4/24/2018 - Regular
April 24, 2018
165
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of April 2018. 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. There is no audio of the work session.
IN RE: OPENING CEREMONIES
Before the meeting was called to order an invocation was given by
Student Pastor Dan Gifford of Fellowship Community Church. The Pledge of Allegiance
was recited by all present.
IN RE: CALL TO ORDER
Chairman Hooker called the meeting to order at 3:02 p.m. Before the roll
call was taken Chairman Hooker stated that she wanted everyone in the room to know
that the Board is glad they are here. She stated she had a few “ground rules” that she
wanted to share. It is important for citizens to be involved and for the Board to hear
from you. We do have a lengthy agenda in front of us with County business to attend
to. So, she asked everyone to exercise self-control and be courteous as the agenda is
discussed. If at any time, there is a disruption to the meeting, she will ask our officers to
escort that person out of the room. There is a decorum that is expected. There is an
opportunity for citizens to speak and we welcome you to do that. Please sign up so we
can acknowledge when it is your turn to speak.
The roll call was taken.
MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid,
Phil C. North, Joseph P. McNamara and P. Jason Peters
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
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IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
County Administrator, Thomas C. Gates, asked to add a Briefing to update
the Board of Supervisors on the MVP project. There were no objections.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of Fire and Rescue Department's receipt of the
Governor's Award for Excellence in Community Risk Reduction
(Stephen G. Simon, Chief of Fire and Rescue)
Recognition was given. In attendance were Stephen G. Simon, Chief of
Fire and Rescue; Travis Griffith, Deputy Chief; Brian Simmons, Fire Marshall; Tim
Webster, Deputy Fire Marshall, Jennifer Sexton, Volunteer and PR Coordinator and
Elaine Bays-Murphy, Director of Cable Access.
IN RE: BRIEFINGS
1. Briefing to provide an update on the Mountain Valley Pipeline
project (Richard L. Caywood, Assistant County Administrator;
Howard B. Hall, Chief of Police; Stephen G. Simon, Chief of Fire
and Rescue)
Briefing was given by Mr. Caywood, Chief Hall and Chief Simon.
IN RE: NEW BUSINESS
1. Resolution to approve a Comprehensive Financial Policy for
Roanoke County (Rebecca Owens, Director of Finance)
Ms. Owens outlined the request for resolution.
Supervisor Peters advised he has several concerns with what has been
brought before the Board. The first is when you talk about having a financial plan and
when he looks at a financial plan you are looking at something long term. He has
spoken with several members of the Board. There is no facilities assessment yet. He
was concerned about the revenue sharing formula and the debt funding for the Schools.
Most of all, we never had a joint meeting with the Schools to have a conversation with
them and felt it was very important. There are a lot of good things in the policy as well.
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He does like the fact that the Schools are able to deal a little bit more freely with year-
end surpluses that they can move the money where it is appropriate for them. Again,
he has a number of concerns, one of which is that he feels the debt funding fails to
recognize, not that he wants to borrow more money, but is concerned when he looks
down the road. In 2003, in looking at the schools in our area, Patrick Henry was built at
$104.10 a square foot and most recently in 2016-2017, the Bedford Middle School had
a cost per square foot of $186. He has a concern long term. This is nothing today, but
he hopes that this Board, staff and the School Board and their staff will look at how do
we address this long term because he thinks there is a problem on the horizon five to
seven years out, but think it is something we have to address because the Schools
have a lot of needs on their side, less than we do and those costs are obviously not
going down. Now there are School safety issues. We are now dealing with Cave
Spring and feels there is a lot of costs dealing with that equation. He was glad to hear
that there has been conversations with the Board that they want to pass this and then
critique or fine-tune it as times goes on and he is glad to see that this is something that
is going to be in stone from now on because there are some areas that we need to
address.
Supervisor Assaid stated that one of the things that is part of this policy is
that it does get reviewed annually so that should help resolve some of the issues
moving forward with both the County and the Schools. It takes a vote of three at any
point to change this policy and thinks it is for future Boards. Ms. Owens stated there is
provision in the policy where staff would bring this to the Board for review on an annual
basis as well wording that allows for policy revision.
Supervisor Assaid commented the other thing that Supervisor Peters
brought forth was the funding formula. The formula has not changed from the MOU and
has just been put into the policy. It is already an agreement between the School Board
and the Board of Supervisors, a long standing agreement and it is now going into the
policy. So, it does require that the Board of Supervisors have three votes to change
and the other item with the $10 million in borrowing annually is no different than what
we have done since 2005. The language is the same and there is nothing new here. Is
that correct? Ms. Owens responded that is correct.
Supervisor Peters stated he wanted to clarify that he is not saying there
would not be any changes. He is just reiterating that through this process he felt it
should be a joint meeting with the School Board because it has been a long-standing,
since 2004 that the Memorandum of Understanding has been in place. He just thinks it
was a good time to sit down and make sure that it fits all sides moving forward.
