roanoke County technology person said after about sixty seconds, “I don’t know.” Supervisor Assaid asked about the cost, how can our private providers do it for $40,000 and Roanoke County is getting ready to spend $3.4 million for twenty-five miles. Do the math, $134,000 a mile. Why don’t we just help the private providers do it themselves if there are areas that we need to get to that we cannot get to. This is the problem, asked to show the PowerPoint of Frank Smith. Mr. Smith may be here and it through no fault of his, and this is where people get offended, this to him is so, so important and why he says to not let government do anything that they don’t need to do. The background on this slide is that the RVBA won a customer, Public Broadcasting, that is there first customer PBS and it was all over the news. You could not miss it, this great customer that they won from a current provider; great. They took the money from here and shifted it over to government. He asked the County Administrator, “How did they win the deal?” Deal has already been done so you can tell me, what was it. “Proprietary” was the response. Ask the Director, Frank Smith. He emailed Frank and asked” what was the deal, what was it, how did you win it.” On this Board we go into closed session sometimes if there is a negotiation, but after the negotiation is done, we come downstairs and explain. Here is the deal, he May 24, 2016 257 asked Frank Smith and his email back to me was “we don’t disclose confidential information.” So, you are going to take my money and you are going to make deals with companies, maybe you gave it to them for a dollar, how do I know what you did. Now, you are not going to tell me and he was hired by the people to watch their tax dollars and you are not going to tell me what kind of deal you made. This is a problem and this is why he does not like government interference. Supervisor McNamara then asked with regard to broadband in the upcoming budget, operation added together with with debt or debt service, those two figures, you might not know them to the dollar, but have a pretty good range and could probably do it within $50,000, what are those numbers added together. Mr. Bever advised on the operating side, we budgeted $325,000 and the capital side was $23,288, which is $348,288. What is our total budget this year with Mr. Bever responding $183.3 million is the general government budget, which is where those numbers originate from. Do you know what percentage $348,000 of $183 million with Mr. Bever responding not off the top of his head? Supervisor McNamara stated if he goes to two decimal places it is zero. So, if it was one percent, it would be $1 million and if it was .1 percent it would be $183,000. So, it is approximately something less than .2 percent. So, he is somewhat befuddled that something in the area of .2 percent of our total budget, spending .2 percent of our total budget is determining whether we are taking care of the citizens, whether we are being spendthrifts, whether this is a good budget or a bad budget, there is so much in this budget that is positive. There is $500,000 dedicated to stormwater management, without a stormwater management fee. By the way, we are the largest locality in Virginia that does not have a stormwater management fee. How come we are not talking about that? How about the fact that we are running this budget despite massive huge government spending spree, the average increase in Roanoke County in real estate and he is very happy that Mr. Bedrosian will be contributing to County funds, the average was .58 percent. Government is not growing faster than inflation. Our increase this year was .58 percent. To turn the entire budget discussion into broadband, which by the way we are asking the wrong questions. There is so much that is great going on in Roanoke County, whether it is Community Development and our Strategic Planning, what we are doing from an Economic Development standpoint, what we have done without allocating money to stormwater management, he really sees broadband as just one other area of the budget. It is not that Cox or Comcast or Verizon or anybody is doing anything wrong; that they are not partners. We are not competing against them as they can use it as well. How come there is no conversation on 99.98 percent of our budget? Why is there no conversation on that? We are being successful or failures based on .2 percent. The other thing he would like to offer is that it kind of reminds him of the movie about the Oakland “A’s” called Moneyball, maybe some of you have seen it. Brad Pitt was George Bean who was the general management for the Oakland “A’s.” May 24, 2016 258 They are sitting around the table and everybody is talking about they are going to lose this or that player, they don’t have money, they cannot compete, etc. He says they are asking the wrong question. He thinks that there is no question that Cox has coverage in the valley or Comcast has coverage in the valley; that is not the question. He has agreed to that, it is very nice that Comcast has release the maps to prove that when they were not available recently. What is not there is more providers and more capabilities. An example, he has a son who lives in Arlington, who cares that is Arlington and we are in Roanoke County and he was talking about his cable bill and my cable bill and speeds. Long and short, he was paying significantly less. He understands that as the area is more dense, more providers, etc. but if you look at it from a business perspective. This is the question we need to be asking. He went to broadbandnow.com and picked Arlington, why Arlington, he was just there this weekend; anybody can go do that. For 50 mg of service down and 10 up, the rate is $270 a month, if these rates are all wrong then why are they out there. $270 a month for a business and in Arlington, 50 mg down and 50 up; same speed down, 5 times as fast going up, $84.00. One third the price and 5 times the speed going up. If you want 500 down and 500 up, it is not listed in Roanoke, up there is $360. So $360 for 50 times the speed; that is the question. If the Broadband Authority can help our businesses, businesses are helping Roanoke County and our citizens in Roanoke County. Our businesses are evaluating broadband availability and pricing just like they are evaluating work force, quality of life, and all the other things that are part and parcel of economic development. Supervisor Hooker stated she would just like to add another point and it is a little bit different direction and she has in her hand the final report of Economy Analysis and Conversations with Business Leaders in the Roanoke and New River Valleys and this report was in cooperation with the Weldon Cooper Center from UVA published in February 2016. So, when she went through and started looking at this initiative from sixty business leaders in our area, this was initiated by our business leader so whatever we say about what is and isn’t out here, there are business leaders asking for something more and they have several really good points to make and she just wants to note a couple of things. They are impressed with our quality of life, which included low taxes and so anytime we pay taxes it is somewhat painful. We are all going to wince a little when we do that, but it was commented by these business leaders