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HomeMy WebLinkAbout6/9/2015 - RegularJune 9, 2015 285 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 second Tuesday and the first regularly scheduled meeting of the month of June 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 an invocation was given by Pastor Ken Nienke of Fellowship Community Church. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Peters called the meeting to order at 3-01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman P. Jason Peters, Supervisors Al Bedrosian, Joseph B. "Butch" Church, Joseph P. McNamara and Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Richard Caywood, Assistant County Administrator- Paul M. '7 Mahoney, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Deputy Clerk to the Board IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Bedrosian requested that an additional briefing be given on the Western Virginia Water Authority rates. There was no discussion. 286 June 9, 2015 IN RE: BRIEFINGS 1. Briefing to update the Board of Supervisors on the Roanoke County Pipeline Advisory Committee (PAC) (Richard L. Caywood, Assistant County Administrator; Roberta Bondurant, Vice - Chairman, Roanoke County Pipeline Advisory Committee; Ruth Ellen Kuhnel, Senior Assistant County Attorney) Mr. Caywood provided the Board with a PowerPoint presentation and turned the briefing over to Roberta Bondurant. Supervisor Moore inquired who would monitor the roadways, how many times you cross a waterway, silt debris, reports and how often. Mr. Caywood advised that the Department of Environmental Quality has a lead role but have publically stated they do not have the resources and that is a concern. Staff recommendation will be to consider as part of our legislative initiatives for the upcoming session. If the State does not have the resources, is that something that the County could do with delegated authority. This would be the most significant land disturbing item in our region since the construction of 181. Supervisor McNamara commented he appreciates all the involvement. He then questioned what will happen if it is not used in the future. It is interesting that the federal government could approve something and not take care of same down the road. Supervisor Church commented this is a huge undertaking with no good feel of assurance. Supervisor Bedrosian commented he appreciated all the work being done as there is a lot to sift through and decide what is best for the area. He added that he had voted no on the first resolution, because we opposed it but likes the comments and would like some answers. He stated he feels that there should be some positives to this. If we never did any of this, how would America grow? Mr. Caywood responded this is the vehicle you would use to find out the answers. He added that they would add the economic benefits. Supervisor Bedrosian asked the reaffirmation section be deleted. Chairman Peters stated he also appreciated the work being done and agrees with Mr. McNamara with regard to decommissioning. Ms. Kuhnel added there is a regulation that goes through an abandonment of the pipeline, but has not had time to see if it is adequate. Chairman Peters remarked that our planning process did not matter if FERC decided it did not matter. Ms. Kuhnel stated there is no permitting process for the pipe, but a compressor station would be through a special use permit. She stated there are certain laws that if your State laws require deference to local zoning laws, then they have to be recognized. She advised she believes there are certain things that we will be able to do, but is still researching. June 9, 2015 287 2. Briefing to update the Board of Supervisors on the rate increase by the Western Virginia Water Authority (Thomas C. Gates, County Administrator) Mr. Gates advised that the Board had approved the joiner with the County of Botetourt on May 26, 2015. After that date, questions had been raised concerning an increase in rates. Mr. Gates met with staff and discussed. The rate changes are not related to the joiner. The new rates were advertised on May 24, 2015, with the rates anticipated to be $0.50 on water $1.00 sewer. The final approval will occur in June with the cost anticipated to be $1.50 for a normal household. IN RE: NEW BUSINESS 1. Resolution affirming the Roanoke County Pipeline Advisory Committee's recommended comments to the Federal Energy Regulatory Commission (FERC) for the scoping process of the Mountain Valley Pipeline (Richard L. Caywood, Assistant County Administrator; Roberta Bondurant, Vice Chairman, Roanoke County Pipeline Advisory Committee) Mr. Caywood outlined the resolution. Supervisor Bedrosian asked if the section that the Board is reaffirming Resolution 120914-4 dated December 9, 2014 can be removed. He stated he would have to vote no if it is kept as is. On December 9, 2014, the Board of Supervisors opposed the construction of the pipeline. It does not seem like we need to