HomeMy WebLinkAbout3/24/2020 - Regular
March 24, 2020
127
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of March 2020. Audio and video recordings
of this meeting will be held on file for a minimum of five (5) years in the office of the
Clerk to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Radford called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman David F. Radford; Supervisors Martha B. Hooker,
Paul M. Mahoney, Phil C. North and P. Jason Peters
MEMBERS ABSENT:
None
STAFF PRESENT:
Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator; Peter S. Lubeck, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: BRIEFINGS
1. Briefing to update the Board of Supervisors on the Coronavirus
emergency (Stephen G. Simon, Chief of Fire and Rescue)
Chief Simon provided the update.
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Mr. O’Donnell advised staff is trying to continue as many services as
possible, but the buildings are closed. We want to make sure that the public knows they
need to either call in or email if they need any service. The buildings are closed so they
cannot come up to the building. All the contact information is available on the County
website. And we have initiated our teleworking policy. So, a large number of our
employees are working from home and there are some who are on administrative leave,
but really we have decreased the amount of people in the workplace so the social
distancing among employees is much easier to maintain. We also have at Social
Services in Salem a drive-through window, so if citizens really need to contact someone
at the social services staff, they can call and go to the drive-through window and make
an appointment to talk to somebody face to face. He added he just wanted to show
how we are complying with the directives from the State on the health situation.
Supervisor Peters stated it goes without saying, you have the support of
this Board. This is an unusual time for all of us. He really appreciates the response of
Roanoke County getting together with our regional partners and being prepared and
ready for what may be coming at us. We have not seen it yet at our backdoor, so to
speak, but we all see the numbers and see them escalating every day and it is just a
matter of time, but thinks they have done a great job of preparing us for this. Thank
you.
Supervisor Mahoney stated that he thinks what Mr. O’Donnell and his staff
have been doing in response to this has been great. He thinks all the steps and all the
measures you and Chief Simon have implemented to try to still provide essential
services to our citizens is fantastic. The question he would have is have you had to
reallocate or reassign people who were maybe in less critical areas to maybe provide
more support to the more essential functions so that they were able to get some relief
so they could go home and take care of children, etc. Mr. O’Donnell stated we have not
had to do that yet; there have been some, for example someone that works in Parks
and Recreation who is working in Building Permits answering the phones, so there has
been some reallocation, but not to back up the emergency services staff. We are
looking for those opportunities and we also do telephone calls with about 27 different
departments twice a week to go through how this is working out so we are in constant
contact with each other about what our needs are. One of our goals is to try to keep
everybody working. Health and safety are first and providing services is second, but we
do want to do the best we can to keep people employees. Supervisor Mahoney stated
he was just concerned that Chief Simon and Chief Hall’s people were worn out and any
assistance from other people in the organization would be great. Mr. O’Donnell stated
we may see more of that as things develop.
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Chief Simon responded they are utilizing some of our County staff from
Parks and Recreation Department and our Director in Planning. They do an
outstanding job in planning. In our incident management team there is a section called
planning, and we have enlisted a number of their staff since their programs are
shutdown, they can help us and that has taken a great deal off of us. He has only had
to assign one (1) Battalion Chief to that. They are doing an outstanding job. We have
allocated a little bit of that at some of the smaller levels. We currently have plans to
look at all essential positions and what cross-training those would have so if we got into
this for a very long haul, we could be utilizing them. All of that is going on in the incident
management model with our planning and our logistics section. We have not had to
activate a lot, but we did call our General Service Director, Rob Light. We utilize him for
our logistics. There are people in the finance department, Laurie Gearheart, is over
finance from an incident management standpoint. So, we are pulling those other
individuals because it would be very difficult if it were just Fire and Rescue and Police to
manage all of that. Also, a lot of these individuals have some great expertise, they are
professionals, and we can utilize them in those key roles and that is what has helped us
move the process along.
Supervisor North stated certainly who would have thought last October or
September that the notebook you passed out would ever have to be used inside of six
(6) months. Prior planning prevents poor performance, so certainly you folks have been
doing a great job, proactively. However, he hopes that this never happens, but this
could be the calm before the storm in SW Virginia. He thinks the fact that we are rural
area bodes well, but it does not mean we should not take precautions that all of us are
taking. This point was echoed today on the conference call with Dr. O’Dell. However,
have we offered any of our infrastructure or buildings that we are nor longer using that
are closed in the area to the Virginia Department of Health or the other healthcare
providers like Carilion or Lewis Gale for potential use if needed? Chief Simon
responded in the affirmative stating he has had conversations with senior management
at Carilion, last week. They actually reached out to us and we talk to them daily almost.
We do the same thing with HCA, more so with Carilion. They have done an inventory of
all their facilities. We have had detailed conversations with them if they had to do
anything with their buildings to reallocate resources or put patient load into other
facilities. We have done onsite with them as it relates to the Virginia Department of
Health Deputy Chief Campbell was with other agencies today including the Health
Department looking at sites where we are going to do drive-in testing eventually in the
future. We are doing all of the planning aspects with the Virginia Department of Health
and the Virginia Department of Emergency Management. He would like to say, the
local governments are leading this. We are on the forefront. The Health Department
has been fairly overwhelmed.
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Virginia Department of Emergency Management is not the lead agency, but they have
been working hand in hand with us. We have reached out to all those avenues and at
this time, they have enough, at least the hospital systems have enough internal facilities
that they are looking at and they would utilize, but we do have open facilities that we
could go ahead and transfer over to them in case of an emergency and we have those
through our Incident Management Team.