that our taxes are relatively low and they continued to comment on that in a couple of areas. One of the minuses they brought up was that they wish we had more air service (and she does too.) They mentioned the chase mentality in economic development and another one of the negatives was in the ease of doing business and attitudes it says that there is too much of this attitude that we have no need to grow; looking backward. May 24, 2016 259 She advised that she does not think we can do that anymore and maintain the businesses that we currently have and continue to win any deals. It goes on to specifically talk about broadband and it says lack of broadband access continues to plague the region. The next steps, the business leaders, sixty prominent business leaders in our area are saying that our next steps need to be to take action to remedy this and so while the point is valid that residential tax load is real, we are carrying 87% of that tax load, we need to get business friendly, we need to be opening back up and have a welcome sign out that says we are open for business and we invite you to come here. Supervisor Bedrosian stated we always change the conversation, when did anybody say we do not want to grow; he has just never heard it. He has never heard anybody say we don’t have welcome mat out for businesses. Maybe government should look and say what things we can do to make the private sector, broadband providers easier to do business in Roanoke. Have we ever had a work session on that? There are seven or eight of them in the Roanoke Valley that have fiber in the ground and many of you may be surprised since we have only been hearing that there is one, but there are 7 or 8; they are all over the place. In fact, on the telephone lines that carry a lot of the broadband (it is underground, or phone lines) you can hardly find spaces somewhere because so many have attached on. Where is our work session bringing in all the broadband guys so we could ask the question, “What could we do as a government (remove regulations, lower fees) or whatever it is that we do that gets in the way? You are the experts; have been in the industry for forty years; what could we do. He hates it that we always go back to the argument if we don’t let government get involved we are unfriendly. He just does not understand how we think like that. If government is not involved, we are an unfriendly place. If government doesn’t provide broadband we are unfriendly. If we don’t provide healthcare to everybody I guess we are an unfriendly country. He just does not think like that, he just thinks we are a very friendly place when we give the private sector the opportunity to compete and do as well as they can. Sure, there are probably some obstacles in our area that make it hard. We heard upstairs in work session that going under a railroad track is very, very expensive to burrow underneath and that is why costs are higher. Roanoke is very hilly and mountainous. The RVBA is not going out there; they are laying fiber right where the fiber already is so all of you that are talking about expanded fiber, tell that to the RVBA, they are not putting fiber where it is not already located. Asked to move to the next map. We only have one provider, Cox, and he is a logical guy and is just trying to deal with facts. If these facts are wrong, somebody needs to say it. This is what Cox gave us, they were the only vendor that did. The red area is Roanoke County and he knows it may surprise a lot of people here unless this is a lie. So he is just going to deal with black and white. If this is a lie, then we are being lied to by Cox. Can you see the blue, blue is RVBA fiber, but the red is Cox. So can someone tell him, that is just one vendor and he is trying to deal with facts and going back to the premise that his job is accountable to the citizens of Roanoke County. May 24, 2016 260 If the citizens of Roanoke County see this map and say, “wait a minute, Mr. Bedrosian, Supervisor Bedrosian, why did you just spend my money, that is hard-earned money and why are you giving it to a group that is going where it already is?” What does he say to that person? He is looking at the facts, this is just one vendor and if we overlay the others we probably have 1,000 miles. He does not know how many miles. Another point that was brought up and he is going to use a little multi-media here by going to the videos. This is number seven and was done by a citizen and is not professional quality but it explains why this is not going to be open access. Why having RVBA put down the lines and talking about this open access; it is not going to be open access. Mr. Bedrosian then played a video clip from the work session. Supervisor Bedrosian then stated what he just said is you lay down this fiber, he has a company with 15 miles of fiber. He is saying he cannot attach to that backbone; if I do he has to finalize forty or fifty customers that are going to make it a breakeven or for any profit at all. It is going to be very difficult for him. So, it is going to have to be a huge company like a Cox or Comcast and if you ask they will say, “why should we do this, we already have fiber in the ground, we already have fiber right in the ground where RVBA does. So why would we attach that does not make any sense.” So on the lower end where you think a lot of these businesses are going to come in and really grow, it is too expensive, and they cannot. The bigger companies are already there. So again, his role and responsibility is to only spend money where it is necessary; it is not necessary. They are a provider, a small provider of fiber. You would think he would love this open access, but he says no. He has a bunch of other videos that he could show if we had time. Supervisor McNamara asked for a motion on the floor that Chairman Peters asked Supervisor McNamara if he wanted to make. Supervisor McNamara moved to approve the resolution, seconded by Supervisor Assaid. Supervisor Bedrosian then moved a substitute motion to remove $20,000 capital, $325,000 operating costs, effectively removing broadband from the budget. He stated that he feels there is enough concern and we are moving so fast that we should have a lot more discussion and wants to provide his fellow supervisors the opportunity to vote on something that does not include broadband. If it is so small, .2 percent, then no one should have a problem. He is thinking is should be more about whether government should be getting involved in this so he wants to provide his fellow supervisors the opportunity to not vote for government intervention. He added that it should raise some questions that we have $325,000 in operating costs when there is nothing in the ground and will not be until the spring of 2017. Why do we have operating costs when there is nothing in the ground? It is like we are subsidizing Roanoke City and Salem City. There was no second to the substitute motion and the motion was denied. May 24, 2016 261 Chairman Peters stated he has listened to the debate and many of the things he was going to share have already been discussed today. We have looked at this and thinks a citizen put it best when he made a comment when he went to buy gas for a car, he had the choice of EXXON, Chevron, Shell, Sheets, BP, Walmart, and Kroger. When shopping for a cell phone he had many choices to choose from