ask anybody any questions if we are just going to oppose it. If we are going to ask questions because we really want answers. A gas pipeline coming through and bringing energy to different parts of the County or selling it or whatever it does for the economy is good. But if we are just going to oppose it right from the start without finding if there is a possible way of doing this without disturbing things, for example the pipe being moved from the water quite a distance was good. So, he just wants to bring that to the committee. He added that his biggest opposition to the pipeline has always been the eminent domain issue. He would like to see that addressed, but that is probably not a thing you would address with FERC, but that has always been his biggest issue. Nobody has the right to go on anybody's property if they do not want them on their property. He reiterated that he would like the reference to R120914-4 be removed and then all we are doing is saying these are the Committee's recommended comments and we are affirming those comments to pass on. Supervisor Moore stated she would like to reiterate that the resolution the Board approved was not approved without just cause. It was stated in there that it effected Roanoke County and Roanoke County citizens. It effects Bottom Creek on Bent Mountain and things like Spring Hollow Reservoir and we explain that in the 288 June 9, 2015 resolution. She stated she is still a believer that we should keep the resolution as it is and feels it is most effective in letting people know that we do oppose it for these reasons. Supervisor Church stated he too goes back to the December 9, 2014, meeting where we had a room full of people and we don't need to go back and review every detail. We had the MVP people come that could not quite frankly answer anything. The Board opposed this for a variety of reasons. This is our community; this is where we live- this is where our basic water supply, in this opinion, is endangered. This is a basic p�emise of his, when you are told that a certain organization is going to do one thing and then do the opposite more than one time. They are providing numbers that are not verified. They are saying economic benefit. They are saying no impact. They are saying limited liability. Anybody can give you statements; numbers, but he has asked all along to have something verified. He does not know of anything that is provable and they cannot verify it is an economic benefit. He understands that it is going to be connected locally; but he challenges that. You can say all you want to. All the information that he has studied this as soon as the news hit this area is that it is going someplace else. It is probably going out of our County. So, what we are doing here is allowing an organization to give you a synopsis of what it is going to do for you, but it cannot be verified. The information from Pennsylvania and Ohio is that the information is not the same. He thinks the Board is right in opposing this. He thinks we should stay where we are with the opposition in there. Supervisor McNamara stated we passed a resolution of opposition because the Board was not getting answers. So, we still are not getting answers. So, his feeling is quite simple. He is against something until they answer the questions. If somebody has a rezoning and they are only telling you a part of what they are going to rezone, guess what, we are against it. We may not end up being against it when they answer questions and address concerns and then decide it is in our best interest as a community. But as of right now, nothing has changed with his feeling that we are not getting answers, that we are utilizing the best methods available at our disposal to try to get those answers. He stated he feels the resolution is appropriate. Supervisor Bedrosian stated he is hearing the Board say that if things change maybe we would approve it if we had the answers we are looking for. He then asked Mr. Mahoney, if we are in a negotiation with somebody and we always tell them we are in opposition but we want to negotiate, he is not going to agree with you. He just does not know what the basis is if we are telling them that we oppose them. Is that the way we negotiate with anybody. We just tell them right up front. If the wording was, i4we may change if you can answer these questions." he could understand. M r. Mahoney responded in reviewing the language in the December resolution, the Board had indicated its opposition, at least as he recalls, based upon some potential adverse impacts. First to County property, i.e. Camp Roanoke. In addition, some potential impacts to Poor Mountain and Bent Mountain communities. In addition in reading the resolution as a whole, he thinks its raises those questions that the Board at that time June 9, 2015 289 due to a lack of information and a lack of answers. So, the December resolution was very narrow and targeted to one area. The more critical part in the current resolution and