Supervisor North stated he heard just before today’s meeting that Carilion
has asked for anyone in the area that has supplies to lend to them to let them know.
Chief Simon advised we have enough PPE for our personnel and we supplied them to
some of our other Departments that are doing direct contact. Currently, the supply
chains are slowly starting to move. Rob Light, with logistics, as a number of orders out
for cleaning that we are hoping to get in, but we had a nice supply. We were very well
prepared, more so than some other jurisdictions throughout the State, based on what
they are hearing on these conference calls.
Supervisor North stated that today on the Governor’s call that the first
shipment from the Federal stockpile supply of PPE and masks have arrived in Virginia
or is enroute and the next one will arrive next week. Chief Simon advised he was aware.
Keep up the good work and don’t burn out.
Supervisor Hooker applauded the efforts of staff, Chief Simon and we feel
safe and in good hands. Thank you.
IN RE: NEW BUSINESS
1. Resolution supporting an amendment to the Virginia Freedom of
Information Act (FOIA), to further enable public bodies to meet by
electronic communication means during times of emergency
(Peter Lubeck, County Attorney)
Mr. Lubeck outlined the request for resolution.
Supervisor North asked if any other local governments thought about
enacting something similar with Mr. Lubeck responding it is his understanding that they
have. He has been in contact with Eldon James our legislative consultant and he has
affirmed that even after the Attorney General’s opinion that was issued, he has been in
contact with some other local government attorneys and they too are considering
moving forward with such a resolution. Mr. Lubeck added that he shared a draft with
Mr. James and asked for his permission to share with other local governing bodies and
he does expect some to follow.
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RESOLUTION 032420-1 SUPPORTING AN AMENDMENT TO
THE VIRGINIA FREEDOM OF INFORMATION ACT, TO
FURTHER ENABLE PUBLIC BODIES TO MEET BY
ELECTRONIC COMMUNICATION MEANS DURING TIMES OF
EMERGENCY
WHEREAS, Section 2.2-3708.2 of the Virginia Freedom of Information Act
presently allows any public body to meet by electronic communication means without a
quorum of the public body physically assembled at one location when the Governor has
declared a state of emergency in accordance with Section 44-146.17 of the Code of
Virginia, provided that (i) the catastrophic nature of the declared emergency makes it
impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose
of the meeting is to address the emergency ….”; and
WHEREAS, Section 2.2-3708.2 does not enable a local governing body to meet
by electronic communication means to provide for the orderly and continuing operation
of government during times of emergency.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the Board encourages the Virginia General Assembly and the
Governor of the Commonwealth of Virginia to amend the provisions of the Virginia
Freedom of Information Act, to further enable governing bodies to meet by electronic
communication means during times of emergency, in order to provide for the orderly
and continuing operation of government.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
IN RE: PUBLIC HEARING
Ms. Gearheart outlined the request for public hearing.
Chairman Radford recessed the meeting from 3:27 p.m. until 3:37 p.m. to
allow for citizen comments.
Chairman Radford opened and closed the public hearing with no citizen
comments.
IN RE: SECOND READING OF ORDINANCES
1. Ordinance accepting and appropriating funds in the amount of
$3,020,308 from the Regional Surface Transportation Program for
the Roanoke River Greenway through Explore Park (Richard
Caywood, Assistant County Administrator)
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Mr. Caywood outlined the ordinance. There was no discussion.
ORDINANCE 032420-2 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $3,020,308 FROM THE REGIONAL
SURFACE TRANSPORTATION PROGRAM FOR THE ROANOKE
RIVER GREENWAY THROUGH EXPLORE PARK
WHEREAS, it is a priority to construct the Roanoke River Greenway through
Roanoke County; and
WHEREAS, the County was awarded Regional Surface Transportation Program
(RSTP) grant funds, now named the Surface Transportation Block Grant (STBG), in the
amount of $3,020,308 for design and construction of the Roanoke River Greenway
through Explore Park; and
WHEREAS, the project is locally administered, and certain agreements between
the County of Roanoke and the Virginia Department of Transportation (VDOT) must be
executed for this cooperative work to be accomplished; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, the first reading of this ordinance was held on March 10, 2020, and
the second reading was held on March 24, 2020.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as
follows:
1. That the sum of $3,020,308 is accepted and appropriated from RSTP/STBG
for the purpose of completing the Roanoke River Greenway through Explore
Park.