there. In looking at a cable company he had one choice and thinks that has been the concern we have heard over and over again. With the franchise agreement that is out there, it does not allow for competition and again is that not the same thing as a subsidy. They know what their costs are, they know what their capital requirements are. Is that not the same thing? In his mind, we have created a monopoly and that is not a free market. He thinks that we have been missing out and have not had a major economic development in the last three years and have been told by the Regional Partnership that there are concerns with broadband and have stood in front of us and told us that. He thinks that we are sitting back and watching Franklin County, Roanoke City, Botetourt surpass us in that regard and from what he is hearing from many people; there has been an email campaign to stop this, but he can honestly say that he has heard from more people than he has ever heard from in favor of this. People have told him that there is business in downtown Vinton that have asked Cox to run fiber and they won’t do it and it is only one block away. Those are the concerns that have mushroomed throughout this discussion. He has enjoyed all the conversations with the citizens that have reached out. RESOLUTION 052416-3 ADOPTING THE FISCAL YEAR 2016- 2017 BUDGET, THE FISCAL YEAR 2016-2017 CAPITAL BUDGET, AND FISCAL YEAR 2017-2026 CAPITAL IMPROVEMENT PROGRAM FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearings as required thereon were held on April 12, 2016 and May 10, 2016; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for fiscal year 2016-2017 for Roanoke County, Virginia, as shown on the attached Schedules. May 24, 2016 262 2. That there is hereby approved the capital budget for fiscal year 2016-2017 and Capital Improvement Program for fiscal year 2017-2026 for Roanoke County, Virginia, as shown on the attached Schedules. 3. That the preparation and approval of these budgets is for informative and fiscal planning purposes only. County of Roanoke Adopted FY 2016-2017 Budget May 24, 2016 Revenue Amount General Fund General Government General Property Taxes $ 126,336,323 Local Sales Tax 10,252,000 Telecommunications Tax 3,796,000 Business License Tax 6,447,000 Bank Franchise Tax 450,000 Consumer Utility Tax 3,913,000 Motor Vehicle License Tax 2,258,300 Recordation/Conveyance Tax 1,395,600 Meals Tax 4,362,750 Hotel/Motel Tax 1,184,500 Other Local Taxes 634,000 Permits, Fees & Licenses 501,000 Fines and Forfeitures 450,000 Interest Income 271,600 Charges for Services 4,161,433 Commonwealth 10,972,703 Federal 4,075,000 Other 1,798,006 Total General Government $ 183,259,215 Communications and Information Technology $ 9,414,002 Children's Services 5,985,313 Law Library 11,025 Public Works Projects 183,454 Recreation Fee Class 5,378,920 Grants and Other Funds 1,046,962 Police Special Programs 1,000 Criminal Justice Academy 312,004 Fleet Service Center 3,082,771 Total General Fund $ 208,674,666 May 24, 2016 263 County of Roanoke Adopted FY 2016-2017 Budget May 24, 2016 Revenue (continued) Amount Debt Service Fund - County $ 7,108,548 Capital Projects Fund 10,148,428 Internal Service Fund 11,306,018 School General Fund 143,140,483 School Nutrition Fund 6,071,880 School Debt Service Fund 12,242,618 School Grants Fund 6,773,852 School Capital Fund 1,275,670 School Instructional Resources Fund 1,109,752 School Bus Fund 783,219 School Laptop Insurance Reserve 100,000 Total Revenues All Funds $ 408,735,134 Less: Transfers (107,908,913) Total Net of Transfers $ 300,826,221 Expenditures Amount General Fund General Government General Administration $ 3,207,867 Constitutional Officers 13,498,115 Judicial Administration 804,232 Management Services 3,334,785 Public Safety 27,251,984 Community Services 11,978,121 Human Services 21,663,626 Non-Departmental 11,393,980 Transfers to School Operating Fund 67,362,077 Transfers to School Insurance - Dental 477,299 Transfers to (from) Capital Fund 3,092,813 Transfers to Debt Service Fund 14,897,786 Transfer to Public Works Projects 183,454 Transfer to Comprehensive Services 1,853,000 Other 2,260,076 May 24, 2016 264 Total General Government $ 183,259,215 Communications and Information Technology $ 9,414,002 Children's Services 5,985,313 Law Library 11,025 Public Works Projects 183,454 Recreation Fee Class 5,378,920 Grants and Other Funds 1,046,962 Criminal Justice Academy 1,000 Police Special Programs 312,004 Fleet Service Center 3,082,771 Total General Fund $ 208,674,666 Debt Service Fund - County $ 7,108,548 Capital Projects Fund 10,148,428 Internal Service Fund 11,306,018 School Operating Fund 143,140,483 School Nutrition Fund 6,071,880 School Debt Fund 12,242,618 School Grants Fund 6,773,852 School Capital Fund 1,275,670 School Textbook Fund 1,109,752 School Bus Fund 783,219 School Laptop Insurance Reserve 100,000 Total Expenditures All Funds 408,735,134 Less: Transfers $ (107,908,913) Total Net of Transfers $ 300,826,221 On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Assaid carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, McNamara, Peters NAYS: Supervisor Bedrosian 2 Ordinance to appropriate funds for the fiscal year 2016-2017 . budget and approval of the Classification Plan for fiscal year 2016-2017 (Christopher Bever, Director of Management and Budget; Rebecca Owens, Director of Finance) Supervisor Bedrosian stated the whole thing about having all these choices is the public needs to know it has nothing to do with the citizens of Roanoke County in your private homes. He thinks what boggles his mind is that we keep moving May 24, 2016 265 ahead with something that we have no understanding of. He hates to say that but it has become so evident. Could you imagine, he has fifty homes in his neighborhood and he got the same email. Also, 125 emails came into the Board of Supervisors, 8 was for. He did send out emails to everybody, no doubt about it. The emails that came in what he had for expanding. He does not want anybody to think differently, both sides had the opportunity and that is his job to get the information out and everybody has the same opportunity to start blasting emails. The second point, he lives in a neighborhood of fifty-five homes and think about it, if everybody in that neighborhood wanted their own provider, do you know what it would cost or different companies to bring in fiber into each neighborhood. Fiber is expensive; $40,000 a mile. We are acting as if we were picking ice cream flavors and that is why these companies have contracts with us because of how expensive it would be and RVBA is not going to do that. You have to understand what this whole technology is about. He is not trying to criticize anybody, but nobody understands it like the providers do and even the one provider said he cannot get access of this backbone and go and get one customer. He is trying to get us back to reality. It is never going to be a day when you can get a fiber line coming to your house from Cox, next door neighbor from Verizon, etc. It is so expensive. It is a lot of money that is going to get wasted and unfortunate because he thinks it is on the wrong premise and if we can fix it going with government. Supervisor Peters commented he is going to take issue because the fact remains that Supervisor Bedrosian sits on this Board and is always