particularly with respect to the listing of the criteria that is attached to the exhibit. Those issues were issues that number one are the criteria that FERC would use when it analyses this approach in the scoping process. Secondly, it reflects the hard work of the citizens' advisory committee. Supervisor Bedrosian stated so why don't we have this stand-alone instead of referencing back to a negative. Supervisor Peters stated the way he looks at it is that on December 9, 2014, the Board was voting in reference to what was proposed to us by EQT. Based on the information they were giving us- very little information. He was asking very pointed questions that night. He asked if &s was being set up to go outside of the Country. Is this for this or that purpose? He got no answers. So, the way he looks at this resolution that is being presented today, it is basically EQT versus FERC. We prepared our opposition based on the Company that was here and that we do oppose what they presented to the Board. They gave us no answers. They went on our citizens' property. We found out about this after the fact. They did not notify us first and stood before the Board and said we will do a better job. We will tell you. We had the same incident a month and a half later. Today, he feels like the Board is sending a message to the Federal Energy Regulatory Commission saying we understand this is coming, but here are our issues and we would like for you to help soften the impacts or work with us in this regard because we do understand it is coming. RESOLUTION 060915-1 AFFIRMING THE ROANOKE COUNTY PIPELINE ADVISORY COMMITTEE'S RECOMMENDED COMMENTS TO THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) FOR THE SCOPING PROCESS OF THE MOUNTAIN VALLEY PIPELINE WHEREAS, the pipeline known as the Mountain Valley Pipeline (MVP) is expected to transport a natural gas supply from the Marcellus and Utica regions to various Southeast United States markets; and WHEREAS, the MVP is governed by the United States Natural Gas Act, which requires a Certificate of Public Convenience and Necessity (CPCN) from the Federal Energy Regulatory Commission (FERC); and WHEREAS, the Roanoke County Board of Supervisors has passed two (2) prior resolutions regarding the Mountain Valley Pipeline; and WHEREAS, those resolutions are hereby incorporated by reference and are known as "Resolution 120914-4 of the Board of Supervisors of the County of Roanoke, Virginia opposing the Mountain Valley Pipeline" adopted December 9, 2014, and "Resolution 042815-5 petitioning the Federal Energy Regulatory Commission to hold an additional scoping public hearing in Roanoke County and to extend the public comment 290 June 9, 2015 period during the scoping phase for the Mountain Valley Pipeline Project" adopted April 28,2015 -and WIHEREAS, the Roanoke County Board of Supervisors created the Pipeline Advisory Committee ("the Committee") by Resolution 031015-1; and WHEREAS, the Committee met on June 1, 2015, and voted to submit additional comments to FERC on its behalf- and WHEREAS, those comm�nts are attached as Exhibit A and titled "Comments from the Pipeline Advisory Committee Recommended for adoption by the Roanoke County Board of Supervisors for submission to the FERC (Federal Energy Regulatory Commission) Mountain Valley Pipeline Project Scoping Comment Period."- and WHEREAS, the Committee seeks approval of those additional c�mments and their subsequent submission as allowed during the scoping process. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . That the Resolution 120914-4 dated December 9, 2014 is hereby reaffirmed. 2. That the Resolution 042815-5 dated April 28, 2015 is hereby reaffirmed. 3. That the comments of the Roanoke County Pipeline Advisory Committee which are attached as Exhibit A, known as "Comments from the Pipeline Advisory Committee Recommended for adoption by the Roanoke County Board of Supervisors for submission to the FERC (Federal Energy Regulatory Commission) Mountain Valley Pipeline Project Scoping Comment Period" are hereby affirmed. 4. That the County Administrator is hereby directed to file a certified copy of this Resolution along with the attached exhibits with the Federal Energy Regulation Commission by the June 16, 2015 project scoping deadline. On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Church, McNamara, Peters NAYS- Supervisor Bedrosian Exhibit A Comments from the Pipeline Advisory Committee Recommended for adoption by the Roanoke County Board of Supervisors For submission to the FERC (Federal Energy Regulatory Commission) Mountain Valley Pipeline Project Scoping Comment Period June 9, 2015 Potential impacts to vegetation and wildlife: 1. Percina rex, Roanoke Logperch is an Endangered species found in the Roanoke River that will be impacted directly by disturbance during construction and June 9, 2015 291 chronically by increased siltation following construction. http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=E01 G 2. Noturus