2. That this ordinance shall take effect upon its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 032420-3 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
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That the certain section of the agenda of the Board of Supervisors for March 24,
2020, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 2 inclusive, as follows:
1. Approval of minutes – January 14, 2020; January 28, 2020
2. Resolution encouraging all Roanoke County residents to participate in the
2020 Census
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
RESOLUTION 032420-3.a ENCOURAGING ALL ROANOKE
COUNTY RESIDENTS TO PARTICIPATE IN THE 2020 CENSUS
WHEREAS, the U.S. Census Bureau is required by Article I, Section 2 of the
U.S. Constitution to conduct an accurate count of the population every ten years; and
WHEREAS, Federal and State funding is allocated to communities, and part of
the basis for receiving these funds relies, in part, on census data; and
WEHEREAS, census data also helps determine how many seats each state will
have in the U.S. House of Representatives and is used in the redistricting of state
legislatures, county boards of supervisors and city councils and voting districts; and
WHEREAS, information from the 2020 Census is a vital tool for economic
development and increased employment; and
WHEREAS, the information collected by the census is confidential and protected
by law; and
WHEREAS, the decennial census is a huge undertaking that requires cross-
sector collaboration and partnership in order to achieve a complete and accurate count;
and
WHEREAS, the County of Roanoke, in partnership with other local governments,
the State, businesses, and community organizations, is committed to ensuring every
resident is counted.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA: that the County of Roanoke encourages all
County residents to participate in the 2020 Census, helping to ensure a complete, fair
and accurate count.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
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IN RE: REPORTS
Supervisor Mahoney moved to receive and file the following reports. The
motion was seconded by Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
February 29, 2020
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of February 29, 2020
5. Accounts Paid – February 29, 2020
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of February 29, 2020
The meeting was recessed at 3:41 p.m. to the fourth floor for work session
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the County
Administrator's Proposed Fiscal Year 2020-2021 Operating
Budget (Laurie Gearheart, Director of Finance and Management
Services)
Mr. O’Donnell, County Administrator, provided an overview. Laurie
Gearheart went through a PowerPoint presentation.
Supervisor Radford asked when the business license tax was due with
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Ms. Gearheart advising March 1 and trickles in through March and we have received
the bulk.
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Supervisor Mahoney stated he knows we are supposed to talk about
2021, but are there some guesses as to what current year impacts will be. Again, he is
assuming worst case and knows we will talk about this later, but if we are looking at the
last three (3) months, April, May and June of this year. He figures real estate is coming
in. A lot of times if people have a deed of trust or a mortgage, you have to pay in
advance and mortgage companies will send that in so it should not be problem. He
thinks that a lot of people are going out and buying stuff so maybe the sales tax hit will
not be that bad. He is also worried about the current year, the next three months. Ms.
Gearheart responded they are trying to analyze this as it comes in and it is kind of late,
but they shared with Mr. O’Donnell what our February projections were and this was
before all of this hit. We were looking really good; we were thinking we were going to
have about $2.1 million excess in revenues. We were not as strong on the
expenditures side, but we thought we would have about $500,000 left and that was
based on everybody continuing restraint on spending. At this point, we are thinking that
$2.1 million excess is probably going to be more like $500,000 and staff is thinking that
expenditures, will be about $500,000. Supervisor Mahoney stated with the two (2)
month lag in sales tax, the March hit that staff will not know about until the end of May
probably will not be that bad. You will only know at the end of June, which is almost too
late for us to react. Ms. Gearheart advised that one thing that has helped in the current
year, legislation was passed in July and we have been starting to receive sales tax on
internet sales that we have never received before. So, we got a little boost, however,
because of the way sales tax is remitted to us, we cannot identify how much of an uptick
we will see. We are hoping that is going to help a little bit in the current year.
Supervisor Peters stated he would also go a step further and think that
maybe a little stronger because people are staying home and they are buying more that
way. Ms. Gearheart stated the unemployment rate has staff nervous.
Supervisor Mahoney stated what he has heard makes him feel a little
more confident for current year. The hits won’t happen immediately for the County,
probably in July or August, but not now.
Supervisor North stated the March 13th Kiplinger Letter, before the virus
got worse in the United Stated, two weeks later, they indicated 0.2%, which is along the
lines of what you mentioned for flat growth for the whole of 2020. The second and third
quarters are where we are going to feel the pinch in the growth areas going forward.
One of the good things we had going, not only here, but the entire United States is that
we had a strong economy, moving along real good. So, if this is a short-lived event,
three months, we will still have some fallout bleeding until the second and third quarter,
but because we were strong going into it, he thinks the engines of the economy will rev
back up a little quicker. Nevertheless, anything that was yesterday’s news has to be
relooked at today or tomorrow.
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Supervisor North stated with regard to the literature that Mr. Caywood
handed out two (2) weeks that we have not had time to digest, indicates that while, and
we are seeing this in China and some other parts of the word, things are leveling off, but
if you don’t maintain the distancing, etc. there will be a second wave. It could be an 18
month transition.
Supervisor O’Donnell indicated that staff would probably need to revising
budgets every two (2) to three (3) months.
Supervisor Radford stated comparing the event we are going through now
compared to 2008, did you have to dip into reserves. Ms. Owens stated they did not in
2008, but we made some pretty deep cuts. Additionally, some of the reserves we have
today, we did not have in 2008.
Supervisor North asked if staff is keeping in touch with Raymond James
just a check with Ms. Owens responding we will be sure to do so.
Supervisor Peters stated it is important to remember, as he was on a
conference call yesterday, we have heard Dr. Fauci and many other talk about flattening
the curve so that we do not have the peak, we don’t overrun everything. It is going to
be a longer process so that we do not overwhelm the hospitals and our emergency
folks. A very interesting statement was made in that conference call, everybody is
going to get this; it is not something we are going to run from. We are trying to find
ways to manage it from a medical standpoint, hoping there will be a vaccine coming
online sooner than later. More importantly, we just want to make sure people can start
to get back to work once we have leveled this off. We know it is going to continue to
drag out for a period of time. He thinks the difference here versus 2008 is that 2008
was a financial crisis. He is now reaching out to his small businesses and asking what
can he do for them. We know this is going to be a painful two (2) to three (3) months,
what can we do. He thinks that is the difference. Also, we have the stimulus that is
going to put money in people’s pockets. He thinks it is going to be painful, but he does
not think it will be as drastic as some think it may be because there are too many things
out there; it is a health issue and not a financial crisis.