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RESOLUTION 042418-1 ADOPTING A COMPREHENSIVE
FINANCIAL POLICY
WHEREAS, one of the measures of a fiscally, well-managed locality is the
adoption of formal financial policies; and
WHEREAS, these policies should be reviewed and amended periodically; and
WHEREAS, the County previously adopted financial policies and now wishes to
amend, restate and combine all financial policies and agreements into one
comprehensive financial policy.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That Resolutions 122104-2 and 061411-6.f adopting a General Fund
Unappropriated Balance Policy are rescinded; and
2. That Resolution 122104-5 adopting a policy for Use of General Fund
Revenues in Excess of Budget is rescinded; and
3. That Resolutions 122104-4 and 111213-12.e adopting a policy for Use of
Unexpended appropriations at the end of the fiscal year are rescinded; and
4. That Resolutions 122104-3 and 111213-12.f adopting a policy on the
establishment of Capital Reserves are rescinded; and
5. That Resolution 120704-2 adopting a Debt Policy is rescinded, and
6. That the Memorandum of Understanding between Roanoke County School
Board and County Board of Supervisors regarding the Revenue Sharing
Formula approved February 25, 2014, is rescinded; and
7. That Ordinances 111610-3 and 052510-7 adopting a policy for the use of
appropriations from the School Board year-end balance are rescinded, and
8. That this Comprehensive Financial Policy is in effect beginning July 1, 2018,
and subsequent fiscal years unless otherwise amended by the Board of
Supervisors.
On motion of Supervisor McNamara to adopt the resolution to approve the
attached policy, seconded by Supervisor Assaid, the motion was approved by the
following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
2. Resolution of the Board of Supervisors of the County of Roanoke,
Virginia declaring its intention to reimburse itself from the
proceeds of a financing for capital projects for public school
purposes (Rebecca Owens, Director of Finance)
Ms. Owens outlined the request for resolution; basically a housekeeping
item.
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Supervisor Assaid asked for confirmation that the borrowing does occur in the
correct year for the 10-10-10 policy with Ms. Owens confirming. There was no further
discussion.
RESOLUTION 042418-2 OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS
INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS
OF A FINANCING FOR CAPITAL PROJETS FOR PUBLIC
SCHOOL PURPOSES
Whereas, the Board of Supervisors of the County of Roanoke, Virginia (the
“County”) have determined that it may be necessary or desirable to advance money to
pay the costs of certain capital projects for public school purposes, including without
limitation the renovation of Cave Spring High School (the “Projects”).
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. The Board of Supervisors adopts this declaration of official intent under
Treasury Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to reimburse advances made
or to be made by the County or the School Board to pay the costs of the
Project from the proceeds of the County's debt or other financings. The
maximum amount of debt or other financing expected to be issued in one or
more series for the Project is $30,000,000.
3. On the date each advance is paid, it will be a capital expenditure (or would
be with a proper election) under general federal income tax principles or will
otherwise comply with the requirements of Treas. Regs. § 1.150-2(d)(3).
4. The adoption of this Resolution is consistent with the budgetary and financial
circumstances of the County Board of Supervisors.
5. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Assaid, the motion was approved by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the issuance of not to exceed $30,000,000
General Obligation School Bonds of the County of Roanoke,
Virginia, to be sold through the Virginia Public School Authority
(VPSA) (Rebecca Owens, Director of Finance)
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Ms. Owens outlined the request and advised Mr. Wray and Ms. Hodge
from the schools were in attendance to answer any questions. There was no discussion.
Supervisor Assaid made the following disclosure: As Director of
Operations for the Schools and as we are voting on an item which provides money for
capital projects to the schools and after consultation with the County Attorney’s office
while he has determined that he does not have a legal conflict of interest in voting on
school issues, he wants to avoid all appearances of impropriety in his vote today he will
be abstaining from this vote only.
Supervisor North’s motion to approve the first reading and set the second
reading for May 8, 2018, was seconded by Supervisor Peters and approved by the
following vote:
AYES: Supervisors North, McNamara, Peters, Hooker
NAYS: None
ABSTAIN: Supervisor Assaid
IN RE: CONSENT AGENDA
RESOLUTION 042418-3 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM H- 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 April 24,
2018, designated as Item H - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 2 inclusive, as follows:
1. Approval of minutes – February 27, 2018
2. Request to accept and allocate Technology Trust Funds in the amount of
$3,671 to the Clerk of the Circuit Court from the Commonwealth of Virginia for
fiscal year 2018/2019
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara, the motion was approved by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
A-042418-3.a
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IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Chairman Hooker stated that because of the number of speakers, she
would ask they speak on new information.