gilberti, Orangefin Madtom is a Threatened species found in the Roanoke River that will be impacted directly by disturbance during construction and chronically by increased siltation following construction. http://www.dqif.virginia.gov/wildlife/virginiatescspecies.pdf 3. Clemmys muhlenbergii, Bog Turtle is a Threatened species inhabiting the high elevation wetlands of Bent Mountain in Floyd, Roanoke and Franklin Counties. It will be directly impacted during construction and will continue to be impacted by the altered hydrology of the wetlands after construction. http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=C048 4. Glaucomys sabrinus, Northern Flying Squirrel is an Endangered species inhabiting the forests of Montgomery Co. and may be directly impacted during construction and maintenance of the pipeline. http://www.dqif.virginia.gov/wildlife/information/?s=050068 5. Myotis sodalis, Indiana Bat is an Endangered species inhabiting the forests of Montgomery Co. and may be directly impacted during construction and maintenance of the pipeline. http://www.dqif.virginia.gov/wildlife/information/?s=050023 6. Buckleya distichophylla, Pirate Bush is an Endangered species inhabiting Poor Mountain and will be directly impacted during construction of the pipeline. The Poor Mountain population of the Pirate Bush is the largest known population of the species. http://plants.usda.gov/core/profile?svmbol=BUDI Potential impacts to water resources and wetlands: 1 . Spring Hollow Reservoir is the primary drinking water supply for residents of Roanoke County. http://www.westernvawater.org/85256a8dOO62af37/vwContentBvKey/N2628RP6 374PLESEN The proposed pipeline route will pass within 500 feet of the reservoir and the construction area will be well within the drainage are of the reservoir increasing silt loads into the reservoir. 2. Poor Mountain, located in western Roanoke County, is the primary water source for much of the Roanoke Region. Water flows from Poor Mountain in all directions through surface run-off, creeks and small streams such as Bottom Creek, a Virginia Tier III stream used for recreational purposes and home to endangered species, and through underground aquifers throughout the mountain's karst topography. The Poor Mountain watershed is critical to supplying clean water to Roanoke County, and the Cities of Salem and Roanoke, and to rural areas of Montgomery and Henry Counties. 3. The entire 40 river miles reach of the Roanoke River downstream of crossing of proposed pipeline and above Smith Mountain Lake is part of the Roanoke River Blueway. http://rvarc.org/blueway Construction and maintenance of the pipeline will increase silt loads into the river causing the water to be muddy creating 292 June 9, 2015 hazards for canoeists, kayakers, swimmers, tubers, and standup paddle boarders and making the river less aesthetic for users. 4. Bottom Creek is a world class whitewater destination drawing paddlers from around the United States and other countries. Disturbance during construction and maintenance will increase turbidity compromising the safety of paddlers. Flows will be compromised by altering the hydrology of the headwaters. In a recent study in nearby West Virginia, whitewater recreation was found to contribute over $50 million annually to the economy and provide over 1400 jobs within the state. http://www.americanwhitewater.org/content=iki/stewardship: recreation economi cs 5. Over 25 miles of Greenway are in the Roanoke Valley primarily along the Roanoke River downstream of the Roanoke River crossing of the proposed pipeline. http://roanokevalley.org/progress Over $20 million have been spent constructing these Greenways to enhance the quality of life for the residents of the Roanoke Valley. Construction and maintenance of the pipeline will cause the water along these Greenways to be muddy compromising the experience of Greenway users. 6. The proposed pipeline route traverses native Brook Trout streams on Bent Mountain and crosses the Roanoke River just upstream of the VDGIF trout fishery in Salem and Roanoke. http://www.dqif.virginia.gov/fishing/trout/area- maps/map3.pdf The United States Fish and Wildlife Service estimates for 2006 indicated that trout fishing contributed >$20 billion to the US economy, created 109,000 jobs, and created >$1.7 billion in tax revenue. http://digitalmedia.fws.gov/cdm/ref/collection/document/id/52 Virginia has 800,000 anglers and fishing has contributed $1.3 billion dollars to the VA economy. http://www.dqif.virginia.gov/fishing/benefits/ 7. In total, outdoor recreation is responsible for 6.1 million American jobs with 138,000 of those in Virginia, and contributes $646 billion to the American economy with $13.6 billion of that in Virginia. Almost 3 times as many Americans work in the outdoor recreation industry as work in the oil and gas industry, and Americans spend more annually on outdoor recreation than they do on all forms of energy combined. http://outdoorindustry.org/advocacy/recreation/economy.html 