Supervisor North stated a lot of people are waiting on the stimulus
package for a number of reasons.
th
Supervisor Radford reiterated the State mandates June 30 as the date
the budget must be approved.
Mr. O’Donnell asked Mr. Lubeck, County Attorney, to speak about a
penalty. Mr. Lubeck stated there has been a lot of talk about whether there is a penalty
and the consensus that Walter Irwin the city attorney for Lynchburg stated that the
penalty is the “public shame” so there really is no penalty.
Supervisor Peters then stated based on what was just presented, the
School funding will be cut. Ms. Gearheart advised in the affirmative stating staff has
already let them know we are working towards that.
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Mr. O’Donnell advised the Schools budget is based on the estimate, but
because of the unknowns we could say if it comes in higher, we could do a true-up,
quarterly adjustments. He does not think this is a permanent situation and is thinking of
approaching the budget by looking at as many one-time delays that we can. Those cuts
are easier to absorb for a one-time hit.
Supervisor Peters stated the other part of it is if this is a short-term event,
he thinks the revenues will come back stronger than we can imagine. Can you imagine
the pent up energy that is homes, right now, today. When they release those people to
go out and eat, you won’t find a restaurant around here that will have less than a three
(3) hour wait. He is not the gloom and doom, but also, he knows it will be painful for
probably two months. After that, as long as we are able to shore up the corporations
and people know they have a job to go back to, he thinks we will pick back up. Yes, we
are going to have a lag in the meanwhile and a cut in revenues, but he is not the doom
and gloom saying this is going to be a long-term event. Ms. Gearheart stated that staff
has been looking at things and they just want to make sure and be conservative.
Supervisor North stated if you were looking at this today on the back of an
envelope, you could take probably half of March, April, May as being flat and June
showing a little uptick in the second half and come up with what you think a run rate will
give you for a number this year. Out of curiosity, as soon as you know that number, he
would be interested to see the impact of the current year and he would assume staff
would do that in concert with what you are looking at for next year. You have to know
what your base is. We used to look at run-rate models, and after the adoption of the
budget in January, we began to see the run-rate, what are volumes doing and then you
come up with your forecast. That begins to unveil whether you need to cut expenses or
put things on hold or freeze. The run-rate is so important. Your point of looking at this
on a quarterly basis, taking a snapshot for 12 months based on the latest quarter and
then adjusting it makes a lot of sense.
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Supervisor Mahoney stated let’s not turn the budget and the appropriation
ordinance into a suicide pact. He agrees with Supervisor Peters, he thinks we could
adopt the more stringent (Option B), at some point in time, worst case, but the schools
are going to need an appropriation to sign contracts. What Roanoke County has always
done is an annual appropriation. Under the statute, some jurisdictions can do a monthly
appropriation or a quarterly appropriation, so we could do at the end of June a quarterly
appropriation to the schools so that they can do what they have to do with their budgets,
and if this is a short-term event, maybe in August or September, we come back and do
another appropriation when are turning around and getting better. Or, not necessarily
another quarterly appropriation, but for the three (3) final quarters of that year. We have
to adopt something to get the game started to be able to let the schools issue their
contracts and if it requires a quarterly appropriation with the idea and a promise when
things get better you are going to get a better appropriation whether it is in September,
October or November to get us back to where we hoped we would have been. Again,
one of the other avenues of shame, per Mr. Lubeck, schools have to send the budgets
to their City Councils and Boards of Supervisors by April 1, 2020, so they have to do
something and he knows after listening to Governor Northam, the Superintendent of
Education was supposed to get together with all the Superintendents sometime today or
tomorrow. They don’t know what they are going to do because the General Assembly is
nd
coming back on the 22 of April. Anything that our staff can give us might go out the
window when we wake up the morning of April 23, 2020, and we find out what the
General Assembly did. So, he understands this is all moving, but at the very least we
adopt something and maybe we adopt the very stringent one, we do an appropriation so
the teachers can start with their contracts and we all know, hopefully, this is a three-
month blip and as the pent up demand comes back, things get better and we will be in
good shape.
Supervisor Hooker stated she likes the words, “true-up” so that when it
happens and hopefully it is positive, then we can make it right.
Mr. O’Donnell advised there is a lot of moving parts in the budget, outside
agencies, based on per capita that will need to be revisited as well.
Ms. Owens, Assistant County Administrator reiterated that a lot of things
will depend on what the Governor does. We will need to be patient and work through
that over the next couple of weeks.
Supervisor Hooker asked if the County had ever done a quarterly type of
budget with Ms. Owens advised in the negative and stated what we have done is six-
months into the budget, say Social Services, we would do a mid-year appropriation
because they spent more and it was not included in the upfront budget.
Mr. Caywood, Assistant County Administrator stated one thing regarding
the modeling is based on a decreasing level of confidence going forward. He thinks in
the next month or so, we will get modeling based on what is probably more reliable
data, which will tell us a lot more.
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It was the consensus of the Board to bring a revised budget calendar
before the Board at the next meeting for consideration.
The work session was held from 3:55 p.m. until 4:55 p.m.
Chairman Radford called the evening session to order at 7:00 p.m.
IN RE: PUBLIC HEARING
1. Public hearing for citizen comments on the Real Estate effective
tax rate for calendar year 2020 (Laurie Gearheart, Director of
Finance and Management Services)
Ms. Gearheart outlined the request for public hearing.
