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HomeMy WebLinkAbout5/26/2015 - RegularMay 26, 2015 249 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 May 2015. 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 Peters called the meeting to order at 3-03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman P. Jason Peters, Supervisors Al Bedrosian, Joseph P. McNamara and Charlotte A. Moore MEMBERS ABSENT: Supervisor Joseph B. "Butch" Church STAFF PRESENT: Thomas C. Gates, County Administrator; Richard Caywood, Assistant County Administrator- Paul M. Mahoney, County Attorney; Amy Whittaker, Pu�lic Information Officer and Deborah C. Jacks, Deputy Clerk to the Board IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the week of May 24-30, 2015, as Business Appreciation Week in the County of Roanoke (Jill Loope, Director of Economic Development) Ms. Loope outlined Business Appreciation week and the Deputy Clerk to the Board read the Proclamation. In attendance with Ms. Loope were Dale Turner, Founder and President of Magnets USA, Donnie Martin, Chief Operating Officer of Magnets USA, Scott Easter, Chief Operating Officer and Dan Early, Chief Technology of Apptech Solutions. All supervisors offered their thanks and congratulations. 250 May 26, 2015 IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION (CONTINUED FROM MAY 12,2015) 1. Resolution approving the reorganization and expansion of the Western Virginia Water Authority by providing that Botetourt County join the Authority, and approving and authorizing the execution of a Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority to accomplish such joiner (Paul M. Mahoney, County Attorney) Mr. Mahoney gave an explanation of the resolution. The public hearing remained open from May 12, 2015 with no citizens to speak this afternoon. There was no discussion. RESOLUTION 052615-1 APPROVING THE REORGANIZATION AND EXPANSION OF THE WESTERN VIRGINIA WATER AUTHORITY ("AUTHORITY") BY PROVIDING THAT BOTETOURT COUNTY, VIRGINIA, JOIN THE AUTHORITY; APPROVING AND AUTHORIZING THE EXECUTION OF A SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY TO ACCOMPLISH SUCH JOINDER; AND AUTHORIZING THE APPROPRIATE PUBLIC OFFICIALS TO TAKE ANY ACTIONS AND EXECUTE ANY DOCUMENTS NECESSARY TO ACCOMPLISH SUCH MATTERS, ALL IN ACCORDANCE WITH VIRGINIA CODE SECTION 15.2-5112 WHEREAS, the Council of the City of Roanoke, Virginia, ("City of Roanoke"), the Board of Supervisors of Franklin County, Virginia, ("Franklin County"), and the Board of Supervisors of Botetourt County, Virginia, ("Botetourt County") have or will determine that it is in the best interest of their citizens that Botetourt County, Virginia, join and become a member of the Western Virginia Water Authority pursuant to the provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended (the "Act"); and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, ("Board of Supervisors") desires to approve of Botetourt County, Virginia, becoming a member of the Authority by the adoption of this resolution concurrently (or in concert) with resolutions adopted or to be adopted by the City of Roanoke, Franklin County, and Botetourt County; and WHEREAS, after proper advertisement, a public hearing has been held by this Board in accordance with the requirements of Section 15.2-5104 of the Act. May 26, 2015 251 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . The Board of Supervisors of Roanoke County, Virginia, hereby determines that it is in the best interest of the citizens of Roanoke County, Virginia, that Botetourt County, Virginia, join and become a member of the Western Virginia Water Authority and approves the terms of the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority as contained in Section 6 of this resolution. 2. The Board of Supervisors hereby authorizes the Chairman and the Clerk to the Board to execute and attest or witness, respectively, such Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority in a form substantially similar to those set forth in Section 6 below, with such minor revisions and adjustments as the Chairman shall approve. 3. The Board of Supervisors hereby agrees that the Authority shall be reorganized and expanded in accordance with the terms of the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority mentioned above upon the issuance of a Certificate of Joinder and/or Restatement issued by the Virginia State Corporation Commission. 4. The Board of Supervisors does hereby FIND as a matter of fact that inclusion in the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority of preliminary estimates of capital costs, proposals for any specific projects to be undertaken by the Authority, and preliminary estimates of initial rates for services of such projects as certified by responsible engineers is impractical. 5. As provided for in the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority, the Board of Supervisors hereby appoints the following three (3) persons to be the Roanoke County representatives and that such persons' initial terms will start on the date of issuance by the Virginia State Corporation Commission of a Certificate of Joinder and/or Restatement and expire on the dates indicated next to their names. Roanoke County Appointees NAME ADDRESS EXPIRATION OF INITIAL TERM Donald L. Davis 1031 Halliahurst Avenue June 30, 2018 Vinton, VA 24179 Thomas C. Gates 5204 Bernard Drive June 30, 2019 Roanoke, Virginia 24018 H. Odell Minnix 3314 Kenwick Trail June 30, 2016 Roanoke,VA 24018 252 May 26, 2015 Upon expiration of the initial term of office, and any future term of office, the Board of Supervisors shall appoint a person (who can be the same person whose term expired) to be a member of the Board of the Authority for four (4) years from the date of the initial expiring term and any future expiring term of office. The total number of members that Roanoke County, Virginia, will have on the Board of the Authority will be three (3) members. 6. The Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority are set forth below. They shall be deemed amended, restated, and effective upon the date of issuance of a Certificate of Joinder and/or Restatement by the Virginia State Corporation Commission as provided for in Virginia Code Section 15.2-5112. SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY The Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Board of Supervisors of Franklin County, Virginia, and the Board of Supervisors of Botetourt County, Virginia, as well as the Board of Directors of the Western Virginia Water Authority, have by concurrent resolutions adopted the following Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Tile 15.2 of the 1950 Code of Virginia as amended) (the "Act"). ARTICLE I The name of the Authority shall be the Western Virginia Water Authority (the "Authority") and the address of its principal office is 601 South Jefferson Street, Roanoke, Virginia 24011. ARTICLE 11 The names of the political subdivisions participating in the Authority are Roanoke County, Virginia, the City of Roanoke, Virginia, Franklin County, Virginia, and Botetourt County, Virginia, (collectively the "Localities"), each of which hereby acknowledges, covenants, and agrees that these Second Amended and Restated Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the Localities. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the members from the City of Roanoke and Roanoke County. (1) The inclusion of additional political subdivisions in the Authority; and (2) Additional agreement with other political subdivisions, entities, or persons, for the bulk sale of surplus water or for the acceptance and treatment of waste water. ARTICLE III The Board of the Authority shall consist of eight (8) members. The names, addresses, and terms of office of the initial members of the reconstituted Board of the May 26, 2015 253 Western Virginia Water Authority are as follows - The initial term of each member shall start on the date of issuance by the Virginia State Corporation Commission of a certificate of joinder or restatement and expire on the date indicated below. Name Address Expiration of Term of Office John P. Bradshaw, Jr ITO MR. rRIMIT.W, 3132 Burnleigh Road, SW Roanoke, Virginia 24014 (Roanoke City Appointee) 1031 Halliahurst Avenue Vinton, Virginia 24179 (Roanoke County Appointee) Marc Fink Finks Jewelers 3545 Electric Rd Roanoke Virginia 24018 (Roanoke City Appointee) R. Gray Goldsmith Shirley B. Holland Harvey Brookins Valley Bank 36 Church Avenue Roanoke, Virginia 24001 (Roanoke County Appointee) 161 Lila Lane Boones Mill, Virginia 24065 (Franklin County Appointee) Freedom First 5240 Valley Park Drive Roanoke, Virginia 24019 (Roanoke City Appointee) June 30, 2017 June 30, 2018 June 30, 2015* June 30, 2015* June 30, 2018 June 30, 2016 H. Odell Minnix 3314 Kenwick Trail June 30, 2016 Roanoke, Virginia 24018 (Roanoke County Appointee) 254 May 26, 2015 TBA* June 30, 2017 *The appointments for the member positions of Mr. Goldsmith by Roanoke County and of Mr. Fink by the City of Roanoke and the appointment of Botetourt County's member have not been determined as of the date of advertisement of the public hearing on this resolution and these Articles will be conformed to the appointments made prior to the filing of these Articles with the State Corporation Commission in June, 2015. All terms will end on June 30 in the last year of the appointed terms. This note will be removed from these Articles when they are filed with the State Corporation Commission. Upon expiration of the foregoing terms of office, the governing body of the participating political subdivision that appointed the person whose term expired shall appoint, for the times set forth below, a person to be such participating political subdivision's appointee, which can be the same person whose term expired, and the total number of members for each participating political subdivision will be the number of members set forth opposite its name below - Roanoke County — Three, for terms of four years each City of Roanoke — Three, for terms of four years each Franklin County — One, for a term of four years Botetourt County — One, for a term four years The governing body of each of the Localities shall be empowered to remove at any time, without cause, any member appointed by it and to appoint a successor member to fill the unexpired portion of the removed member's term, and shall be empowered to appoint a successor member to fill the unexpired term of a member such Locality appointed who may resign or no longer be able to serve. Each Board member shall be reimbursed by the Authority for the amount of actual expenses incurred in the performance of Authority duties. Upon expiration of the term of a member, such member will continue to serve until the governing body of the Locality appointing such member appoints a successor member, removes such member, or reappoints such member. ARTICLE IV The purposes for which the Authority is being reorganized are to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain water, waste water, sewage disposal, and stormwater control systems and related facilities pursuant to the Act. The Authority shall have all of the rights, powers, and duties of an authority under the Act. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for services of the proposed projects. May 26, 2015 255 ARTICLE V The Authority shall serve Roanoke County, the City of Roanoke, Franklin County, and Botetourt County, Virginia, and, to the extent permitted by the Act and the terms of these Articles, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to appropriate contracts, either within or without Roanoke County, Virginia, the City of Roanoke, Virginia, Franklin County, Virginia, or Botetourt County, Virginia. ARTICLE VI The Authority shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Board of Supervisors of Franklin County, Virginia, and the Board of Supervisors of Botetourt County, Virginia and the Board of Directors of the Western Virginia Water Authority have caused these Second Amended and Restated Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed hereto and attested by the respective secretaries and/or clerks of each. [SIGNATURE PAGE TO FOLLOW] SIGNATURE PAGE TO SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY WESTERN VIRGINIA WATER AUTHORITY CITY OF ROANOKE, VIRGINIA Shirley B. Holland, Chair Attest- (SEAL) Gayle Shrewsbury, Secretary in David A. Bowers, Mayor Attest- (SEAL) Stephanie M. Moon Reynolds, City Clerk 256 ROANOKE COUNTY, VIRGINIA P. Jason Peters, Chairman, Board of Supervisors Attest - Deborah C. Jacks, Deputy Clerk to the Board May 26, 2015 FRANKLIN COUNTY, VIRGINIA L0 Cline Brubaker, Chairman, Board of Supervisors (SEAL) Attest- (SEAL) Sharon K. Tudor, Clerk to the Board BOTETOURT COUNTY, VIRGINIA A: Dr. Donald M. Scothorn Chairman, Board of Supervisors Attest - Clerk to the Board (SEAL) [End of Form of Articles] 7. The Board of Supervisors further authorizes the Chairman and/or the County Administrator to take any action and execute any documents, including the Application for Joinder, necessary to accomplish the matters set forth in this resolution and to cause the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority to become effective so that Botetourt County, Virginia, becomes a member of the Authority. 8. This resolution shall take effect immediately upon its adoption. On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters ABSENT- Supervisor Church NAYS- None May 26, 2015 257 IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of Carl and Carol Slate to obtain a special use permit for a private stable in a R-1, Low Density Residential, District, on approximately 2.012 acres, located at 7904 Carvin Street, Hollins Magisterial District Supervisor Bedrosian's motion to approve the first reading and to establish the second reading and public hearing for June 23, 2015, was approved by the following vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters NAYS- None ABSENT- Supervisor Church IN RE: FIRST READING OF ORDINANCES 1. Ordinance of the Board of Supervisors of the County of Roanoke, Virginia providing for the Economic Development Authority of the County of Roanoke, Virginia to issue Lease Revenue Refunding Bonds to refund outstanding Lease Revenue Bonds (Public Facility Projects), Series 2008 (Rebecca Owens, Director of Finance) Ms. Owens outlined the ordinance. Supervisor McNamara commented he thinks it is interesting that literary loans used to be the lowest interest rate and we are now refinancing them. Supervisor Bedrosian asked for a clarification of refunding; it is like refinancing. Ms. Owens stated it is an opportunity for Roanoke County at certain points in time once we have bonds that are callable, we have an opportunity to take a look at our outstanding debt portfolio and look at restructuring or refinancing or refunding. Each debt that we have is different, some more complicated than others. Supervisor Bedrosian stated he has always had the position while on the Board to having us borrowing money; but we are taking money we have already borrowed in years past and because interest rates are better, we are able to refinance it. The two options he likes are reducing the term, which is $1.8 million and he stated he likes that option. The other option is take the savings and applying towards the capital lease, which is the debt at this moment that we are able to pay down and next would be literary loans. By doing this, we would be reducing the debt. He added that he just wanted to make sure we are committed and not take the savings and do something else with it. 258 May 26, 2015 Supervisor McNamara's motion to approve the first reading and to establish the second reading and public hearing for June 9, 2015, was approved by the following vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters NAYS- None ABSENT- Supervisor Church IN RE: ADOPTION OF PROPOSED BUDGET AND SECOND READING OF ORDINANCE 1. Resolution adopting the fiscal year 2015-2016 budget, including