8. Vegetation- The high and steep slopes of Poor Mountain are characterized by oaks, hickories, table mountain pine and a unique stand of sugar maple reminiscent of New England forests. The ericaceous understory consists of azaleas, mountain laurel, doghobble and rhododendron. The cove hardwood community includes tulip poplars, cucumbers and Fraser magnolias. The alder - leafed viburnum, common to northern forests, inhabits the shrub layer. The Poor Mountain forest is a unique meeting place of the Northern California hemlock and the southern Carolina hemlock, both of which host the globally rare Piratebush. June 9, 2015 293 Poor Mountain hosts a remnant population of the American Chestnut, comprised of saplings that have sprouted from adventitious buds on the old roots of original trees whose trunks and limbs were killed in the early 20th century. Scientists interested in restoring the chestnut to the Appalachians anticipate this population may produce offspring with a natural resistance to the fungus that killed the original population. 9. Airborne species- Migrating upon on the isolated ridgetop of Poor Mountain includes 12,000 raptors observed in the 2007 season, and 2700 raptors between September 22nd and 23rd, 2009. Poor Mountain is recognized as a hawk migration site by the hawk Migration Association of North America - the second best hawk migration site in Virginia. 10. There are four tree bat species- the evening, silver -haired, red and hoary, which would inhabit large tracts of Roanoke forest during the warmer months which would migrate south in winter. Because it is extremely difficult to do a census of tree bat populations, scientific evaluation of these species requires undertaking before any environmental stressors are introduced to populations already threatened (up to 95% of Vermont bats has been lost to white nose syndrome).Both the Virginia Big 'Eared bat and the Indiana bat have been found in Highland and Botetourt County and those counties south of Roanoke— as the migration from hibernacula to summer habitats can range to 320 miles, scientists would conclude that they use the Blue Ridges and surrounding area as migration routes, according to the Virginia Dept. of Game and Inland Fisheries. 11. Other unique species include the Appalachian cottontail, woodland jumping mouse, spotted skunk and the long-tailed shrew, because of its unique habitat, possible residents include rock voles, Allegheny Woodrats, and Northern Flying Squirrels. Potential impact to geology and soils: 1 . Poor Mountain, located in western Roanoke County, is the primary water source for much of the Roanoke Region. Water flows from Poor Mountain in all directions through surface run-off, creeks and small streams such as Bottom Creek, a Virginia Tier III stream used for recreational purposes and home to endangered species, and through underground aquifers throughout the mountain's karst topography. The Poor Mountain watershed is critical to supplying clean water to Roanoke County, and the Cities of Salem and Roanoke, and to rural areas of Montgomery and Henry Counties. 2. Poor Mountain, at 2938 feet in elevation, is the highest mountain to Roanoke County, and its peaks and ridges are easily visible from Salem, Roanoke, the Blue Ridge Parkway, Montgomery County, Floyd County, Henry County, Botetourt County, and it is on the ILS6 flight approach to Roanoke — Blacksburg Regional Airport. 3. Due to Poor Mountain's value as a primary watershed, its geography, vegetation and wildlife, vistas and recreational activities, including but not limited to Bottom 294 June 9, 2015 Creek Gorge, and considering Poor Mountain's natural beauty, the cumulative negative impacts of major construction as would occur with then building of the MVP over Poor Mountain is of great concern to us. 4. Although MVP may view the construction of the pipeline as presenting low potential for harm, the fact remains that we who live here perceive the potential for serious and long-term negative impacts to Poor Mountain and the surrounding Roanoke Valley as inevitable and unacceptable should construction proceed as planned. 5. Many sections of Poor Mountain exceed 50 degrees in slope. Environmental scientists have told us that disturbed soils will not adhere to grades of 50 degrees or greater, which could result in the long term sloughing off of disturbed soils and ground cover within the MVP's large construction corridor . Since Spring Hollow Reservoir and the Roanoke River are at the bottom of the north face of Poor Mountain, our water supply, and the many recreational activities associated with the beautiful Roanoke River would be at great risk. 6. Trenching and blasting across the Poor Mountain watershed could forever disrupt, block and reroute underground aquifers which supply the hundreds of springs and wells which are the only water sources for the many Roanoke citizens who live in the rural communities surrounding Poor Mountain. 