picking winners and losers, but when you have a monopoly you have one provider and that is picking a winner and loser. So, the bottom line is RVBA is not going to run to their house; let’s clarify that for the citizens. The second piece of it is that it is going to be put into the ground for last mile providers to come put it in whether you or your neighbors choose to put it in is up to you. This is what free enterprise is all about, giving that option to choose where you get you get your gas or your cell phone and this would be no different. The other issue is that he choose to pick out a business in Vinton and went to check it out and they had tried other providers, sorry, Comcast does not currently provide service in this area. Shentel the same thing. So, how is it not giving a business owner an option? Supervisor Bedrosian stated that was a great question and it goes back to our understanding of this industry. If you have customer A, B. and C to lay this fiber and take fiber to a specific business as the provider just said, he has to have thirty or forty businesses to say yes in order for it to be profitable. Why is he going to put fiber in the ground and get one customer that pays $50 a month? This is why he is hitting his head against the wall. It does not make sense. Nobody can do that and we are thinking that his is going to change by giving over to RVBA that all these guys are going to come in and if Customer A wants to pay $50 a month, he guesses they will put fiber in and that is not going to happen. We don’t understand this industry well enough as the providers doing it now and thinks that is why the work session two weeks ago was a great start. We need more time understanding this issue. May 24, 2016 266 Supervisor McNamara called for the question with Supervisor Assaid seconding, the motion called by the following vote: AYES: Supervisor Assaid, Hooker, McNamara, Peters NAYES: Supervisor Bedrosian ORDINANCE 052416-4 APPROPRIATING FUNDS FOR THE 2016-2017 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, public hearings were held on April 12, 2016 and May 10, 2016, concerning the adoption of the annual budget for Roanoke County for fiscal year 2016-2017; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 24, 2016, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 10, 2016, and the second reading of this ordinance was held on May 24, 2016, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2016, and ending June 30, 2017, for the functions and purposes indicated: County of Roanoke FY 2016-2017 Budget May 24, 2016 Revenues: General Fund: General Government $ 183,259,215 Communications & Information Technology 9,414,002 Children's Services 5,985,313 Law Library 11,025 Public Works Projects 183,454 Recreation Fee Class 5,378,920 Grants and Other Funds 1,046,962 May 24, 2016 267 Police Special Programs 1,000 Criminal Justice Academy 312,004 Fleet Service Center 3,082,771 Total General Fund $ 208,674,666 Debt Service Fund - County $ 7,108,548 Capital Projects Fund $ 10,148,428 Internal Service Fund - Risk Management $ 11,306,018 School Funds: General $ 143,140,483 Nutrition 6,071,880 Grant 6,773,852 Capital 1,275,670 Instructional Resources 1,109,752 Bus 783,219 Laptop 100,000 Debt 12,242,618 Total School Fund $ 171,497,474 Total Revenue - All Funds $ 408,735,134 Expenditures: General Government: General Administration Board of Supervisors $ 327,920 County Administrator 358,711 County Auditor 112,279 Public Information 186,601 Asst. Co. Administrators 379,496 Human Resources 770,248 County Attorney 555,150 Economic Development 517,462 Total General Administration $ 3,207,867 Constitutional Officers May 24, 2016 268 Treasurer $ 824,583 Commonwealth Attorney 1,129,852 Commissioner of the Revenue 763,772 Clerk of the Circuit Court 1,094,589 Sheriff's Office 9,685,319 Total Constitutional Officers $ 13,498,115 Judicial Administration Circuit Court $ 237,972 General District Court 95,440 Magistrate 1,590 J & DR Court 39,086 Court Service Unit 430,144 Total Judicial Administration $ 804,232 Management Services Real Estate Assessments $ 864,132 Finance 1,349,840 Public Transportation 420,000 Management and Budget 337,333 Procurement Services 363,480 Total Management Services $ 3,334,785 Public Safety Police $ 12,052,761 Fire and Rescue 15,199,223 Total Public Safety $ 27,251,984 Community Services General Services $ 5,343,566 Community Development 4,346,390 Building Maintenance 2,288,165 Total Community Services $ 11,978,121 Human Services Grounds Maintenance $ 2,273,678 Parks and Recreation 2,240,247 May 24, 2016 269 Public Health 500,358 Social Services 10,430,840 Contributions-Human Service, Cultural, Tourism, Dues 2,033,805 Library 3,748,374 VA Cooperative Extension 87,097 Elections 349,227 *** Total Human Services $ 21,663,626 Non-Departmental Employee Benefits $ 2,134,710 Transfer to Communications/IT 7,764,270 Miscellaneous 1,495,000 Total Non-Departmental $ 11,393,980 Transfers to Other Funds Transfer to Debt - General & Schools $ 14,897,786 Transfer to (from) Capital 3,092,813 Transfer to Schools 67,839,376 Transfer to Public Works Projects 183,454 Transfer to Internal Services 1,665,195 Transfer to Comprehensive Services 1,853,000 Total Transfers to Other Funds $ 89,531,624 Unappropriated Balance Board Contingency $ 50,000 Addition to Fund Balance $ 544,881 Total General Government $ 183,259,215 Communications & Information Technology $ 9,414,002 Children's Services $ 5,985,313 Law Library $ 11,025 Public Works Projects $ 183,454 Recreation Fee Class $ 5,378,920 Grants and Other Funds $ 1,046,962 May 24, 2016 270 Police Special Programs $ 1,000 Criminal Justice Academy $ 312,004 Fleet Service Center $ 3,082,771 Total General Fund $ 208,674,666 Debt Service Fund - County $ 7,108,548 Capital Projects Fund $ 10,148,428 Internal Services Fund - Risk Management $ 11,306,018 School Funds: Operating $ 143,140,483 Nutrition 6,071,880 Debt 6,773,852 Grants 1,275,670 Capital 1,109,752 Instructional Resources 783,219 Bus 100,000 Laptop Insurance Reserve 12,242,618 Total School Funds $ 171,497,474 Total Expenditures - All Funds $ 408,735,134 ***The subtotal for Human Services was entered as $21,698,926. This was a typographical error, as the amount should have been $21,663,626. The General Government, General Fund and Total Expenditures-All Funds amounts were all calculated using $21,663,626. Correction of this typographical error does not change the appropriation amount by department or by fund. 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2016, are re-appropriated to the 2016-2017 fiscal year to the same department and account for which they are encumbered in the previous year. May 24, 2016 271 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for capital projects at June 30, 2016, and appropriations in the 2016-2017 budget. 5. That all School Fund appropriations remaining at the end of the 2015-2016 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2016-2017 as follows: a.) Two-thirds of the year-end balance in the school operating fund will be allocated to the Major School Capital Reserve; b.) One-third of the year-end balance in the school operating fund will be allocated to the Minor School Capital Reserve. 6. That all General Fund unexpended appropriations at the end of the 2015- 2016 fiscal year not lapse but shall be re-appropriated to the County Capital Reserve. 