the fiscal years 2016-2025 Capital Improvement Plan, for Roanoke County, Virginia (W. Brent Robertson, Director of Management and Budget) Mr. Robertson outlined the resolution. Supervisor Bedrosian commented about budgets in general. He was reading something that was done back in September of 2013 and it just stated, it was a summary of budgets in general and the economy, and you stated in most cases consumer demand for goods and services decreased however the opposite is true in the public sector as demand for many governmental services increases during times of economic stress. We have had this conversation when a business is having a tough time it does cut. When the public sector is having economic difficulties, it grows because more people demand services. On the one side that during a down time, we increase budgets and in the good times we are going to get more money because assessments are going to go up, people are going to be buying more and more money comes into the County and we spend more money. So for people like himself who think we need to have our fiscal house in order, it puts him in a very different position. He cannot support the budget that we have this year; he did not support it last year because we keep increasing the budgets every year. He stated that we will always increase the budget. Would you say it is a fair statement that budgets will always increase, whether you are in good economic times or bad economic times? Mr. Robertson stated he has a private sector background and if a company is not growing it is dying. He thinks the County has a lot of business aspects to what we do, so there is the need to cover those increases in cost, but it is a conundrum for fiscal conservatism versus social programs and things of that nature. It is a tough nut to crack sometimes. Responding to the comment that a company going through bad economic times is dying- not necessarily. Companies since 2008 have gone through tough economic times: not that they are dying, but there are new policies out that make it harder for them to operate; all kinds of things. Those companies then will get lean and reinvent May 26, 2015 259 themselves and do things a little bit different. He would say that it the big difference between government, which has an endless supply of taxes through taxes and a business. The issues that he had with the budget are several. First, when you increase the budget it is very hard to go back and the last few years that he has sat on this Board, we have increased the budget net $8 million. We cannot go back; after you have set the benchmark you either hire more people or do something else and he stated he feels it is virtually impossible to go back. There are very few times we have had a real decrease in the budget. We seem to be taking bigger jumps as we go along. We are providing salary increases in this budget; it is hard to speak against salary increases. He does want to put something on record. When he joined the Board he had always heard that no one had gotten salary increases in Roanoke County. He stated it is great to have salary increases; loves it, but sometimes in hard times he thinks we have to make these decisions. In 2009 to 2010, there was a $500 bonus for every Roanoke County employee. In 2010 to 2011, there was a four percent (4%) increase for everybody with a maximum of $2,500. In 2011-2012, there was no increase. In 2012-2013 there was a three percent (3%) salary increase for everybody. In 2013-2014 there was not. In 2014 to 2015, there was a two percent (2%) salary increase and in 2015-2016, which is this year, there is a two and one half percent (2.5%) increase. He just wants to make the point that in the eight years he is discussing, there have been five salary increases. While he also learned that not everything is called a salary increase, it is called a cost of living increase or something, but from the private sector he hears that if you get more money that you did last year in your paycheck, you have a salary increase. The other issue he has for the record is that with declining school enrollment, since 2008 we have lost almost 1,000 students, we continue to give our schools more money each year. Who can fight against education- he does not fight against education. He loves education and has five children. �he question to him is are we being as frugal with our money and using it the right way when we have to increase money to the school with a significant decline in enrollment over the last seven to eight years. The final issue is that we are still giving money to organizations that are not part of Roanoke County. These are non-profit organizations and he thinks as a Board that we need to think about totally removing ourselves. Because when you add all these items together, this is where we have several million dollars every year that we keep increasing in the budget. It is very difficult on families. He thinks one thing that we do not understand as County employees. We do not understand that there are people out there working that are not making any more money than they made the year before and yet we are giving our money to non-profit organizations because we think they do a good job. This is the private sector and they need to feel that those types of things. Government needs to be responsible for government type of activities. Supervisor Moore thanked everyone who worked on the budget. Supervisor McNamara thanked everyone who worked on the budgets and the citizens that have provided comments. 260 May 26, 2015 Chairman Peters stated as he looks back at this past year when we have looked at the budget and the needs of the County and the things we continue to put off as a County and have since 2008. There are a lot of concerns he has about this budget. He does support the budget, we did cut some positions at the last work session, but there are some key things in this budget that everyone needs to understand. First, we are adding an internal auditor; he has said it before and he pushed last year and was shocked that as big as Roanoke County is that it did not have an internal auditor. There was conversation earlier about the groups that we give money to. If you look at that in its entirety, we do support non -profits that take care of children, our elderly and let's be honest, if those organizations were not there, it would ultimately fall back on us. With that being said, the Administrator and he have talked about it. He does believe we should be responsible for the taxpayer's money when we look at these. He thinks in the County, we should expect audited numbers from those organizations if they are asking us for money. Because he is not going to sit here and say they are not going great work, but we are responsible for taxpayer money. One way or another the tax payer is going to pay. These non -profits can do things cheaper than we can, but in turn we should have audited numbers from those organizations. This year we have seen an increase in IDSS because of the needs of our citizens. Fire and Rescue in Cave Spring are currently needing more help and we have added five (5) people over there. These are the needs of the County. It is not like we are making stuff up to spend money. These are concerns, service levels that the citizens have come to expect; they deserve. We have it in Hollins, Vinton, and Ft. Lewis. Cave Spring should be no different. We should be providing the same service across the Board. This budget does that. The final issue with him is the raises. He does believe and has spoken with the County Administrator about performance review for our employees. There are areas we need to improve on. He stated that is one thing lacking in the raises. If you look back over the last ten years, we are barely keeping our employees at inflation level and look across this Board and not picking on anyone, but as he looks at employment, as far as he can tell he is the only one that receives a W-2. He gets a set salary; there is no commission, no dividends or anything just a flat