Chairman Radford recessed the meeting from 7:03 p.m. until 7:13 p.m. to
allow for citizen comments.
Chairman Radford opened and closed the public hearing with no citizen
comments.
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTIONS
1. Public hearing for citizen comments on the maximum 2020
calendar year tax rates for Real Estate, Personal Property and
Machinery and Tools Taxes (Laurie Gearheart, Director of Finance
and Management Services)
Ms. Gearheart outlined the request for public hearing.
Chairman Radford recessed the meeting from 7:14 p.m. until 7:24 p.m. to
allow for citizen comments.
Chairman Radford opened and closed the public hearing with no citizen
comments.
2. Resolutions to set the following maximum tax rates for calendar
year 2020 to support this fiscal year 2020-2021 operating budget:
(a) Resolution to set the Real Estate maximum tax rate for
calendar year 2020;
RESOLUTION 032420-4 TO SET THE REAL ESTATE MAXIMUM
TAX RATE FOR CALENDAR YEAR 2020
WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set
maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021
operating budget; and
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WHEREAS, a public hearing for citizen comments on setting maximum tax rates
was held on March 24, 2020 at a regular meeting of the Board of Supervisors of
Roanoke County, Virginia; and
WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020
calendar year tax rates on April 14, 2020 following a public hearing for citizen
comments.
NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke
County, Virginia, set the following Real Estate maximum tax rate for calendar year
2020:
(A) The Real Estate Tax for calendar year 2020 is set at a rate of not more
than $1.09 per $100 of assessed valuation.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
b) Resolution to set the Personal Property maximum tax rate for
(
calendar year 2020;
RESOLUTION 032420-5 TO SET THE PERSONAL PROPERTY
MAXIMUM TAX RATE FOR CALENDAR YEAR 2020
WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set
maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021
operating budget; and
WHEREAS, a public hearing for citizen comments on setting maximum tax rates
was held on March 24, 2020 at a regular meeting of the Board of Supervisors of
Roanoke County, Virginia; and
WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020
calendar year tax rates on April 14, 2020 following a public hearing for citizen
comments.
NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke
County, Virginia, set the following Personal Property maximum tax rate for calendar
year 2020:
(A) The Personal Property Tax for calendar year 2020 is set at a rate of not
more than $3.50 per $100 of assessed valuation.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
March 24, 2020
141
c) Resolution to set the Machinery and Tools maximum tax rate
(
for calendar year 2020 (Laurie Gearheart, Director of Finance
and Management Services)
RESOLUTION 032420-6 TO SET THE MACHINERY AND TOOLS
MAXIMUM TAX RATE FOR CALENDAR YEAR 2020
WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set
maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021
operating budget; and
WHEREAS, a public hearing for citizen comments on setting maximum tax rates
was held on March 24, 2020 at a regular meeting of the Board of Supervisors of
Roanoke County, Virginia; and
WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020
calendar year tax rates on April 14, 2020 following a public hearing for citizen
comments;
NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke
County, Virginia, set the following Machinery and Tools maximum tax rate for calendar
year 2020:
(A) The Machinery and Tools Tax for calendar year 2020 is set at a rate of not
more than $2.85 per $100 of assessed valuation.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
IN RE: SECOND READINGS OF ORDINANCES
1. The petition of Roanoke Valley Resource Authority to obtain a
special use permit for a sanitary landfill on approximately 8.05
acres zoned AG-3, Agricultural/Rural Preserve, District and to
amend the special use permit for an existing sanitary landfill
(Smith Gap Landfill) on approximately 886.80 acres zoned AG-3S,
Agricultural/Rural Preserve, District with a special use permit,
located on the northwest side of Fort Lewis Mountain between
Smith Gap and Bradshaw Road, Catawba Magisterial District
(Philip Thompson, Director of Planning)
Mr. Thompson outlined the request for special use permit.
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142
Supervisor Hooker commented her gratitude to staff for holding a very
good meeting early this month. We had a good turn out, there was good discussion and
some commentary there that we continue to address. She wanted to thank staff
publicly for everything they did. She is looking forward to additional information coming
in the future that we will share in a like manner. Thank you for your good work.
Mr. Thompson reiterated this action just allows the use of the right-of-way
and the existing landfill to co-exist. It has nothing to do with the mode of transportation,
which will be decided by the RVRA Board at some future date. The County and the
RVRA Board are doing certain studies and once that information becomes available,
another community meeting will be held to share that information with the citizens.
Supervisor Radford advised that he was able to attend that meeting and
he really appreciates Mr. Thompson’s staff and Supervisor Hooker also did a very good
job engaging the citizens. He thought it was a really well attended meeting and there
were some tough questions that we discussed and thinks we had a good meeting after
the meeting too with smaller groups. He appreciates the effort that was put into that.