7. That all General Fund revenues collected in excess of appropriated revenues shall be re-appropriated to the County Capital Reserve. 8. Account balances remaining in the Fee Class Fund collected by the Parks, Recreation and Tourism Department will be allocated to accounts as defined by the Fee Class Accounts Procedure. 9. Account balances remaining in Comprehensive Services (111), Confiscated Property (120), Police Special Programs (121), Forfeited Asset Sharing (122), Sheriff Jail Fees (124), Inventory (125), Criminal Justice Academy (126), Police Training Facility (127), Garage (130), Motor Pool (132), Grants (135), Communications and Information Technology (146), Fee Class (150), Law Library (155), Public Works Fund (170), Social Services Building (175), Debt Fund (310), Trust Fund (510), South Peak Community Development Authority (655), Internal Service Fund (700), Special Welfare (810), Regional Fire/Rescue Training Center (814), Commonwealth Fund (815), Regional Center for Animal Control and Protection (895) funds will carry over 100% and be re-appropriated to the individual funds. 10. That the Board of Supervisors anticipates receiving various grants, donations, and other miscellaneous revenues. These anticipated funds are appropriated to the Grants Fund for the various functions and purposes as provided therein, and said appropriation shall be acknowledged and allocated to the appropriate fund upon approval by the Board of Supervisors on the Consent Agenda. 11. This ordinance shall take effect July 1, 2016. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: May 24, 2016 272 AYES: Supervisors Assaid, Hooker, McNamara, Peters NAYS: Supervisor Bedrosian IN RE: CONSENT AGENDA RESOLUTION 052416-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- 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 May 24, 2016 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes – April 12, 2016 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Sandra L. Bowen, Senior Family Services Specialist, upon her retirement after more than twenty-eight years of service 3. Request to accept and allocate grant funds in the amount of $42,564 from the Virginia Department of Emergency Management (VDEM) for fiscal year 2015 Emergency Management Performance Grant 4. Request to accept and allocate grant funds in the amount of $5,000 from the Office of the Attorney General for the Virginia Rules Camp Grant Program 5. Request to accept and allocate funds in the amount of $4,809 to the Clerk of the Circuit Court from the Commonwealth of Virginia 6. Confirmation of appointment to the Roanoke Valley Convention and Visitors Bureau Board of Directors On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None RESOLUTION 052416-5.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SANDRA L. BOWEN, SENIOR FAMILY SERVICES SPECIALIST, UPON HER RETIREMENT AFTER MORE THAN TWENTY-EIGHT YEARS OF SERVICE May 24, 2016 273 WHEREAS, Sandra L. Bowen was employed by Roanoke County on October 15, 1987; and WHEREAS, Ms. Bowen retired on May 1, 2016, after twenty-eight years and seven months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Bowen served as a Social Worker and a Senior Family Services Specialist, during her tenure with Roanoke County and has served with professionalism and dedication in providing services to the citizens of Roanoke County; and WHEREAS, during Ms. Bowen’s time serving the citizens of Roanoke County, she provided services to foster care children, child care services, and adult services/adult protective services. Ms. Bowen was very passionate and diligent about her work with the citizens she encountered in these roles. Ms. Bowen assisted the individuals she worked with to enhance their self-sufficiency and improve their quality of life. Ms. Bowen provided services to protect older adults and incapacitated adults from abuse, neglect, and exploitation. She provided services to prevent abuse, neglect and exploitation of older adults and incapacitated adults. Ms. Bowen also provided education to mandated reporters and other community groups about Adult Protective Services and Adult Services. WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the SANDRA L. BOWEN appreciation of the citizens of Roanoke County to for more than twenty-eight years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None A-052416-5.b A-052416-5.c A-052416-5.d A-052416-5.e IN RE: REPORTS Supervisor Bedrosian asked to pull the outstanding debt report. There Supervisor Bedrosian moved to receive and file the following reports. The motion was seconded by Supervisor McNamara and carried by the following recorded vote: May 24, 2016 274 AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt 3. Comparative Statement of Budgeted and Actual Revenues as of April 30, 2016 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of April 30, 2016 5. Accounts paid - April 30, 2016 6. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of April 30, 2016 7. Proclamations signed by the Chairman Ms. Owens outlined the Outstanding Debt report. Supervisor Bedrosian asked if the $3.4 just approved for the Broadband Authority would be reflected in this report. Ms. Owens responded in the negative advising it would be on another report showing outstanding obligations of the County. Supervisor Bedrosian asked the reason why this was done this way, with Supervisor McNamara advising Generally Accepted Accounting Principles. Supervisor Bedrosian stated he just wanted the citizens to be made aware. Supervisor Bedrosian moved to receive and file the outstanding debt report with Chairman Peters seconding with the following recorded vote: AYES: Supervisor Assaid, Bedrosian, Hooker, McNamara Peters NAYES: None At 4:44 p.m. Chairman Peters recessed until the 7:00 p.m. session. Vice Chairman McNamara called the evening session back into order at 7:00 p.m. All Supervisor were in attendance except Chairman Peters. Vice Chairman McNamara advised he would conduct the meeting as Chairman. IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1.The petition of Star City Church of Christ to obtain a Special Use Permit in a C-2, High Intensity Commercial, District for the operation of religious assembly on approximately 1.21 acres, located at 5933 Williamson Road, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition. Vice Chairman McNamara opened May 24, 2016 275 and closed the public hearing with no citizens speaking on this agenda item. There was no discussion. ORDINANCE 052416-6 GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY IN A C-2, HIGH INTENSITY COMMERCIAL DISTRICT, ON APPROXIMATELY 1.21 ACRES, AT A PARCEL LOCATED AT 5933 WILLIAMSON ROAD, HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF STAR CITY CHURCH OF CHRIST WHEREAS, Star City Church of Christ has filed a petition for a special use permit for religious assembly at 5933 Williamson Road (Tax Parcel No. 038.06-09-01.00- 0000), in a C-2, High Intensity Commercial District, on approximately 1.21 acres, in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 3, 2016; and WHEREAS, the Planning Commission recommends approval of the petition with the condition that the religious assembly use shall be limited to a maximum of one- thousand two-hundred and fifty (1,250) square feet; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 26, 2016; the second reading and public hearing on this matter was held on May 24, 2016. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Star City Church of Christ for religious assembly use at 5933 Williamson Road (Tax Parcel No. 038.06-09-01.00-0000), in a C-2, High Intensity Commercial District, on approximately 1.21 acres, in the Hollins Magisterial District, is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approvedwith the following condition: (a) The religious assembly use shall be limited to a maximum of one- thousand two-hundred and fifty (1,250) square feet. 2. That this ordinance shall be in full force and effect immediately after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. May 24, 2016 276 On motion of Supervisor Bedrosian to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None 2.The petition of Julie Abernethy, Friendship Apartment Village Corporation, to obtain a Special Use Permit in a C-2CS, High Intensity Commercial, District with conditions and special use permit for outdoor gatherings on approximately 10.51 acres, located at 450 Springbeauty Street and Florist Road, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition. Vice Chairman McNamara opened and closed the public hearing with no citizens speaking on this agenda item. There was no discussion. ORDINANCE 052416-7 GRANTING A SPECIAL USE PERMIT FOR OUTDOOR GATHERINGS IN A C-2CS, HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS AND SPECIAL USE PERMIT, ON APPROXIMATELY 10.51 ACRES, AT A PARCEL LOCATED AT 450 SPRINGBEAUTY STREET, HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF JULIE ABERNETHY, AGENT FOR FRIENDSHIP APARTMENT VILLAGE CORP WHEREAS, Julie Abernethy, agent for Friendship Apartment Village Corp. has filed a petition for a special use permit for outdoor gatherings at 450 Springbeauty Street (Tax Parcel No. 038.15-01-01.00-0000), in a C-2CS, High Intensity Commercial District with Conditions and Special Use Permit, on approximately 10.51 acres, in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 3, 2016; and WHEREAS, the Planning Commission recommends approval of the petition with the condition that the outdoor gatherings shall be limited to five outdoor concerts between May 1st and September 30th of 2016; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 26, 2016; the second reading and public hearing on this matter was held on May 24, 2016. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: May 24, 2016 277 1. That the Board finds that the granting of a special use permit to Julie Abernethy, agent for Friendship Apartment Village Corp., for outdoor gathering use at 450 Springbeauty Street (Tax Parcel No. 038.15-01-01.00-0000), in a C-2CS, High Intensity Commercial District with Conditions and Special Use Permit, on approximately 10.51 acres, in the Hollins Magisterial District, is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approvedwith the following condition: (a) The outdoor gatherings shall be limited to five outdoor concerts between May 1st and September 30th of 2016. 2. That this ordinance shall be in full force and effect immediately after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Bedrosian to adopt the ordinance, seconded by Supervisor Assaid and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters NAYS: None IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS The following citizens spoke: Melissa Hayes Smith stated she is an ordained minister in the Episcopal Church and as such she is interested in justice and reconciliation in this world. She also has been a behavioral health professional in this valley for decades. Particularly in that later role, her past experience has been positive regarding how children have been treated in Roanoke County. Unfortunately, she had to revise her understanding of Roanoke County and the way in which it cares for its young people following the death of Kionte Spencer, an 18 years old black teen shot to death by Roanoke County police in February of this year. When she heard of his death on the news, it almost did not register. How could something like this happen in the Roanoke Valley? She then waited for an uprising of citizens in outrage. When that did not happen, she hoped that an investigation would reveal helpful information so that we as a community could come to some reconciliation about this horrible tragedy. Instead, there continues to be an absence of anything that has been helpful or apparently just and she hopes tomorrow will be different. She works with some of the most heinous cases of abuse and neglect May 24, 2016 278 as a counselor, frequently referred by Roanoke County’s Department of Social Services only to say that she has seen a lot over the years and if she feels this way how must it look to young people in our community who have little context of life to place this tragedy. What they understand because there has been no information to persuade them otherwise is that a young person of color about their age has been shot down for no reason that the community has not seemed to care and that the Roanoke County Police will not be held responsible for its actions. We cannot discount the impact this kind of impression has on youth, particularly youth of color. It is damaging, traumatizing and can make them feel unsafe in their community; not a winning combination for our future workforce and leaders as we attempt to increase valley wide economic development. She referred the Board to a recent article from the Harvard Law Review Forum entitled “Enhancing Accountability and Trust with Independent Investigations of Police Lethal Force.” Copies were provided. The article starts out with this, “There are few acts committed by local government that draw more controversy than a Police Department’s use of lethal force.” The article goes on to promote the use of “independent investigation of lethal force to increase the legitimacy of the criminal justice system in the eyes of the public.” She is unwilling to accept the silence around the killing of Kionte Spencer. A child of God just like you and me. She ask that the Board use their positions of influence to end this failure in our system and this kind of dragging of our feet and sweeping things under the rug does never happen again. Justice for Kionte requires that the police dash cam video be released, that an independent investigation be completed and the names of the officers involved be released. Will the Board of Supervisors do the right thing for our citizens, our youth and especially our youth of color? She prays that their answer is yes. Avis Leigh Ahearn stated she has been a resident of the Roanoke Valley for thirty-nine years and of those thirty-nine years, she has spent the last thirty-six years living in Roanoke County. She raised her children in this County. She is here tonight to address the elected members of the Board of Supervisors and our County Administrator about the tragedy that resulted in the shooting debt of Kionte Spencer by a member of the Roanoke County Police Department and the apparent lack of transparency by the Police Department in its aftermath. It has been eighty-eight days since that tragic death of Kionte Spencer. Eighty-eight days of friends, family mourning the sudden and senseless loss of a child. Eighty-eight days of citizens calling for an explanation of the circumstances surrounding the shooting death of Kionte