salary. He thinks that our employees who come to work daily, who have worked hard for many years with little advances in their pay. Mr. Bedrosian spoke of the four point five percent (4.5%), but if you look at the detail there, that was an offset for VRS, to hold the employee harmless. They did not get a four point five percent (4.5%) increase. When he looks at those things, he looks at the employees coming to work every day, they are doing their best, and they are giving us a good day's work. They are here long hours dealing with the needs of the citizens and thinks they deserve this increase in pay. He also stated he disagreed that we cannot go back. As time moves on, hopefully our economic pressure will increase to where we can cut back in certain areas, we have hired more Fire and Rescue personnel because the volunteers are not there anymore. There is not a desire in the community. It is the demands of you, your family and everyone involved. Lastly, something he has been harping on for eighteen months now is the lack of maintaining May 26, 2015 261 our vehicles and buildings. We keep talking about being stewards of tax payer money, but at the end of the day we are also stewards of the property. We have let the properties diminish and fall away right in front of us and are not doing anything about it. To him that is as much of a disservice to our citizens as being care with the money. RESOLUTION 052615-2 APPROVING THE FISCAL YEAR 2015- 2016 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget- and ��HEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearing as required thereon was held on April 28, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia - 1 . That there is hereby approved the annual operating and capital budget for fiscal year 2015-2016 for Roanoke County, Virginia, as shown on the attached Schedules. 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, McNamara, Peters ABSENT- Supervisor Church NAYS- Supervisor Bedrosian County of Roanoke Adopted FY 2015-2016 Budget May 26, 2015 Revenue Estimates General Fund General Government General Property Taxes Amount $ 123,637,615 262 May 26, 2015 Local Sales Tax 10,100,000 Telecommunications Tax 3,975,000 Business License Tax 6,399,100 Bank Franchise Tax 450,000 Utility Consumer Tax 3,825,000 Motor Vehicle License Tax 2,225,000 Recordation/Conveyance Tax 1,250,000 Meals Tax 4,071,850 Hotel/Motel Tax 1,058,610 Other Local Taxes 634,000 Permits, Fees & Licenses 551,560 Fines and Forfeitures 556,500 Interest Income 131,600 Charges for Services 898,200 Commonwealth 10,783,112 Federal 3,275,000 Other 4,958,604 Total General Government 178,780,751 Communications & Information Technology 8,543,083 Comprehensive Services 4,809,612 Law Library 11,025 Public Works Projects 183,712 DSS -Social Services Building 493,483 Recreation Fee Class 5,397,645 Grants and Other Funds 1,041,895 Police Special Programs 1,000 Criminal Justice Academy 259,374 Fleet Service Center 3,134,746 Total General Fund $ 202,656,326 Debt Service Fund - County 7,495,470 Capital Projects Fund 11,919,281 Internal Service Fund 1,880,083 School Operating Fund 136,654,796 School Nutrition Fund 5,712,290 School Debt Service Fund 13,813,014 School Grants Fund 5,460,094 School Capital Fund 1,346,670 School Instructional Resources Fund 988,820 School Bus Fund 433,219 School Laptop Insurance Reserve 350,350 Total Revenues All Funds $ 388,710,413 Less: Transfers (112,529,947) Total Net of Transfers $ 276,180,466 May 26, 2015 Proposed Expenditures Amount General Fund General Government General Administration $ 3,025,454 Constitutional Officers 13,341,839 Judicial Administration 810,732 Management Services 3,249,394 Public Safety 26,836,083 Community Services 11,352,642 Human Services 20,485,589 Non -Departmental 11,025,729 Transfers to School Operating Fund 66,327,408 Transfers to School Insurance - Dental 477,299 Transfers to (from) Capital Fund 1,218,101 Transfers to Debt Service Fund 16,522,413 Transfer to Public Works Projects 183,712 Transfer to Comprehensive Services 1,853,000 Other 2,071,356 Total General Government $ 178,780,751 Communications and Information Technology 8,543,083 Comprehensive Services 4,809,612 Law Library 11,025 Public Works Projects 183,712 DSS Social Services Building 493,483 Recreation Fee Class 5,397,645 Grants and Other Funds 1,041,895 Criminal Justice Academy 1,000 Police Special Programs 259,374 Fleet Service Center 3,134,746 Total General Fund $ 202,656,326 Debt Service Fund - County 7,495,470 Capital Projects Fund 11,919,281 Internal Service Fund 1,880,083 School Operating Fund 136,654,796 School Nutrition Fund 5,712,290 School Debt Fund 13,813,014 School Grants Fund 5,460,094 School Capital Fund 1,346,670 School Textbook Fund 988,820 School Bus Fund 433,219 School Laptop Insurance Reserve 350,350 Total Expenditures All Funds 388,710,413 Less: Transfers $ (112,529,947) Total Net of Transfers $ 276,180,466 263 264 May 26, 2015 2. Ordinance to appropriate funds for the fiscal year 2015-2016 budget and approval of the Classification Plan for fiscal year 2015-2016 (W. Brent Robertson, Director of Management and Budget) Mr. Robertson outlined the ordinance. Mr. Robertson went through the changes that have been made since the first reading. ORDINANCE 052615-3 TO APPROPRIATE FUNDS FOR THE FISCAL YEAR 2015-2016 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 28, 2015, concerning the adoption of the annual budget for Roanoke County for fiscal year 2015-2016; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia approved said budget on May 26, 2015, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 12, 2015, and the second reading of this ordinance was held on May 26, 2015, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2015, and ending June 30, 2016, for the functions and purposes indicated - Revenues: County of Roanoke Adopted FY 2015 - 2016 Budget May 26, 2015 General Fund: General Government $ 178,780,751 Communications & Information Technology 8,543,083 Comprehensive Services 4,809,612 Law Library 11,025 Public Works Projects 183,712 May 26, 2015 265 DSS -Social Services Building 493,483 Recreation Fee Class 5,397,645 Grants and Other Funds 1,041,895 Police Special Programs 1,000 Criminal Justice Academy 259,374 Fleet Service Center 3,134,746 Total General Fund $ 202,656,326 Debt Service Fund - County $ 7,495,470 Capital Projects Fund $ 11,919,281 Internal Service Fund - Risk Management $ 1,880,083 SchoolFunds: Operating $ 136,654,796 Nutrition 5,712,290 Debt 13,813,014 Grants 5,460,094 Capital 1,346,670 Instructional Resources 988,820 Bus 433,219 Laptop Insurance Reserve 350,350 Total School Fund $ 164,759,253 Total All Funds $ 388,710,413 Expenditures: General Government: General Administration Board of Supervisors $ 308,984 County Administrator 409,635 Public Information 211,678 Asst. Co. Administrators 369,067 Human Resources 722,274 County Attorney 522,908 266 May 26, 2015 Economic Development 480,910 Total General Administration 3,025,454 Constitutional Officers Treasurer $ 797,460 Commonwealth Attorney 1,134,948 Commissioner of the Revenue 752,576 Clerk of the Circuit Court 1,111,267 Sheriffs Office 9,545,588 Total Constitutional Officers $ 13,341,839 Judicial Administration Circuit Court 237,972 General District Court 69,940 Magistrate 1,590 J & DR Court 21,086 Court Service Unit 480,144 Total Judicial Administration 810,732 Management Services Real Estate Assessments $ 832,502 Finance 1,329,908 Public Transportation 420,000 Management and Budget 322,889 Procurement Services 344,096 Total Management Services $ 3,249,394 Public Safety Police $ 11,779,631 Fire and Rescue 15,056,452 Total Public Safety $ 26,836,083 Community Services May 26, 2015 267 General Services $ 5,359,929 Community Development Transfer to Debt - General & Schools 4,041,770 Building Maintenance 1,218,101 1,950,943 66,804,707 Transfer to Public Works Projects Total Community Services $ 11,352,642 Transfer to Comprehensive Services 1,853,000 Human Services $ 88,097,128 Grounds Maintenance $ 2,269,974 Parks and Recreation 2,260,695 Public Health 500,358 Social Services 9,770,909 Contributions -Human Service, Cultural, Tourism, Dues 1,669,930 Library 3,599,278 VA Cooperative Extension 87,097 Elections 327,349 Total Human Services $ 20,485,589 Non -Departmental Employee Benefits 1,888,570 Miscellaneous 1,511,500 Internal Service Charges 7,625,659 Total Non -Departmental $ 11,025,729 Transfers to Other Funds Transfer to Debt - General & Schools $ 16,522,413 Transfer to (from) Capital 1,218,101 Transfer to Schools 66,804,707 Transfer to Public Works Projects 183,712 Transfer to Internal Services 1,515,195 Transfer to Comprehensive Services 1,853,000 Total Transfers to Other Funds $ 88,097,128 Unappropriated Balance Board Contingency 50,000 May 26, 2015 Addition to Fund Balance $ 506,160 Total General Government $ 178,780,751 Communications & Information Technology $ 8,543,083 Comprehensive Services $ 4,809,612 Law Library $ 11,025 Public Works Projects $ 183,712 DSS -Social Services Building $ 493,483 Recreation Fee Class $ 5,397,645 Grants and Other Funds $ 1,041,895 Police Special Programs $ 1,000 Criminal Justice Academy $ 259,374 Fleet Service Center $ 3,134,746 Total General Fund $ 202,656,326 Debt Service Fund - County $ 7,495,470 Capital Projects Fund $ 11,919,281 Internal Services Fund - Risk Management $ 1,880,083 SchoolFunds Operating $ 136,654,796 Nutrition 5,712,290 Debt 13,813,014 Grants 5,460,094 May 26, 2015 269 Capital 1,346,670 Instructional Resources 988,820 Bus 433,219 Laptop Insurance Reserve 350,350 Total School Funds $ 164,759,253 Total All Funds $ 388,710,413 That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2015, are re -appropriated to the 2015-2016 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 2015, and appropriations in the 2015- 2016 budget. 5. That all school fund appropriations remaining at the end of the 2014-2015 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2015-2016 as follows - a.) Two-thirds of the year-end balance in the school operating fund will be allocated to the Major School Capital Reserve-, b.) One-third of the year-end balance in the school operating fund will be allocated to the Minor School Capital Reserve-, 6. That all General Fund unexpended appropriations at the end of the 2014- 2015 fiscal year not lapse but shall be re -appropriated to the County Capital Reserve. 7. That all General Fund revenues collected in excess of appropriated revenues shall be re -appropriated to the County Capital Reserve. 8. Account balances remaining in the Fee Class collected by the Parks and Recreation Department will be allocated to accounts as defined by the Fee Class Accounts Procedure. 9. Account balances remaining in Comprehensive Services (111), Confiscated Property (120), Police Special Programs (121), Forfeited Asset Sharing (122), Sheriff Jail Fees (124), Inventory (125), Criminal Justice Academy (126), Police Training Facility (127), Garage (130), Motor Pool (132), Grants (135), Communications and 270 May 26, 2015 Information Technology (146), Fee Class (150), Law Library (155), Public Works Fund (170), Social Services Building (175), Debt Fund (310), Trust Fund (510), South Peak Community Development Authority (655), Internal Service Fund (700), Special Welfare (810), Regional Fire/Rescue Training Center (814), Commonwealth Fund (815), Regional Center for Animal Control and Protection (895) funds will carry over 100% and be re -appropriated to the individual funds. 10. That the Board anticipates receiving various grants, donations, and other miscellaneous revenues. These anticipated funds are appropriated to the Grants Fund for the various functions and purposes as provided therein, and said appropriation shall be acknowledged and allocated to the appropriate fund upon approval by the Board on the Consent Agenda. 11. That all Resolutions, including but not limited to Resolutions 11 1213-12.e (Policy of the use of unexpended appropriations at the end of each fiscal year), 122104- 3 (Policy for County Capital Reserves), and 122104-5 (Policy for the use of general fund revenues in excess of budget at the end of the fiscal year) and Ordinances in conflict with this Ordinance are hereby repealed. 12. This ordinance shall take effect July 1, 2015. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, McNamara, Peters ABSENT- Supervisor Church NAYS- Supervisor Bedrosian IN RE: SECOND READING OF ORDINANCES 1. Ordinance to approve Intergovernmental Agreement between the County of Roanoke, the City of Roanoke and the County of Franklin for a Joint Public Safety Radio System known as the Roanoke Valley Radio System (Bill Hunter, Director of Communications and Information Technology; Ruth Ellen Kuhnel, Senior Assistant County Attorney) Susan Slough, Assistant Director of Communications and Information Technology advised there were no changes. There was no discussion. ORDINANCE 052615-4 TO APPROVE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF ROANOKE, THE CITY OF ROANOKE, AND THE COUNTY OF FRANKLIN FOR JOINT USE OF THE DIGITAL RADIO SYSTEM KNOWN AS THE ROANOKE VALLEY RADIO SYSTEM May 26, 2015 271 WHEREAS, the City of Roanoke, the County of Roanoke and the County of Franklin (the "Partners") desire to enter into an Intergovernmental Agreement (the "Agreement") for the purpose of the joint use of the existing Roanoke Valley Radio System ("RVRS") which serves fire, police, emergency and other radio communications of the Partners' respective localities-, WHEREAS, Roanoke City and Roanoke County entered into a joint Intergovernmental Agreement that established the RVRS dated December 14, 2011, for the above stated purpose, and now the County of Franklin desires to become a Partner in the RVRS; WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, (the "Code") allows the Partners to exercise jointly their powers with respect to the System, (described with the Agreement), whose governing bodies shall adopt ordinances as required by the Code, approving this Agreement-, WHEREAS, the Partners desire to enter into this Agreement for the purposes of providing the details relating to the operation of RVRS and defining the relationships among the Partners, as required by the Code-, WHEREAS, this Agreement will replace the Agreement dated December 14, 2011, between the City of Roanoke and the County of Roanoke, which shall become null and void upon execution of all the parties; and WHEREAS, the first reading of this ordinance was heard on May 12, 2015 and the second reading was heard on May 26, 2015. NOW THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . That the execution of an Intergovernmental Agreement between the City of Roanoke, the County of Roanoke and the County of Franklin is hereby approved by the Board for the purpose of establishing a joint public radio system known as the Roanoke Valley Radio System. 2. That the County Administrator, or an Assistant County Administrator, is authorized and directed to execute this Agreement, which Agreement shall be approved by form by the County Attorney's office. 3. That the former Intergovernmental Agreement between the City of Roanoke and the County of Roanoke shall be null and void only upon execution of the Agreement by all the Partners. On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters ABSENT- Supervisor Church NAYS- None 272 May 26, 2015 2. Ordinance approving a lease amendment agreement for the Tinker Mountain Tower site (Rob Light, Acting Director of General Services; Susan Slough, Assistant Director of Communications) Mr. Light advised there were no changes. There was no discussion. ORDINANCE 052615-5 APPROVING A LEASE ADDENDUM AND EXTENSION FOR THE TINKER MOUNTAIN TOWER SITE WHEREAS, the County of Roanoke leases a site located on Tinker Mountain in the County of Botetourt, Virginia, on property previously held by Lee C. Hartman, Jr. and is now owned by John W. Brandemuehl, and is property designated in the Botetourt County Land Records as Tax Map No 106-45; and WHEREAS, the purpose of the site is maintaining towers, antennae and equipment buildings for the operation of its public safety radio communications, systems to provide for E911 coverage to critical areas and to provide back-up capabilities for the public safety system; and WHEREAS, the current lease had a term of five (5) years, July 1, 2010 through June 30, 2015, which was approved by Ordinance 091410-3 on September 14, 2010-7 and WHEREAS, Roanoke County staff has negotiated an additional five (5) -year term, with a five percent (5%) annual escalation in rent, which is the same percentage increase under the current, expiring lease agreement- and WHEREAS, the provisions of Section 18.04 �f the Charter of Roanoke County require that the acquisition of any interest in real estate, shall be accomplished by ordinance; the first reading of this ordinance was heard on May 12, 2015 and the second reading was heard on May 26, 2015. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1. That an extension of the lease, (attached as "Addendum to Lease Agreement") for a parcel of land owned by John W. Brandemuehl, consisting of 0.0363 acre, more or less, as shown on Exhibit A of the original lease agreement, attached hereto, together with the non- exclusive right of ingress, egress and regress from Tinker Top Road (Frontage Road) over the existing gravel access and private driveway to the site, for an extended term of five years effective as of July 1, 2015, through June 30, 2020 with the rent escalating by five percent (5%) each year is hereby authorized and approved. 2. That the annual rental rate in the first year beginning July 1, 2015, will be Five Thousand Four Hundred Twenty Seven and 79/100 ($5,427.39) for the first (1st) year in the extended lease; the second May 26, 2015 273 (2nd) year beginning July 1, 2016, will be Five Thousand Six Hundred Ninety Eight and 76/100 ($5,698.76); the third (3rd) year beginning July 1, 2017, will be Five Thousand Nine Hundred Eighty Three and 70/100 ($5,983.70)- the fourth (4 th) year beginning July 1, 2018, will be Six Thousand �wo Hundred Eighty Two and 88/100 ($6,282.88)- and the fifth (5 th) year beginning July 1, 2019, will be Six Thous�nd Five Hundred Ninety Seven and 03/100 ($6,597.03) is hereby authorized and approved. 3. That the rent payment shall be paid from the E911 Maintenance Account. 4. That the County Administrator, or any Assistant County Administrator, or any designee is authorized to execute this lease addendum on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney's office. On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters ABSENT- Supervisor Church NAYS- None 3. Ordinance accepting and appropriating a Stormwater Management (SWM) Program fee in the amount of $14,904 from the Department of Environmental Quality to the Department of Community Development's minor capital National Pollutant Discharge Elimination System (NPDES) account for stormwater permit fees collected from local projects prior to July 1, 2014 (Tarek Moneir, Deputy Director of Development) Mr. Moneir advised there were no changes. There was no discussion. ORDINANCE 052615-5 APPROVING A LEASE ADDENDUM AND EXTENSION FOR THE TINKER MOUNTAIN TOWER SITE WHEREAS, the County of Roanoke leases a site located on Tinker Mountain in the County of Botetourt, Virginia, on property previously held by Lee C. Hartman, Jr. and is now owned by John W. Brandemuehl, and is property designated in the Botetourt County Land Records as Tax Map No 106-45; and 274 May 26, 2015 WHEREAS, the purpose of the site is maintaining towers, antennae and equipment buildings for the operation of its public safety radio communications, systems to provide for E911 coverage to critical areas and to provide back-up capabilities for the public safety system; and WHEREAS, the current lease had a term of five (5) years, July 1, 2010 through June 30, 2015, which was approved by Ordinance 091410-3 on September 14, 2010-7 and WHEREAS, Roanoke County staff has negotiated an additional five (5) -year term, with a five percent (5%) annual escalation in rent, which is the same percentage increase under the current, expiring lease agreement- and WHEREAS, the provisions of Section 18.04 �f the Charter of Roanoke County require that the acquisition of any interest in real estate, shall be accomplished by ordinance; the first reading of this ordinance was heard on May 12, 2015 and the second reading was heard on May 26, 2015. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1. That an extension of the lease, (attached as "Addendum to Lease Agreement") for a parcel of land owned by John W. Brandemuehl, consisting of 0.0363 acre, more or less, as shown on Exhibit A of the original lease agreement, attached hereto, together with the non-exclusive right of ingress, egress and regress from Tinker Top Road (Frontage Road) over the existing gravel access and private driveway to the site, for an extended term of five years effective as of July 1, 2015, through June 30, 2020 with the rent escalating by five percent (5%) each year is hereby authorized and approved. 2. That the annual rental rate in the first year beginning July 1, 2015, will be Five Thousand Four Hundred Twenty Seven and 79/100 ($5,427.39) for the first (1st) year in the extended lease- the second (2nd) year beginning July 1, 20167 will be Five Thousand Six Hun�red Ninety Eight and 76/100 ($5,698.76)- the third (3rd) year beginning July 1, 2017, will be Five Thousand Nine Hun&d Eighty Three and 70/100 ($5,983.70); the fourth (4 th) year beginning July 1, 2018, will be Six Thousand Two Hundred Eighty Two and 88/100 ($67282.88); and the fifth (5 th) year beginning July 1, 2019, will be Six Thousand Five Hundred Ninety Seven and 03/100 ($6,597.03) is hereby authorized and approved. 3. That the rent payment shall be paid from the E911 Maintenance Account. 4. That the County Administrator, or any Assistant County Administrator, or any designee is authorized to execute this lease addendum on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney's office. May 26, 2015 275 On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters ABSENT- Supervisor Church NAYS- None IN RE: CONSENT AGENDA RESOLUTION 052615-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - That the certain section of the agenda of the Board of Supervisors for May 26, 2015, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows - 1 . Approval of minutes —April 28, 2015 2. Confirmation of appointments to the Clean Valley Council, Roanoke Valley - Alleghany Regional Commission, Roanoke Valley Convention and Visitors Board and the Western Virginia Regional Water Authority 3. Request to accept and allocate funds in the amount of $1,382.64 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2014/2015 On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters ABSENT- Supervisor Church NAYS- None A -052615-7.a A -052615-7.b IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke - Noah Tickle of Commonsense, he prays, Catawba Magisterial District and 276 May 26, 2015 resident since 1956. Before he leaves here today, he is going to march right over to the Treasurer's office and pay all of my tax punishments up-to-date because he is never delinquent. Like he has said before, he has no intentions to move to get relief. He could move to the very wild rurals of mid -Tennessee and so call own five times the land and pay 1/6 th the tax and not here about me or that. He is here to say put the brakes on this train wreck before it jumps the tracks and takes down everything our forbearers have ever worked hard for. Taxed to death is antigrowth. A local governance level is for any common sense of governance actually comes from. A central government and our Dillon rulers are watching and planning their next moves. They are so confused by their own weeds they know nothing anymore. We can speak of formulas, figures, structures, reality checks with all the popular political circus mumbo -jumbo, here we go round the mulberry bush into the weeds of wool over the eyes. Governance is