Anne Lusby-Denham stated she lives at 3512 Wright Road and is a retired
social work and worker at the Roanoke Valley local chapter of Represent Us, a group
dedicated to getting the impact of big money out of our government. She stood before
the Roanoke Board of Supervisors in 2014 expressing her concerns about the Mountain
Valley Pipeline and especially on our water and that threat remains with us and there
are others such as the threat of explosion. They say a picture is worth a thousand
words. She showed a picture to the Board and advised it is art by Genesis Chapman at
the Taubman right now of as gas explosion that could potentially happen on Bent
Mountain; this is his vision. Since 2014, she has come to know some of the residents of
Bent Mountain and what they are up against. Mountain Valley Pipeline is taking so
much away from them and other local communities without giving back. We all know
that the gas is going overseas and that one of the FERC members dissenting because it
did not problem public benefit. The threat to our water, both on Bent Mountain and here
is very real. A major point that she wants to make is the misuse of our County police,
protecting the interest of a Corporation rather than focusing primarily on protecting the
people. They should not be asked to withhold food and water from Red Terry and her
daughter, to spotlight them at night or to block communication with their lawyers.
Recently, they gave them food and water and that is a step in the right direction. She
asked the members of the Board to think how they might feel if their land and water
were threatened by this pipeline. Red and Minor are on their own property and should
not be treated as criminals. MVP are the ones that are trespassing. We used to
criticize Russia for the government taking over people’s property. How are we different
from that? Corporate power has gone too far. As example being MVP asking in
Federal court that US Marshalls bring Red and Minor down from their trees. This is a
huge risk. She feels strongly that members of the Board should oppose actions such as
that as well as withholding food and water. According to Section 401 of the Virginia
Clean Water Act, our Governor has the power to ask DEQ to do a stream by stream
analysis and he could also issue a stop work to MVP while it is being done. Citizens
and the Board should lobby the Governor to have this analysis done. Red is doing the
right thing for all of us in trying to protect her land in Bottom Creek. The creek and all
the bodies of water on Bent Mountain impact Roanoke’s water.
Revered David Denham of 3512 Wright Road, SW, Roanoke, Virginia is a
chapter leader for the Roanoke Valley and co-pastor for Tree of Life Church. They
have, through their work, 31 political leaders locally and State-wide, who have made
anticorruption, anti-big money commitments. Through our work together the Roanoke
City Council passed an anticorruption resolution in 2015. As Represent Us says,
Corruption is legal.” Too often when we confront an elected official (and it has happened
many times) when they are not going something for the public good, the response is,
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“Everything I have done is legal.” Yes, corruption is legal. This brings us to the
Mountain Valley Pipeline. The MVP by documentation does not, per the eminent
domain law, foster the public good. The gas will be shipped overseas; none for
Virginians here, documented by the Roanoke Times. No permanent jobs, drinking
waters at risk; it has been at risk at many other places, loss of sacred land to
homeowners for generations and the cost to taxpayers is off the charts. Meanwhile,
public officials are benefitting from campaign donations from interest groups directly
connected with the Mountain Valley Pipeline. As this is legal. Represent Us named
such legal behavior as corrupt. If this situation were occurring in the Roanoke City at
this time, Represent Roanoke Valley would be holding the City Council not behaving per
their anticorruption resolution, which they passed. The Roanoke County Board of
Supervisors is invited to consider such a resolution, which the Town of Vinton is
considering right now. Without that commitment behind you, we are left to hear you
express powerlessness as we have heard earlier. Since the MVP serves only big
money interests, Represent Roanoke Valley asks that this body represent the people
and not the big money interests as you would be now by claiming there is nothing you
can do. Marion Wright Edelman has said, “We do not have a child problem in our
Country, we have an adult problem.” By saying that we can do nothing, we are
furthering our poor adult example to the younger generation. So, what can you do?
You can tell the controlling interests that the Mountain Valley Pipeline does not meet the
test for the public good. Hold the Governor accountable for his campaign pledge of
stream by stream analysis. Continue to support the County police in their networking
hospitality with tree sitters. Network with local and State-wide political leaders, many
who are a part of that 31 committed who have identified that this is not for the public
good. Ask the citizens who you represent to organize with you. Seek a technical way
to legally stop the pipeline and then after that you can go with us to Richmond to help
develop an anti-corruption law.
Max Beyer stated he lives at 2402 Coachman Drive in Bonsack. He is a
citizen of the County and although a lawyer is familiar with the main issues regarding
the four-year old controversy. He wishes to support the current and past activities of the
Roanoke County government regarding the development and installation of the
Mountain Valley Pipeline, specifically in carrying out their constitutional responsibilities
in safeguarding persons and property in the County. His position is founded upon the
fact that this nation was founded upon and guided by laws and not by the actions and
beliefs of emotional men and women. Each one of the governmental officials in this
room have given their oath to uphold the Constitutional laws of the Commonwealth of
Virginia and the United States. These are applicable to citizens of the County, citizens
of the United States and non-citizens as held by the Supreme Court rulings. Simply
because a given law is contrary to desires and opinions of some County citizens, the
County government and its agents are required to enforce applicable laws and court
orders created in due process of law. This is true of the County citizens, a neighbor, or
in the case of a Supervisor. Because of his membership in the County-appointed
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Pipeline Advisory Committee, he has observed that a few County citizens who provided
input to the Committee and here again today do not agree with the stated principles.