Supervisor Mahoney stated in his prior life, 30 years ago, he worked with
Mr. John Hubbard to help draft and develop a lot of the provisions that we are talking
about here tonight. He recalled the concerns of the citizens on Bradshaw Road and the
citizens in Catawba. It was the intent of the County to try to meet those concerns and to
limit, or restrict, the use of trucks on Bradshaw Road. This action, while he understands
the concerns and fears of many of the citizens out there, as Mr. Thompson indicated,
this is really just talking about a transportation corridor. It is not making a final decision
as to what that transportation may involve. He stated he thinks by having this
transportation corridor, it will truly alleviate the fears and concerns of many of the people
on Bradshaw Road, because whether it is trucks or rail, the trash is going to be moved
on that transportation corridor and not on Bradshaw. This is a very good step. The
County has gone through a very long process. We have heard the citizens; we have
listened to them. He thinks this is an excellent solution and thinks it is a positive
solution and it still goes forward to protecting the citizens on Bradshaw Road and thinks
it fulfills the larger goals of what the County was attempting to accomplish to achieve a
most cost effective, reliable and environmentally responsible course of action. He
believes this action fulfills those objectives. He thanked the citizens, staff and the
Authority. He thinks this is a very good approach and thinks it is a positive approach.
ORDINANCE 032420-7 GRANTING A SPECIAL USE PERMIT TO
ROANOKE VALLEY RESOURCE AUTHORITY FOR A
SANITARY LANDFILL ON APPROXIMATELY 8.05 ACRES
ZONED AG-3 (AGRICULTURAL/ RURAL PRESERVE DISTRICT)
LOCATED AT 8765 WILLIBY ROAD (TAX MAP NO. 052.00-01-
02.08-0000), CATAWBA MAGISTERIAL DISTRICT
AND
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143
AMENDING THE SPECIAL USE PERMIT CONDITIONS FOR AN
EXISTING SANITARY LANDFILL (SMITH GAP LANDFILL) ON
APPROXIMATELY 878.75 ACRES ZONED AG-3S
(AGRICULTURAL/RURAL PRESERVE DISTRICT WITH A
SPECIAL USE PERMIT), AND INCORPORATING THE NEW 8.05
ACRES FOR A TOTAL ACREAGE OF 886.80 ACRES, LOCATED
ON THE NORTHWEST SIDE OF FORT LEWIS MOUNTAIN
BETWEEN SMITH GAP AND BRADSHAW ROAD, CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, the Roanoke Valley Resource Authority (“RVRA”) operates a
sanitary landfill at Smith Gap Landfill, under a special exception permit/special use
permit (“SUP”) granted by the Roanoke County Board of Supervisors in 1989, amended
in 1991, and amended in 1993; the SUP presently allows operation of the Smith Gap
Landfill on the following parcels:
TAX MAP NO. PROPERTY ADDRESS ACREAGE SUBJECT TO
THE SUP
041.00-01-14.00-0000 0 Bradshaw Rd. 34.85
042.00-01-08.00-0000 0 Bradshaw Rd. 225.15
052.00-01-02.00-0000 8484 Bradshaw Rd. 91.89
053.00-01-08.00-0000 0 Dow Hollow Rd. 526.86
878.75 ACRES TOTAL
WHEREAS, Norfolk Southern Railroad Corporation (“NSC”) conveyed 8.05 acres
of land, located at 8765 Williby Road (Tax Map No. 052.00-01-02.08-0000) to the RVRA
on February 13, 2019; and
WHEREAS, RVRA has petitioned for an SUP for a sanitary landfill for these 8.05
acres; and
WHEREAS, the RVRA has also petitioned to amend the existing SUP by deleting
the reference to and incorporation of the “amended landfill permit conditions and
operating policies” referenced in the 1991 Special Use Permit Resolution; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 4, 2019 and subsequently recommended approval of the
petition; and
WHEREAS, the first reading of this ordinance was held on October 22, 2019, and
the second reading and public hearing were held November 19, 2019. Following the
public hearing, the Board continued the matter until March 24, 2020 for further
consideration; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
March 24, 2020
144
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the reference to the “amended landfill permit conditions and
operating policies” referenced in the 1991 Special Use Permit Resolution is now
HEREBYREMOVED;
the “amended landfill permit conditions and operating policies”
.
are no longer incorporated into the Smith Gap Landfill SUP by reference
2. The Board finds that the RVRA operational priorities associated with the
Smith Gap Landfill are as follows: protection of the environment of the Roanoke Valley
Service Area; protection or extension of the useful life of the landfill; protection of the
interests of the residents of the landfill host community; protection of the interests of the
residents along the Transportation Corridor; minimization of landfill operating costs; and
minimization of landfill tipping fees.
3. The special use permit for a sanitary landfill on the 8.05 acre parcel
located at 8765 Williby Road (Tax Map No. 052.00-01-02.08-0000) is granted, and the
following conditions shall apply to the special use permit for 8.05 acre parcel and the
878.75 acres for the existing sanitary landfill (886.80 total acres):
a. Access
: Primary access to the Smith Gap Landfill for the delivery of
municipal solid waste shall be along the Transportation Corridor (previously
known as the Rail Corridor). In the event the primary access is unavailable for
two or more business days, the Roanoke Valley Resource Authority (or
subsequent owners) will make reasonable efforts to transport all municipal solid
waste to one or more fully permitted third-party sanitary landfills until such time
as the primary access can be resumed. In the event that the Roanoke Valley
Resource Authority (or subsequent owners) cannot through reasonable efforts
contract for sufficient immediate transportation services to transport municipal
solid waste to third party landfills, and until sufficient services can be obtained,
Bradshaw Road will serve as the secondary access for the delivery of municipal
solid waste to the landfill.
b. Conversion
: If the Transportation Corridor is converted from rail to a road,
then all municipal solid waste will be transported to third party landfills during
construction of this conversion.
c. Types of Waste
: Only properly approved waste may be accepted, with
the main objective always being to safely dispose of materials and prolong the
useful life of the landfill. Wastes designated as “special wastes” shall be
disposed of in accordance with current waste management regulations. No
hazardous waste will be allowed at any time during the entire life of the landfill.
d. Operating Hours
: Normal working hours shall be as follows: Delivery of
Waste by Authorized Vehicle – Monday through Friday from 7:00 a.m. to 5:00
p.m., Saturday from 7:00 a.m. to 3:30 p.m.; Delivery of Waste by Rail – Monday
through Saturday from 10:00 a.m. – 12:00 a.m.; Operation of all equipment –
Monday through Friday from 7:00 a.m. to 8:00 p.m., Saturday from 7:00 a.m. to
6:30 p.m.