funded by the blood, sweat and tears of tax punished. Let's stay with this new budget game plan and try avoiding punishment in Roanoke County toward growth. By contributing to the commonsense growth and contributing to the tax base to help shoulder the burden of antigrowth. All residents pay their fair share. Perhaps someday, down the tracks we will see some real growth, commonsense. Steven Rosenthal thanked Supervisor Bedrosian for his leadership in the tax and fiscal issues. As he understands the proceedings correctly, it is a foregone conclusion for this year, but in the future he would urge the Board to take a harder look at what really are the essential "core" functions of government and fund those adequately. Take a hard look at things that could be cut or eliminated. He thinks the best course is to balance the budget, repay the debt and down the road paying principal and interest on the debt would allow some increases to be made later. That would be the wise course for both the County, the State and our Country. IN RE: REPORTS Supervisor Bedrosian moved to receive and file the following reports and asked the Outstanding Debt Report be considered separately. The motion carried by the following recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara Peters NAYS- None ABSENT- Supervisor Church 1 . General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt 5. Comparative Statement of Budgeted and Actual Revenues as of April 30, 2015 May 26, 2015 277 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of April 30, 2015 7. Accounts Paid — April 30, 2015 8. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of April 30, 2015 Supervisor Bedrosian then asked Rebecca Owens, Director of Finance to review the Outstanding Debt report. Ms. Owens provided an overview. Supervisor McNamara moved to receive and file the report. The motion carried by the following recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara Peters NAYS- None ABSENT- Supervisor Church At 4-08 p.m. Chairman Peters recessed to the 4 th floor for work session. IN RE: WORK SESSIONS 1. Work session to discuss House Bill 2 with Michael Gray, District Planner and Dan Collins, Residency Administrator, Virginia Department of Transportation (Richard L. Caywood, Assistant County Administrator; David Holladay, Planning Administrator) Mr. Caywood introduced Dan Collins and Michael Gray who went through a PowerPoint presentation based on four questions- local role in creating new projects, impacts to Revenue Sharing, rural projections and how does the bill effect our secondary six-year plan. A copy of the presentation is on file in the office of the Clerk to the Board of Supervisors. The work session was held from 4-27 p.m. until 4-50 p.m. 2. Work session to discuss Roanoke County's Secondary Roads System Six -Year Improvement Plan for fiscal years 2016-2021 (David Holladay, Planning Administrator) In attendance for this work session were Dan Collins, VDOT; Brian Blevins, VDOT- and David Holladay. Siaff reviewed a PowerPoint presentation with the Board providing staff suggestions for the Improvement Plan for fiscal years 2016-2021. A copy of the presentation is on file in the office of the Clerk to the Board. 278 May 26, 2015 Supervisor Moore inquired if any consideration was done to laying broadband when widening the rural areas. Mr. Collins advised if there was an expansion planned it could be considered. Supervisor McNamara asked what could move McVitty and Cave Spring Lane forward with Mr. Collins advising the Commonwealth Transportation Board. He added that local governments will have a lot of input through the residency office. The work session was held from 4-50 p. until 5-15 p.m. Chairman Peters called the evening session back into order at 7-00 p.m. IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. The petition of PEG Bandwidth to amend a Special Use Permit condition to allow for the addition of a microwave antenna to an existing broadcasting tower in an AG -1S, Agricultural/Rural Low Density, District with Special Use permit and AV, Agricultural/Village Center, District on approximately 35.85 acres, located at 6334 Franklin Road, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition- advised it is a capacity issue. Planning Commission approved as proposed. He a�lvised petitioner is in attendance to answer any questions. Chairman Peters opened and closed the public hearing with no citizens to speak on this item. Supervisor Moore made a substitute motion to add under paragraph one, no microwave higher than one hundred and fifty-two feet, AGL. There was no discussion. ORDINANCE 052615-8 AMENDING A SPECIAL USE PERMIT CONDITION TO ALLOW FOR THE ADDITION OF A MICROWAVE ANTENNA TO AN EXISTING BROADCASTING TOWER IN AN AG -1S, AGRICULTURAL/RURAL LOW DENSITY, DISTRICT WITH SPECIAL USE PERMIT AND AV, AGRICULTURALIVILLAGE CENTER, DISTRICT ON APPROXIMATELY 35.85 ACRES, LOCATED AT 6334 FRANKLIN ROAD, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF PEG BANDWIDTH WHEREAS, PEG Bandwidth has filed a petition to amend the conditions for a special use permit granted by Ordinance 092397-9 to construct a communications tower; and May 26, 2015 279 WHEREAS, the petitioner requests approval of an amendment to the conditions imposed in 1997 to allow for the addition of a microwave antenna to the existing broadcasting tower located on approximately 35.85 acres at 6334 Franklin Road (Tax Map No. 107.00-02-19.00) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 5, 2015; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 28, 2015; the second reading and public hearing on this matter was held on May 26, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . That the Board finds that amending the special use permit condition imposed in 1997 as set out below is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following amended condition(s)- (1) The height of the tower structure, excluding any antenna attached to the structure, shall not be more than one hundred fifty two (152) feet. No microwave dish shall be allowed over one hundred fifty two (152) feet above ground level (AGL). This structure shall be constructed to accommodate a structure capable of being increased to one hundred ninety five (195) feet-, however, the tower structure shall not be increased to one hundred ninety five (195) feet unless the increase is required to accommodate co -location of equipment for another vendor/provider, and any increase shall be subject to an additional special use permit application. (2) The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. (3) No lighting shall be installed on the tower structure or equipment building except for secondary lighting not to exceed a height of twenty-five (25) feet. (4) This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co -locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required by the additional capacity. (5) If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site 280 May 26, 2015 within thirty (30) days of notice by the County and the special use permit shall become void. (6) Any damage to the existing road, resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. (7) Public emergency communications equipment shall be accommodated at no expense to the County. (8) The applicant shall install a locked gate at the entrance to the private right-of-way. 2. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters ABSENT- Supervisor Church NAYS- None 2. The petition of The Branch Family LLC to obtain a special use permit for equipment sales and rentals in a C -2C, High Intensity Commercial, District, with conditions on an approximately 1.516 acre lot, located near 5130 Peters Creek Road, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the request. Chairman Peters opened and closed the public hearing with no one to speak on this agenda item. There was no discussion. ORDINANCE 052615-9 GRANTING A SPECIAL USE PERMIT FOR EQUIPMENT SALES AND RENTALS ON PROPERTY LOCATED IN THE 5100 BLOCK OF PETERS CREEK ROAD IN A C -2C, HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS, ON 1.5 ACRE (TAX MAP NO. 037.08-01-06.04) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF THE BRANCH FAMILY, LLC May 26, 2015 281 WHEREAS, The Branch Family, LLC has filed a petition for a special use permit for equipment sales and rentals on property located in the 5100 block of Peters Creek Road (Tax Map No. 037.08-01-06.04) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 5, 2015; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 28, 2015; the second reading and public hearing on this matter was held on May 26, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . That the Board finds that the granting of a special use permit to The Branch Family LLC for equipment sales and rentals on a 1.5 acre parcel located in the 5100 block of Peters Creek Road in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following condition(s). (a) The portion of the property specifically used for incidental storage, maintenance and servicing of equipment, which is adjacent to the property of Big Lick Development Corporation at 5160 Peters Creek Road (TM#- 037.08-01- 06.02-0000) will continue to have a six foot (6') high wooden privacy fence along the southern and southwestern boundaries, as consistent with the fencing currently located on the property, as shown on the Concept Plan. 2. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, McNamara, Peters ABSENT- Supervisor Church NAYS- None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Virginia Hardin stated she wanted to speak about an item in the budget and knows she is a little late. What she wants to speak about is that she really wants the Board to think about over the next year or so. Ms. Hardin stated that she had 282 May 26, 2015 understood there were several items in the budget that were given to organizations that she would consider charitable organizations; the kind of things she would donate to out of her own money. This bothered her that we would spend County money on things that people could take care of themselves and she would rather see that money applied to lowering the County debt or lowering her tax rate, either way. She thinks she is really in favor of seeing it lower the County debt and she found something in a book, America the Beautiful by Dr. Ben Carson. On page 122, she thought he agrees with her and one of our founders agrees with her. She hopes he is a revered founder particularly because he is a Virginian. "In the annals of Congress, House of Representatives, third Congress 1794, President James Madison is documented as saying he cannot undertake to lay my finger on that article of the Constitution, which grated a right to Congress of expending on objects of benevolence the money of their constituents." He went on to say, "We all want to be benevolent of course but as President Madison pointed out there is nothing in the Constitution that entitles the government to use the money of their constituents for charitable purposes, no matter how noble their goals." She stated that is the way she feels about. She advised she gives to charity when she can afford and picks and chooses like the rest of us do." She really thinks she would like to see this money to lower our debt. If not to lower our debt, lower our taxes. She stated she knows it would be very hard on these organizations to be wiped out and she thought maybe the Board could knock them down or tell them a year ahead and tell them we are going to lower your amount by ten percent (10%) and then that amount would be deducted the following year until such time there is nothing coming to you. That way you could do it in a nice way, a charitable way, to take it away and would give these people, these organizations, time to fund raise in other areas and other ways. She is very serious about this and it has really bothered her. She forgot to tell the Board that she lives in Winterberry Point in the Windsor Hills District. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Bedrosian stated tonight we've passed a budget and he just wanted to make a point about that again just very briefly. He voted against the budget because he is concerned about where our County is going. He is always concerned about our Country, our State and our County. We just keep incrementally raising budgets. All three of us have debts and it seems very difficult to get out of that mode. He would really urge the people of Roanoke County to get involved in government and it's time to get back to a pay as you go system where you put money aside and save it for a time when we need it and we get out of debt. The other comment I wanted to make, and this really bothered me this weekend as we had Memorial Day that it's no secret, what bothered me was the climate change and global warming initiative and what concerned me about them is that they seemed to get a very extreme sense of what was going on with our world in terms of climate change and global warming. Our President made a commencement address to our national guard, coast guard academy May 26, 2015 283 and talked about how serious this threat was that it was the most serious threat the world has ever known and told them it was a dereliction of duty if they didn't get a hold of climate change as a threat. As one, he has known people who have died in war, he has known people that have gotten parts of their body blown off. He found that comment very offensive. He thinks we need to give a lot of praise to our military because everyday they are going after things that are real and people that are wanting to kill them and destroy them. After seeing a lot of ceremonies going on this weekend and stories, testimonies of people that have gone through the horrors of war, he thinks we need to put things in perspective. This Country does have a threat and a lot of this threat is evil and there are people that are coming to hurt us and destroy us and we see it everyday on television and we hear about it. As a matter of fact someone in Roanoke coming to shoot police officers. We have a fire rescue that everyday go into the heated situations and put their lives on the line. We have a police force everyday getting shot by somebody. He wants to make sure we have things in perspective what is a real threat to our country. Supervisor McNamara stated he would like to recognize staff who have done a very thorough job on the budget evaluation this year. The second, he would encourage folks to go to our website and there is a video out referencing a recruitment process for one of our department heads and he would like to congratulate not only staff but also RVTV. It really looks good and represents Roanoke very well and very, very accurately. It is something that we have not done in the past. So, it's stepping forward and trying something different and doing a little bit different approach to a problem that we've had or not a problem, but a function, which is hiring a new department head, which we have done on a regular basis but we are utilizing our technology and expertise. He stated he would like to congratulate them and thank them for their efforts in that regard. Supervisor Moore stated she would like to let everyone know that if you need a passport, if you would like to apply for one, you can now go to the county library and make an appointment. You can call 777.8782 or go to Roanoke CountyVA.gov./passport. Supervisor Peters stated it's been a great evening. The only thing he would like to add about the budget, if you are interested in what's going on in the County and if you see what's happening around us, he too encourages citizens to get involved because the more citizens we can get involved, the less government does have to step in. He thanked the employees for everything they do. Without them none of this would happen and the core functions of government would be really non-existent. a0 5 eem IN RE: ADJOURNMENT May 26, 2015 Chairman Peters adjourned the meeting at 7-18 p.m. Deputy Clerk to the Board Approved by: P. Jas Peters C6hair an