They have expressed their misguided believe that County government should support it
citizens with sole regard to their interests rather than the law. The County has listened
carefully to their arguments and in many cases carried out their wishes in its
Constitutional responsibility to safeguard the welfare of its citizens, individually and as a
whole within it constitutional authority and that is within the law. Under the guise of civil
disobedience, some parties have exhibited their objections to the pipeline in an action
that is in support of American history. The more such disobedience continues in
violation of law to include court orders, County officials are bound by their oath to
enforce the law, this response and action is justified and more is expected by most of
the County citizens, to include himself.
Mert Rives of 10239 Bottom Creek Road in Bent Mountain stated she is
here just to speak briefly. She was struck this morning when she took her trash down to
the end of the road; when she was going back up her driveway, she looked off to her left
and saw a 125 foot swath of pine trees laying on their sides. When she looked off to
her right, she looked into a hayfield that had standing water several inches deep and
she was struck by how her property, her 15 acres of flat land primarily, serves as the
filter for the water that runs down Bottom Creek and serves the people of the Roanoke
Valley and the New River Valley; serves the people of Virginia. She is just scared to
death that we are giving up the chance to protect our water and that is why she stands
with Red. She and her daughter are trying to protect the water that flows clean pure
and wonderfully from the top of the mountain down here for you to drink. So, she does
not have a whole lot more to say, wants to thank Mr. McNamara. He did come up the
other day and visit the tree stands. She does not believe any of the rest of the Board
have been up. She would appreciate if Mr. McNamara would come up more often;
thinks that is the only time he has been up in the three weeks that the tree stand has
been there and would like to include all of you to come up. Come to her house
tomorrow. It is going to rain all night. Drive down her driveway and look to the right and
look to the left and make up your own mind
Jenny Chapman of 81 Glendale Road, Bent Mountain stated Quaker Earth
Care Witness is a national organization of Quakers known as the religious Society of
Friends with a concern for the environment as well as social justice. Here is the minute
generated at our recent annual conference in Chicago. This minute is disbursed
nationally throughout every Quaker meeting in North America and from there on to
various media. “We, the friends of Quaker Earth care Witness recognize the
sacredness of the earth and follow our spiritual leadings.” We are aware of the damage
that would occur from the 42 inch pipeline that will carry natural gas extracted from wells
in West Virginia using hydraulic fracking. This process that has the potential to release
significant amounts of methane gas, a potent green-house gas accelerating climate
change. We hold in the light and support all of those protecting the land, air and water
under their stewardship from the destructive natural gas pipeline, the Mountain Valley
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Pipeline proposed for southwestern Virginia. In specific, we have deep concern for the
citizens of Bent Mountain, Virginia and those following their conscious have undertaken
a non-violent act of civil disobedience and sitting in trees to prevent the cutting down of
trees on their private property. We see the harsh response of local and State police,
under direction of the higher authority of the State of Virginia to prevent food and water
be delivered to those sitting in trees as a violation of human and civil rights. We ask for
the immediate intersession by persons in higher authority to direct the police to desist
this action and allow basic needs to be delivered to tree sitters and continue their
rightful demonstration.
Annie Woodford of 2305 Lyndhurst Street in Roanoke City thanked the
Board for serving the community. Citizens who oppose the pipeline have exhausted all
other forms of recourse and justice has not been served because the system is rigged
in favor of corporate interests. Our regulatory bodies are appointed by pipeline
interests. Our politicians take donations from the pipeline companies and Congressman
Bob Goodlatte’s wife has a directorship and stock holdings in MVP’s parent company. It
is not too late to stop this pipeline. We all have an individual, moral duty to protect to
stop this needless waste and destruction of our environment and our watershed. Just
saying that you cannot help because you are doing your job is not a moral response.
Hannah Arendt a Jew who narrowly escaped Nazi Germany, made it her life’s work to
understand how ordinary people could be capable of great evil. They do so by believing
themselves to be as she said, “Mere cogs in the administrative machinery who justify
evil acts as “just doing their jobs.” As Martin Luther King taught us, “not all laws are
just.” If what MVP is doing is considered legal, then we must all fight these unjust laws
by exercising civil disobedience.