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145
e. Emergency Operations
: Emergency operations shall allow for extended
hours on all days and Sundays whenever an emergency has been duly declared
by the County Administrator of Roanoke County or his/her designee.
Circumstances for Emergency Operations include, but are not limited to, natural
disasters or short-term (less than 2 days), temporary operating interruptions
resulting from equipment failure or contract service interruptions. Emergency
operations may require use of third-party landfills or use of secondary access to
the Smith Gap Landfill (Bradshaw Road).
f. Noise
: Noise levels may not exceed the following limits: 80 db (decibels)
at landfill site borders; 65 db (decibels) at surrounding residences.
g. Dust:
Dust shall be controlled in accordance with the landfill’s state solid
waste facility permit. Problem areas arising during dry seasons will be controlled
with water. Access roads should be cleaned and dust controlled with water if
excessive amounts of dust are generated.
h. Odors
: Odors shall be controlled in accordance with the landfill’s state
solid waste facility permit. If problem odors exist that adversely impact
surrounding residents, deodorizing agents may be used. All holding tanks for
leachate collection systems shall be in enclosed structures.
i. Lighting
: Sufficient lighting must be maintained at all times to facilitate
normal operations and to provide adequate security over the landfill site. All
exterior lighting fixtures shall be designed, located and arranged so as not to
direct glare on adjoining streets or residential properties. The intensity at
adjoining streets or residential properties shall not exceed 0.5 foot candles.
Lighting shall be limited to fixtures attached to buildings as necessary for security
and operations and freestanding poles of not more than 16 feet in height.
j. Pests
. A bonded, licensed pest control company will be retained
throughout the active life of the landfill to provide preventive inspections and
treatments. Adjoining property owners who incur pest problems that are proven
to be directly related to the landfill operation must be provided proper
extermination at the landfill owner’s expense.
k. Citizen Complaints
: A telephone number will be provided for use of
surrounding residents including those in the Transportation Corridor to call in
complaints (noise, dust, odor, pests, or other issues). These calls will be
recorded/logged and corrective actions documented. The complaint log shall be
open to public inspection.
l. Active Fill Areas
: The active fill areas of the landfill shall comply with the
landfill’s state solid waste facility permit. Fill areas should be designed as far as
practical from adjoining properties to provide maximum buffering, and in no case
should extend within 100 feet of the landfill boundary line.
m. Monitoring
: The Virginia Department of Environmental Quality conducts
inspections during the year to ensure compliance with the landfill’s state solid
waste facility permit. Any violations shall be reported and made public
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146
information. The Roanoke Valley Resource Authority (or subsequent owner)
shall take whatever steps are necessary to immediately correct any violation.
n. Screening and Buffering
:
i. The following buffer yard and plantings shall be established around
the perimeter of the landfill property, except adjacent to an existing
residential property or private right-of-way. Trees shall be planted
in three separate rows or in clusters, where natural land
characteristics allow within the buffer yard. 50-foot buffer yard with
three large deciduous trees with an ultimate height of 50 feet or
greater per 100 linear feet of buffer yard, five large evergreen trees
with an ultimate height of 50 feet or greater per 100 linear feet of
buffer yard, and seven small evergreen trees with an ultimate
height of 15 feet or greater per 100 linear feet of buffer yard.
ii. In areas adjacent to an existing residential property or public or
private right-of-way, the following shall be established and
maintained around the perimeter of the landfill property. Trees
shall be planted in three separate rows or in clusters, where natural
land characteristics allow with the buffer yard. 100-foot buffer yard
with six large deciduous trees with an ultimate height of 50 feet or
greater per 100 linear feet of buffer yard, ten large evergreen trees
with an ultimate height of 50 feet or greater per 100 linear feet of
buffer yard, and fifteen small evergreen trees with an ultimate
height of 15 feet or greater per 100 linear feet of buffer yard.
iii. Buffer yards may only be used for passive recreation, such as
pedestrian, bike or equestrian trails, provided that the total width of
the buffer is maintained and all other requirements and conditions
are met.
iv. Buildings, active landfill areas, equipment storage areas and other
facilities shall be landscaped in such a manner as to enhance (but
not necessarily screen) the visual appearance from adjoining
properties.
o. Site Security
: All facilities shall be surrounded on all sides by natural
barriers, fencing, or an equivalent means of controlling vehicles access and
preventing illegal disposal. All access will be limited by gates, and such gates
shall be securable and equipped with locks. All fencing utilized at the facility shall
be adequate to control unauthorized access. Gates shall be at the main entrance
as well as the entrance to additional service areas. Access to a solid waste
disposal facility (landfill) shall be permitted only when an attendant is on duty and
only during operating hours, unless otherwise specified in the facility permit, such
as for rail delivery of waste. Each solid waste disposal facility should be provided
with an adequately lighted and heated shelter where operating personnel can
March 24, 2020
147
exercise site control and have access to essential sanitation facilities. Lighting,
heat and sanitation facilities may be provided by portable equipment, as
necessary. Dusk to dawn lights may be placed around buildings and at each of
the security gates. All sanitary landfills will be equipped with permanent or mobile
telephone or radio communications. The main security gate should be able to
communicate with all necessary areas of the landfill. The operator is responsible
for safety hazards to operating personnel through an active safety program.