7. The cumulative negative and irreversible impacts created by MVP's construction of the pipeline along the currently proposed route over Poor Mountain create conditions we believe are so potentially damaging to Poor Mountain and our community, they are unacceptable to us. We therefore urge MVP to develop an alternative route away from the Poor Mountain watershed. Additionally, we urge the FERC to direct MVP to alter its proposed route to avoid Poor Mountain in Roanoke County. Potential impacts to cultural resources: Potential Environmental Impact of the Mountain Valley Pipeline to Prehistoric Cultural Resources in the Roanoke River Floodplain 1 . The southern portion of Virginia has been occupied for at least 11,500 years and the Roanoke Valley and surrounding area are a rich source of prehistoric archaeological resources especially along the Roanoke River. 2. The Buzzard Rock (44RIN12), Thomas -Sawyer (44RN39), and Graham -White (44RN21) sites are notable examples in the Roanoke River floodplain of Late Woodland settlements (ca. A.D. 900 to 1700); with the latter two sites associated with European trade goods. 3. The proposed Mountain Valley Pipeline corridor is located south of the Thomas - Sawyer site, and the Virginia Department of Historic Resources (DHR) has conducted no archaeological surveys of the Roanoke River basin or its tributaries south of that site. Therefore, as yet undiscovered sites are not in the State Database. June 9, 2015 295 4. Salem DHR Archaeologist, Tom Klatka, estimates that there is a "high probability" of unearthing further evidence of Native American settlements wherever a pipeline corridor might intersect the floodplains of the Roanoke River or its forks. 5. Socially complex Mississippian sites (including temple mounds) have been identified in Southwest Virginia in Lee and Scott Counties, and currently a Paleolithic site is being excavated in the Smith Mountain Lake area. Investigating the extent and range of such occupations could potentially be a focus of future archaeological exploration along the Roanoke River as well as in the mountains (which were the source of lithic materials and game for thousands of years). 6. Many will say that the pipeline excavation will be an opportunity to make new discoveries, but this will be contingent upon careful, unrushed examination of the evidence by experts in this area's prehistory and artifact assemblages not by private out-of-state archaeological surveyors (hired by the pipeline company) who are unfamiliar with Virginia's prehistory—and perhaps in a rush to return to their homes. 7. DHR will be involved, but only in the capacity of reviewing the private surveyor's findings. "DHR will not make site visits," said Tom Klatka. 8. Due to the high likelihood of significant prehistoric sites, Phase III full-scale mitigation (with excavation) should be the anticipated level of archaeological investigation of sites along the Roanoke River – not just Phase I survey or Phase 11 test pits. Therefore, pipeline engineers must factor this into their schedules and not be assuming one to two year completion dates for the project. Information -rich archaeological features like burials, trash pits, ceramic kilns, and roasting hearths can be lost in one swipe of a bulldozer's blade. 9. The Roanoke River basin bears significant archeological resources that are both finite and fragile. Once disturbed, the history and its lessons are lost if they are not thoroughly investigated at the time that they are unearthed. Potential impacts to socioeconomics: 1 . In order to avoid steeper terrain and forest impacts, many sections of the corridor within Roanoke County pass through working farms. Many of these farms have been in single families for generations. 2. Temporary and permanent disruptions to these farming operations may have financial impacts for these families and threaten the continued viability of individual farms. 3. This appears to be a disparate impact on a select group of individuals who are primarily older and lower income than the community as a whole. Potential impacts to air quality and noise: 1. If Alternate 110 is selected it is presumed that there is a high likelihood of a compressor station being located in Roanoke County. If a compressor station is 296 June 9, 2015 even considered for Roanoke County we believe that the following issues would need to be carefully analyzed - a. A detailed noise analysis that takes into account both topography and tree cover should be performed. This analysis should consider both occupied dwellings and businesses as receptors as well as resource receptors such as the Appalachian Trail, Camp Roanoke, and the Roanoke River etc. as appropriate based on the location under consideration. b. Light pollution needs to be considered and analyzed. c. Emissions are a specific concern. The Roanoke Valley is essentially a bowl that can trap pollutants. The Roanoke Valley Metropolitan Area is a marginal air quality attainment area that was previously bordering on becoming a non -attainment area. While regional cooperation has helped to maintain attainment area status, additional emitters have the potential to change this. 2. Loss of gas either intentionally through "venting" or unintentionally through leakage is a significant concern. While this concern is most pronounced relative to any potential compressor station, leaking may also occur from the line itself, at valves, or other mechanical connection. 