Bob Crawford of 6620 Shingle Ridge Road in Roanoke County stated he
would like to focus on a couple of the issues that we need to keep in mind. Why are the
tree sitters demonstrating? While he is not appointed to speak for them, it is obvious
that it is a matter of challenging injustice. The public need, which is the justification for
the use of eminent domain has not been shown for the gas pipeline. What has
happened is that EQT and its partners and their multiple subsidiaries have simply
committed to buying MVP’s gas, but most all of it will go overseas, no doubt, since
these companies have not actually use for it and the use and the need have not been
shown for the gas. This contracting has been wrongly accepted as showing “public
need” to satisfy the law. This is a travesty of justice and the intent of the law. The
public understands that very well. A couple of other things, he would like to mention the
practice of apply sleep deprivation to the tree sitters on the mountain. This is a well-
recognized and standard torture technique. Sleep deprivation depletes the individual
and they become weakened and finally they are just not able to function. So although
the EMS folks say when that happens and they cannot handle themselves, they can
climb up there and rope them down. Well, he hopes they can because he does not
think the intent is to allow them to be tortured to the extent that a death or maiming or
serious injury will result, but that is the likely outcome. Another thing is that it creates
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the impression of a military police state. When bunches of officers go up to the
mountain to surround peacefully demonstrating citizens who are expressing their right to
protest. So to have large numbers of police, some with military assault weapons,
protrolling peacefully protesting citizens should not be allowed. This certainly will
destroy the efforts the tourism bureau might make as it spends a lot of money trying to
encourage people to come to the beautiful Roanoke Valley.
Michael James Deramo of 103 Mountain View Drive in Blacksburg,
Virginia stated he would like to thank the police officers who have made their
interactions mostly cordial. They did omit a few things that he would like to bring up.
There was a third tree house that was up and actually roped off before anyone was able
to get in it. Before that was roped off, police officers actually came and pelted it with
rocks to see if there was someone inside. Furthermore, people overheard police
comments offsite in which they joked about cutting down the trees anyway and simply
putting mattresses nearby and hoping that they landed on them. Furthermore, they
have continued to engage directly with MVP before any of the actual citizens came on
site. MVP has continued to use intimidation tactics against peaceful protesters; doing
things like taking pictures of faces and license plates, following them extremely closely
sometimes up to an hour to and from different locations. Telling people that they are
being watched, their Facebook are being watched; telling landowners they will be
arrested for taking pictures of construction that is taking place on their land and before
the 24 hours police presence began to take place, private security members were seen
on people’s land in the middle of the night; on and off of easements. Unfortunately, no
pictures were able to be taken because it was in the middle of the night. Finally, private
security members have made comments to people saying things like, “I know how to
make people disappear.” These are private mercenaries that are coming from out of
state into our area and you may not have the ability to stop this pipeline overall, but you
need as a Board be able to protects its citizens from these private mercenaries who
have a sole interest in protecting the profits of Mountain Valley Pipeline. Finally, he
would like to address the idea that since this is lawful, we have to do everything we can
to push forward. At Love Canal, several decades ago, an entire community was built on
a toxic waste dump and people were getting sick and babies were born with birth
defects, if born alive at all. People were told over and over again that this was legal and
it wasn’t until citizens organized and took non-violent, direct action that the EPA created
the superfund project. It was because of citizens like this who had to break the law
because the system was not working for them and was putting their lives at risk that this
crucial policy that is currently in place was created. We need your help because the
system is not working for the people of Roanoke County.
Anne Armistead from 201 Woods Gap Road in Floyd Virginia stated she is
a co-founding member of Preserve Floyd and she apologized that we were not
successful in stopping this pipeline and was diverted to Bent Mountain, which was
definitely not their goal. She is not sure if the Board is aware that the United States has
plummeted. We used to be recognized as a full democracy in the world, but according
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to the Democratic Index, we are now a failed, flawed democracy. There are only 19
counties in the world that are recognized as full democracies now. She does not think
that will surprise any of the active citizens who are working to protect the clean water in
this area that our democracy has failed. She would love to trust her legal system. It is
hard to do that when they catch the bank executives at the very top of the food chain of
HSBSC and they failed to take them to court for laundering drug cartel money in the
billions; not even a slap on the wrist. It seems our laws have a different standard for
corporations versus citizens. MVP is out there being protected by police, while they
violate actual regulations. There is no biologist on site and that is supposed to happen.
They won’t even follow the rules in tree-cutting, how are you going to rest assured that
the pipeline is going to be built properly. Right now, Flint, Michigan has no clean water.
She would hate to see that happen to Roanoke and what are you going to do for
economic development when your water is as bad as Flint’s. Pipelines leak. MVP has
a horrible record of pipelines leaking. Now, as far as the police go, she recognizes they
have to enforce the laws even when they are unjust and active citizens are trying to get
us back to a democracy, but they do not have to deny human rights. Spotlighting is
torture. So is sleep deprivation. She used to be a mental health therapist. It destroys
your brain, so the spot lighting needs to stop immediately. Also, no basic rights of food
and water? You would have a serial killer in prison and you are not going to deprive
them of food and water and in her opinion, those landowners are simply exercised free
speech rights; it is the only way to get the message out and thank heavens for the
Washington Post and their brave actions. If we are ever going to get back to a full
democracy, we need active citizens and just trying to label them as activist and making
it as a dirty word. People are actively giving their time and energy trying to make this a
better country and a full democracy again. She hopes the Board will try to protect the
rights of active citizens.