Security rules and regulations shall be posted at each gate. Security guard of
landfill personnel shall be on site 24 hours each day. All vehicle access points to
the Transportation Corridor shall be properly gated, with lock, and shall be
posted with “No Trespassing” signs. Signs will also be posted at intervals along
the Transportation Corridor.
p. Fire Protection and Public Water
: Fire protection for the site shall be
provided on site with adequate storage, distribution, and hydrants to properly
extinguish fires. The system shall be designed as a potable water system. The
system shall be designed to serve all on-site water needs as well as being
capable of serving adjoining properties. Expansion of the water supply system,
except when groundwater contamination has been documented, shall be
prohibited without prior review for consistency with the Comprehensive Plan.
qRVRA Policies:
. RVRA shall develop and maintain policies associated
with the operation of the Smith Gap Landfill. Policies shall include, but not be
limited to, the following: groundwater protection, property value protection,
appeals, landfill ownership, landfill users, access, hazardous waste collection,
and host community fund.
4. The Board finds that the granting of and amendments to the SUPs, as set forth
in this ordinance, are substantially in accord with the adopted 2005 Community Plan, as
amended, pursuant to the provisions of Section 15.2-2232 of the Code of Virginia, as
amended, that they shall have a minimum adverse impact on the surrounding
neighborhood or community, and the Board further finds that it has given due
consideration to the factors set forth in Section 30-19-1 of the Roanoke County Code.
5. That this ordinance shall be in full force and effect thirty (30) days after its final
passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
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148
Supervisor Hooker thanked everyone in the community who is engaged in
helping others at this time in this critical time of the pandemic. School bus drivers,
school cafeteria workers, health-care works and providers, Roanoke County staff being
here tonight and continue to meet citizen needs in spite of the current situation. Thank
you for helping to continue these needed services. It is outstanding to be able to work
with you. Also, she wanted to say to all citizens at large, check on your neighbor, check
on those around you and make sure they are okay. Be positive and kind and pray for
this pandemic to run a short course. We will get through this together.
Supervisor North commented first thanks to Jill Loope and Tom Rowley
and economic development who have been sharing his notes from last week with local
businesses and helping them with the challenges they face with this enemy known as
coronavirus. County Staff led by Dan O’Donnell and administration, and emergency
efforts coordinated by Fire Chief Steve Simon has done a good job talking with our
other regional governments and taking the lead in those conversations and for
implementing the emergency plans for our County and employees. Thanks also to Amy
Whitaker and our public information team for its communication in a short while to the
press, additions to our internet page and arranging the conference call today with Dr.
Molly O’Dell, Virginia Dept. of Health District Director for our area. Dr. Ken Nicely,
Superintendent of Roanoke County Schools is to be commended for all their efforts in
providing lunches and lesson plans for students and the plans that lay ahead of us. Also
to our Governor for his daily briefings and encouragement. He understands there will
be one tomorrow and then they will be on Mondays, Wednesdays and Fridays after that
We do not know what tomorrow or the next few weeks or months will bring or will hold
for us, but we do know this, the resiliency of the American spirit will prevail and shine
thru the days ahead. May God bless all and Roanoke County.
Supervisor Peters asked simply for us to pray, we are facing something
that none of us have faced in our lifetime. He thinks we need to pray for the families
that are affected by this, the people who have lost loved ones. Let’s pray for our
doctors, nurses, and the virus taskforce in Washington who are currently working
around the clock to find a way to offset this pandemic. He prays for our Congress so
they can get their act together; so they can be there for the American people. Also,
pray for the first responders who are going into those homes; they don’t know what they
are walking into. Our police officers and everybody that is involved on the main streets
of Roanoke County; they are walking into the unknown. They are the first line of
defense when it comes to this and so many of those will be subjected to this, be
quarantined and hopefully will not test positive for it. Just pray.
Supervisor Radford reminded everybody that is homebound, you should
have received your census 2020 in the mail. Just a reminder, if you have internet, do
onto the website, enter your code and information. He did it last week and it only takes
five (5) minutes. He did read on the bottom of the notice, that if you do not have
internet, they will mail you a paper copy; you will be receiving that in the mail.
Secondly, just a reminder, we have heard this a lot in the last week and a half, the CDC
March 24, 2020 149
guidelines that you wash your hands often and avoid touching your eyes, nose and
mouth. Wash with soap and water for at least 20 seconds and use your hand sanitizer
if soap and water are unavailable. Clean and disinfect touch objects, surfaces such as
door handles, keyboards and countertops often. He reminds everybody of this because
he is married to a nurse and she will feel very proud that he is talking about this, but it is
a serious matter that we need to address. He has elderly parents and wish them
continued good health and everybody that can get a chance walk around, this is the
time to do it.
IN RE: ADJOURNMENT
Chairman Radford adjourned the meeting at 7:44 p.m.
Submitted by: Approved by:
Deborah C. Jacks David F. Radford 11-7
Chief Deputy Clerk to the Board Chairman
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