and eighty-eight days that the Police Department has had to conduct its internal investigation, which she has been told has been completed. It is time for this body to do what is reasonable and just by directing the Police Department to release the dashcam video and the names of the officers involved and release the information gains through the internal police investigation and if that is not sufficient, then appoint an independent third-party to conduct and independent investigation into the shooting so that this will never, ever happen again. She cannot even imagine what it feels like as a parent to lose a child May 24, 2016 279 and to lose a child to such violence and she hopes that the Board will take this into consideration. Bishop Mark Bourlakas stated he was thankful for the witness of Melissa and Avis. There is not a whole lot to add to their nice appeals. He is the Bishop of the Episcopal Church in SW Virginia and represents as a faith leader 13,000 Christians from Staunton and Lynchburg all the way down to Martinsville and Bristol and thank you for your work as he knows what it is like to serve a large constituency. He is also a resident of the County so he is concerned there. This is a tragedy. Kionte is a child of God; he had some sad life circumstances and remains voiceless and as people of God we try to stand up for those people who are voiceless and now he is dead and so as a faith leader we are concerned for that tragedy. His two daughters are here and his daughter Sarah graduated from Hidden Valley High School and it concerns him that it happened at a busy intersection where we shop. So, there is a lot of concern we have about what is going on and why were weapons drawn. There may be a very good reason for it, but as it has been pointed out by couple of people, we have not hear a lot. So, he is not here to blame, but to speak out for and hope that the Board as leaders will offer some accountability so that trust does not break down any further than he senses it has. Without trust there is the real possibility of further division and further violence and we should all be concerned and hopes the press conference answers some of those issues. The position of a teenager is dead and there is nothing further to be known is not acceptable. Polly Branch of 6928 Crowell Gap Road stated as a lifelong resident here she has never really had a reason to be concerned about police, their professionalism or their safety or any of our safety until the death of Kionte Spencer and the concern that she has had for the Spencer family and Kionte’s friends has been growing not only for herself but by others and she has been feeling about wanting to reach out. There has not been any type of reconciliation or appropriate response from the Police Department of the County that has felt appropriate at this point. She is saddened to think that there may have been a little or no official counselling offered to the family and does not know if that is a standard procedure or not, but it is one that makes her ponder for any type of future tragedy. She is hoping that Hidden Valley School has been able to keep up with their students and the needs they found there emotionally from the students and parents that have been questioning and fearing the police action that led to the death of Kionte. She has reached out to the family along with others and have been trying to learn about the process. She has not been surprised about the number of people who actually have been swelling and growing around these concerns as if it had been their own child. She knows there is protocol, of course, and understands there have been many unanswered questions, letters of inquiry, notes written to the Police on behalf of the family asking to be informed of the investigation process and to eventually be given back the belongings of Kionte. She was wondering if there was a relationship between the Board of Supervisors and the Police Department and if they are aware of the Police Department’s specific weapon’s training opportunities and May 24, 2016 280 funding needs. Do you think they have the support they need to be properly prepared as officers of the highest level of professionalism and safety especially in the age when types of militarized weaponry are sometimes offered to small communities like ours? Her request tonight is therefore about the counselling and the County Police Policies. Can the Board or Attorney help us or the appropriate body find out what the official written policy, standards and procedures are that the Roanoke County police follows regarding the use of lethal force, the use and release of dashcam videos and the internal investigation process? Lastly, we hope this of course never happens again to any of our children or loved ones, but would the Board be willing to look into the need for a liaison or counselor for such a tragic event so this may never happen again. Reverend Jean Edmonds stated she is a Presbyterian minister and retired chaplain of the Roanoke County Jail and the Roanoke City Jail. She stated she thinks in the last months of the vigils and the press conferences we have had, two things stand out in her mind. One was a picnic that we had at Garst Mill Park for Kionte’s neighbors and friends and she just recalls so vividly three, eleven or twelve year old boys who were Kionte’s basketball partners in the afternoon that is who he played with and those kids fighting back tears and one of them said, “This is so messed up.” Another one said “I just hope I get to see him again someday,” which stuck with her. Another one was at a press conference on March 9, 2016, that he held at the Martin Luther King, Jr., bridge where Mr. Jack Gravely, who is the Virginia executive director of NAACP. He came from Richmond and spoke requesting an independent investigation and she thought he said that this situation of not having an independent investigation involving the State Police was unique and mostly the State police are involved when there is an unarmed person shot by the Police. She called him in Richmond this morning to verify what he had said and she did speak with him and he said, “Yes, in recent tragic events like this, i.e. South Boston, Virginia Beach, Fairfax the State police were involved” She is just curious as to why in Roanoke, Virginia the State police were not involved or there is no independent investigation and she does not know who decides this. Does the Police Department just have say over that we are going to have an internal investigation and we are not going outside or does the Board have any jurisdiction over this? That is a question. Supervisor McNamara explained citizen comments are one-sides; so there is no interaction during citizen comments. She ended by saying she is aware that everyone in this room including each of the Board members could not be sorrier that we lost this young man to a tragic death. Everyone feels that way and we want to recognize that but hope that there could be something besides this internal investigation. Bernadette Brown stated she comes to the Board today with a heavy heart. She resembles the color of Kionte. She has a 15-year old son and as she sat back there, she had to change her notes because she is looking at a sign that says, “In God We Trust” and it is posted on the wall. What does that really mean? She trusts in a god that sees all