Carolyn Cunningham of 6426 Meacham Road in Roanoke County. She
has a Salem address and they are only going to use her land as an access road, but
she only has 2 1/2 acres and they are going to take a quarter of it. She still has to pay
taxes on it. She thought in America you had the right to work and earn and make
something and build your own place and own something. They come in and just take it
away? She will not be able to get in and out of her driveway. She has a dog who
knows the limits where he can run. She won’t be able to let him out of house unless
she puts him on a leash. She has a well in her front yard and has a small front yard; the
land is all in the back. They are going to take her front yard and they are going to take
all of her Christmas trees that we planted each year. She lost her husband almost 15
years ago and every tree you are cutting down is going to be a memory that you took
away from her. She won’t have anything to remember when you get through tearing up
and cutting up. She thought we had a right to own something. This is not right. This is
America; what happened to it?
Lisa Thomas of 3228 Lawndale Road stated she has never stood up for
anything. She has not been involved in politics. She has not been vocal about anything
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and she is absolutely opposed to this based on everything that everyone has said here.
She called FERC and spoke to Sarah McKinley for a very long time, a very long time
and was basically told that these studies that our outlined in the EIS have not
necessarily been done. What she does not understand is how you are going to go up
into a terrain, some geography, and think you are going to do this multi-trillion dollar
project and do no due diligence. Why has MVP been allowed to say, “Yes, we are
going to do this with no due diligence. There has been no environmental studies.
There has not been a stream by stream analysis. Her curiosity is when does this sort of
thing happen? She would imagine you would do that before the construction and also
when she was up there they had chopped down trees and fallen between 75 feet of the
streams and she asked herself, “isn’t that a violation of the EIS” and in fact it is. So
then, then next day or days later she comes up and see they have put up signs,
“Wetlands” and she thought shouldn’t they have put up the signs first before they
started cutting the trees? So, they would know where not to let the trees fall. It seems
a little haphazard. The fact that this thing was allowed to pass by a FERC board of
three instead of five is also of some concern. We followed the law in a lot of ways that
were wrong in history. Just as everyone here has said, we followed the letter of the law
and we were wrong. We were wrong during segregation. This is wrong now that
corporate entities are allowed to dictate eminent domain. Do you not know what a
slippery slope this is? This does not benefit us and these landowners have let AEP
come through with easements to put electricity lines through. They were onboard with
the windmills. They were asked if they would be willing to take out huge pieces of trees
for solar farms and they said absolutely. This is not okay. This is “corporate tyranny”
and implored the Board to help them in any way and she is sorry that she has not been
present but she is here now and she is staying. You will see her again.
Thomas Elswick of 11597 Stewardsville road in Vinton, Virginia state he
just came into this situation and he is not for it at all. He runs a hostel for the
Appalachian Trail called Duck-N-Hut Hikers Hostel. They are a community
organization, not a business. This not only effects Bent Mountain, but it effects 303
miles of 150 foot swath going through our forests and going through our Appalachian
Trail. People come from all over the country and different counties to hike our trail.
There is a source of income for Virginia and he is passionate about his trail. It is sad
that we are applying guerilla warfare against people who are trying to stand up against a
pipeline that is no good. You can google it. You can look on the internet, type in natural
gas pipelines and you will see a list that continues and continues of deaths and injuries
and explosions and breaks and leaks and water contamination. Where do we draw the
line? Are we going to just cut swaths through Virginia? He is not from Virginia; he lives
here now. He is from Baltimore, Maryland and anybody who knows the city knows it is
not a clean place. So, he is not for this pipeline. He believes that withholding food and
water at the discretion of the police is not their place to call and that is guerilla tactics.
Shining spot lights, sleep deprivation are guerilla tactics. This is not right on so many
levels and people are here talking to you the Board to ask you to try and intervene, “Oh,
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I can’t; it is not part of my job” or “I can’t because a higher authority over us” is not a
valid excuse. We have to draw the line somewhere. Are we going to let our trail and
Bent Mountain and explosions and stuff like that happen around here. Is that what you
want for your citizens; people’s lands being taken under eminent domain by a private
company, an LLC, that can change their LLC after they put the pipeline in and have not
liability for anything that happens. How is eminent domain afforded to private
companies? He does not know all this; he does not know everything. He is just coming
into this thing and as the lady said before he is here to stay. Stand with Red.
Dan Crawford of 2311 Kipling Street, SW stated living in the City he faces
a different personal threat. God knows he cares about people at ground zero. Their
lives have already been shortened by stress. Plantings have had to be put on hold.
This is terrible for them but for mankind and anyone who cares about our future, this
radical expansion of the fossil fuel industry is in the wrong direction. If we are going to
have a future, invest that money in the future: renewables such as solar, wind and
other renewable energy. Fossil fuels are short-term and big profit for corporations. He
understands the Board is in a very awkward position. In some ways there are some
things that you cannot do when you are up against the federal government. He
appreciates the fact that right out of the gate, Roanoke County was the first municipality
to express dire concern that actually translated into opposition to this pipeline. What
can you do to stop it is tricky. We are in an awkward position. He understands and
reminds the Board that in the not too distant future, this area is going to be bigger news
than Apple and Keystone added together. It has already begun, the Washington Post,
on a national website were pictures and story. Here it comes and he wants to urge the
Board to make sure in the months to come you don’t look back and regret some actions
performed by some of the people working under your direction. Right now, a lot of what
you are doing is admirable and some of what you are doing you are going to feel bad
about later as it becomes a national news story. So, please, be careful and do what you
can and this thing is far from over. He appreciates the fact that those people under dire
threat, whose lives are stressed, are acting very responsibly, very carefully and very
legally and he thinks as it relates to them you need to reconsider because in the future
you will have to look back at a national story and there will be people to answer to.
Carla Finch of 4454 Laurel Wood Drive in Roanoke City stated she is not
good at public speaking and did not plan on speaking today, she is very nervous. She
just wanted to say like her friend here said, she has never been politically active in
anything in her life and unfortunately she can in the game a little late and it was when
Red went up in the tree stand. The day that she went up, she went to her family’s land
and met with them and can tell you that they are 100% dedicated to this and it is not just
for their family. It is for all of us here in Roanoke that are going to be effected by this
eventually. Pipelines do leak; it is a fact. They leak and when this happens, it is going
to affect all of us and is going to affect your grandkids, your kids. We are not going to
have clean drinking water. We are going to have so much erosion and to sit by and just
throw our hands up and say, “I cannot do anything about it.” Yes, you can. Stand with
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us, take a stand, please because there is nobody else to do it. If we don’t do it who is
going to do it. She knows right from wrong and that is what this comes down to. This is
wrong and when she hears of a 61 year old woman fighting for her land that was
granted to her from the King of England being starved out and lights shined on her, it is
heartbreaking and she does not see how anybody in this room cannot be completely
moved by what this is doing to families, farmlands. The people in this community are
heartbroken and you can see it all around you. It is talked about every day. So, she is
begging the Board to please, please take a stand.
IN RE: REPORTS
Supervisor moved to receive and file the following reports. The motion
carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of March
31, 2018
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of March 31, 2018
5. Accounts Paid - March 31, 2018
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of February 28, 2018
7. Proclamation signed by the Chairman - GBS Awareness Month
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Peters stated he has a couple of things today. As a recap of
things happening in Vinton, the Jae Valley Park over in Mt. Pleasant opened last Friday.
As you heard on the news, the Vinton bike share added a station at the Vinton farmers
market in Vinton. Sheriff Orange came out last week and he was unable to be there due
to work obligations, but Supervisor North was there as they placed another drug take
back box there at the Vinton Police Department so that people can turn their unused
drugs in. He appreciated Sheriff Orange doing that. Starting tomorrow, the Vinton
Dogwood Festival will kick off (if the rain subsides) with a carnival all three nights then
the parade on Saturday. If you get a chance and are tired of the rain, come on out to
Vinton.
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Supervisor North stated he had a few comments on some civic visitations.
He went to the Vinton Police Dept. and the drug take back box is open from 8:30 to 4:30,
p.m. Monday through Friday. It is a good way to get rid of unwanted drugs around the
house that you don’t need anymore. Also, on April 19, 2018, he attended the
Greenways Meeting and the Berglund Center seeking citizen input for future greenway
plans and this past Saturday, April 22, 2018, attend the grand reopening of Gander
Outdoors on Gander Way, just off Plantation Road and Hollins, which is a nice welcome
back for that business. Just a comment on our financial policy that we passed today, it
was a quantum step in the right direction to bring focus and everything under one
document. He supports that and looks forward to working with the Board as we move
forward in the future as it regards our annual review of this document. By the way, the
biggest plus that he can see out of this is it helps the schools take the surplus money at
the end of the year and direct where they want it in addition to the two places in the past,
which was major and minor capital.