and knows all, even the hearts. Has the Board seen these videos? What did you see? The God that you are speaking of on that wall, he saw what you May 24, 2016 281 saw and if you saw anything that strays from justice, it is your duty to speak on it. In her view, a picture is worth more than 1,000 words. To use the name of God should exemplify love, which in her family, believes is hope and faith, but at the rate of injustices hope is something that she now has to sit her children down to revamp the definition of; faith and hope, revamp the definition of. Only in the name of justice and love, she as have many others, have requested the release of the dasham videos that were related to the death of Kionte Spencer, a teen that resided in the County; a ward of the State of Virginia. She sits and does not see many tears, so she asks herself do you even connect with Kionte and his family’s grief. To date, no release of such video has been released, but pictures have been selectively released to the public. Have you seen them; what do you see? She stands before the Board to inform that a picture is worth more than a thousand words. The pictures that she saw release speak volumes. One picture, she saw a police vehicle within inches of running Kionte over from behind and yet he walks in stride. Anybody with logic knows that he was not aware that the car was that close behind him. A picture is worth more than a thousand words. She has a 15-year old son who cannot play with BB guns, while his friends of a different skin color can safely play with those same guns. This is a fact; look at the pictures. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Bedrosian stated he does appreciated those that came. This part of the process and the citizens needs to get involved and he loves the questions and the things you bring up. There is a process as Vice Chairman McNamara has talked above to go through that all the evidence is brought forth. We are not the police, we are County Supervisors so we have to trust in the process that there is a time needs to happen and tomorrow this will be brought forth. He thinks a lot of the questions that were brought up tonight will be answered. All of us will hear a lot of the answers. He just asked for patience. There is so much we don’t know and things like this incidence happen all over the Country and he thinks there has to be some kind of a process that allows the information to come forth and then let’s deal with it. This is great; he appreciates the comments that were made. As many of you know, we went through a budget process today and he is disappointed. In Roanoke County we have a record breaking budget under an all Republican Board; very disappointing to him. Another disappointment to him this evening and for many that know him he has been on the Board for three years and he is a true limited government, free enterprise type of person and it is sad for him to see that we have ventured into the free markets again and intervening in the private sector. We have done this once with the Green Ridge Center, which is in his district. We spend money every year on that and he just does not think that is really where taxpayer dollars should go. He also realizes that he is on the Board with five people and he will continue to vote his conscious and what he thinks is right and let the other vote theirs. Something else he brought up at an earlier meeting that we had at 3:00 pm, which he is disappointed in. He is an elected official from Hollins May 24, 2016 282 District. He goes out and he talks to people and he gets elected. They are his boss because they elected him to be here. The County Administrator was hired by the Board and he works for the Board and we work for the citizens and that is how it should be. We talked today about the Broadband Authority, which we are now spending money and interfering in the free enterprise system so government is now getting involved in Broadband and installing Broadband and selling Broadband and he personally thinks this is not our responsible. Bigger than that is that he has asked for information. We created this Broadband Authority, we give it taxpayer dollars. Even if you are a citizen of Roanoke City or Salem, you have already given them money because they went with this venture a year ago and now we are getting into it. His money, your money will be going into the Roanoke Valley Broadband Authority. When he asked the Roanoke Valley Broadband Authority how they were spending their money and how they were acquiring customers, they tell me that the information is confidential. So, it is interesting, we supply them with taxpayer dollars and they give us no information back. The walls go up, which is sad to him because that is not the way it should be. He has even asked the director of Roanoke Valley Broadband Authority how are you spending money, how are you getting money, how did you get PBS to come over to you and go away from Verizon with the response he cannot tell. So, he is very suspicious of walls being erected, especially when it is taxpayer dollars and he hopes that changes. Finally, he always closes talking about the United Way. Many of you know, he does not like the United Way giving money to Planned Parenthood. You may think it is an odd subject for a supervisor to talk about United Way giving money to Planned Parenthood, but we help facilitate United Way so he feels like he has the right to talk about it since we do give money to United Way by helping them facilitate their fund raising and if we are going to do that then he considers them part of Roanoke County. They have been providing money to Planned Parenthood for decades and he thinks that is wrong and thinks it needs to be talked about, so he talks about it each time that he comes here. He encourages people giving money to charitable organizations is great; he loves giving money to charitable organizations, but he just gives it directly. He does not go through a middleman. So, he urges the citizen if you want to give money to charities, which you should do, there is no need to go through United Way. Just give it directly to somebody, let them have the whole dollar instead of .0.85 of the dollar. Also, you won’t be helping an organization that supports Planned Parenthood. Supervisor Hooker stated before she begins with her planned comments, she just wants to mention that our hearts are heavy for the events that led up to Kionte’s death, we really do appreciate your coming and sharing your heart and we appreciate you being here. The note that she was going to end on had to do with the schools. Glenvar High School officially opened the newly renovated and expanded building on thth May 20, just as the school celebrates its 50 anniversary and it was really a great day. (Pictures shown of the ribbon cutting). The school has new brick and mortar, but what this new construction really offers is a new opportunity to continue our great tradition of May 24, 2016 283 education and we will continue to prepare students for the workforce in an ever- changing world. So, thank you for all that was done to make this happen. IN RE: ADJOURNMENT Vice Chairman McNamara adjourned the meeting at 7:35 p.m. Submitted by: Approved by: 0 / i alta i , .em••••III . •Deborah C. Jac P. Jason 'eters Chief Deputy Cle 3'o the Board Chairman May 24, 2016 284 PAGE LEFT BLANK INTENTIONALLY