Supervisor McNamara stated he just wanted to touch base real briefly. He
wanted to do a special thanks to the folks that came and spoke today. We have had
speakers that kind of ignored the rules, or basically were rude shouting, hollering over
each other on very, very small issues in the past and they are truly dealing with a big
issue so he would like to thank them for their cordial approach. It was very much
appreciated. Also, the Police force, when the Chairman and he were up there yesterday,
are not making judgments that the pipeline is right or wrong and are enforcing the law
and they their goal is to keep people safe. They probably have things they would prefer
to do than sitting in a tent watching it rain outside, but they do it because they signed up
to protect our citizens. So, they are appreciated. He would also say that Mr. Terry was
referred to a couple of times during the presentation, it is his wife and his daughter that
are up in the tree stands. He has been very, very cordial and makes sure that things
stay professional and that everyone is respectful. He wanted to thank folks for that. To
the public who might have heard some of these things, our Police department is not
starving anybody out of trees; that is not the intent and it is not happening. Roanoke
County is not withholding food and water; it has not occurred and is not occurring
currently. With regard to the spot lighting, there are no torture techniques going on. It
makes for good press and he has been reading about it for days, but it is just not
happening. So, don’t think our police force is doing that; they are very professional and
doing an excellent job and the protestors on the ground are very respectful to the police
and would like to thank them for that too. Is it not a great situation and is not a situation
that anyone on this board wants us to be in. We are here and the Courts are the law in
the land and that is where we are. He was at the Back Creek Civic League meeting a
couple of days ago and Ms. Hans, Director of the Prevention Council, gave a
presentation and one of the Sheriff’s Deputies was there talking about their tack-back
box, but it was again about the opioid crisis, the drug crisis in the Roanoke Valley, which
was in an article in the paper today talking about the increase in the number of fatalities
and the number of actual overdoses increasing as well. It is a huge problem and was
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addressed at the last State of the County as one of the two or three biggest issues facing
Roanoke County over the next couple of years in the decade. There are a lot of people
working together trying to come up with solutions, but it is a very difficult to put those
solutions together, but he would like to thank them for their work and the Police force and
their work with that as well as the School systems.
Supervisor Hooker stated she has a couple of quick comments. She too
was really impressed and moved when she went up to the mountain yesterday and we
were able to see civil discourse between protesters and tree sitters and police. It was
actually quite amicable and she is really proud of the citizens, who obviously are very
passionate and for the most part are keeping things very cordial while they are holding
their grounds. Just a reminder that we did pass a resolution early on in this process
stating our opposition to the Mountain Valley Pipeline and think staff has done an
awesome job; Mr. Caywood is really to be highly commended for his hard work to make
sure that the citizens are informed and what they can and cannot do. It really has been a
valuable resource; we appreciate your work along with Police and Fire and Rescue.
They are to be commended. It was a surprise to her on that trip and she appreciated all
that happened there. On a totally different issue is the 2018 Spring Career and Life Style
Fair on Tuesday, May 1 2018, from 9:00 a.m. until 1:30 p.m. at Berglund Special Events.
It is free. Recent college graduates, job seeks, those interested in local lifestyle
opportunities and individuals seeking job opportunities should attend. There will be over
75 organizations there. This is sponsored by Economic Development offices of the City
of Roanoke, Salem and the Counties of Roanoke and Botetourt and several sponsors.
Please make sure to attend if you have any interest in looking at a career and life style
opportunity.
Chairman Hooker recessed to the fourth floor at 4:44 p.m. for work
session.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the County
Administrator's Proposed Fiscal Year 2018-2019 Operating
Budget and Fiscal Year 2019-2028 Capital Improvement Program
(Thomas C. Gates, County Administrator; Rebecca E. Owens,
Director of Finance; Christopher R. Bever, Director, Management
and Budget)
Due to technical difficulties; there is no audio for the work session.
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182
Mr. Gates provided a brief overview; turned the meeting over to Mr. Bever
who advised this was the third and final work session on the budget. There have been
changes in the capital budget to align to financial policies and had put together three
options for the Board’s approval: Option (1) – Cancel Public Service Center Capital
Project, (2) Bonds and Cash in Fiscal Year 2020 and (3) Bonds in Fiscal Year 2020
and 2023.
Supervisor Peters asked if we have any cash to move forward with option
#2, with Mr. Bever responding call the cash has been spread out and would need to
eliminate all the projects.
Supervisor McNamara thanked staff for coming back with what they had
request. The current fiscal year end cash strapped; would find it have to believe we
could find $2 million.
Supervisor Assaid inquired how can we make a decision without the total
scope. Mr. Rob Light, Director of General Services, commented that Option #3 seems
to make sense and other stages will be done.
Supervisor Assaid commented that he would like to see Mr. Light’s
response as a budget memo and asked if we are in violation of our own policy. It was
noted that the facility study would be ready to submit within the next two weeks.
It was the consensus of the Board to move forward with Option #3.
Supervisor Assaid requested that Mr. Gates have Mr. Light provide a
schedule and update with Mr. Gates responding he will also update CIP and CMP.
Supervisor Assaid then stated that the Bent Mountain Community Center
should be taken off as it will be covered by the facility study.
Supervisor Assaid asked that a footnote regarding the facility study be
included.
Supervisor McNamara inquired concerning the development on
Woodhaven and the fact that we are on the hook if they float a bond. Are the funds
available with Mr. Bever responding at 2019, there should be $3.2 million in economic
development funds?
The work session was held from 4:55 p.m. until 5:28 p.m.
April 24, 2018 183
IN RE: ADJOURNMENT
,rr�� Chairman Hooker adjourned the meeting at 5:28 p.m.
submitted by: Approved by:
L41-e \:<Ort
7
Deborah C.
erMartha B. Hooker
Chief Deput k to the Board Chairman
April 24, 2018
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