3. Noise impacts during construction area a concern. We would recommend that FERC apply Roanoke County's local noise ordinance to construction activities. Potential impacts to cumulative impacts: 1. There are at least three, if not more similar pipeline projects crossing Western Virginia under consideration today. They are the Mountain Valley Pipeline, The Atlantic Coast Pipeline and the Appalachian Connector Project. 2. FERC should require that a comprehensive study be made of the cumulative impact, and purpose and need of these three projects and any similar projects. Potential impacts to Public safety: 1 . The proposed route of the MVP pipeline, especially alternate 110 is largely located in portions of Roanoke County that are very remote from Fire and Rescue resources. While there are small outlying fire stations that may have reasonable response times to the pipeline, the bulk of the County's response resources are 30 — 45 minutes are farther from much of the proposed alignment. 2. Additional training and equipment along with associated ongoing funding will likely be required to prepare to respond to potential accidents and emergencies associated with the pipeline project. 3. We recommend that the applicant study potential Fire and Rescue impacts and provide required resources to mitigate these impacts. 4. Police resources are likely to be impacted during construction due to the presence of large numbers of temporary workers many of whom, according to MVP's filings, will reside in RVs or other temporary housing. 5. At the end of its useful or economic life, what is the plan for removal of the pipeline? A 42' pipe simply left in situ to rust will eventually create a sunken area June 9, 2015 297 4-5 feet deep where the pipe once existed. This is of particular concern in areas where blasting into bedrock was used as an installation method. This would present both public safety and water quality issues. 6. Several areas of the proposed pipeline are in flood plain areas. How will the pipeline be protected from fast moving mountain streams and rivers? How is related erosion controlled? What impact will construction have on existing water quality and quantity issues? Potential impacts to land use, recreation, and visual resources: 1 . The original route crosses Camp Roanoke which is a 700 acre outdoor experience camp operated by Roanoke County. This camp has been in operation since 1925 and elements of the camp may also qualify as historic resources. Recent MVP filings to FERC incorrectly state that the route does not pass through the camp. To the contrary the originally proposed alignment is a few feet away from the manager's cabin. According to MVP, the icon on a Google Earth map was used as the location of the camp which is at the location of the entrance road. This overlooks the fact that the camp is a 700 acre site with numerous features. The offset shown for the alternate alignment 135 is incorrect for the same reason. 2. Alternate 110 directly impacts multiple parcels of the Roanoke Valley Resource Authority which owns and operates the regional landfill at this location off of Bradshaw Road. Not only does alternate 110 cross future expansion area for the landfill, it also crosses the rail yard that is up to 5 tracks in width where trash trains to / from downtown Roanoke are assembled and disassembled. 3. The proposed crossing of the Blue Ridge Parkway is located in an area with prime, historical, farmland. Both the pipeline route itself, and its associated above ground facilities and access roadways will be built on land that within Roanoke County is largely covered by dense forest. Permanent removal of these trees will create visual scars that in many cases are visible for many miles. A comprehensive analysis of the impact of this tree removal should be made with particular emphasis on the Blue Ridge Parkway. 2. Resolution approving the execution of a contract among the Counties of Franklin, Henry and Roanoke and the Cities of Martinsville and Roanoke and The Interstate 73 Coalition, LLC for pursuit of construction of Interstate 73 in the Commonwealth of Virginia (Thomas C. Gates, County Administrator) Mr. Gates outlined the resolution to pursue funding for Interstate 73. Supervisor Moore indicated that she hoped the impact to the Clearbrook area will be looked at. Chairman Peters commented that he is in support. 298 June 9, 2015 RESOLUTION 060915-2 APPROVING THE EXECUTION OF A CONTRACT AMONG THE COUNTIES OF FRANKLIN, HENRY AND ROANOKE AND THE CITIES OF MARTINSVILLE AND ROANOKE AND THE INTERSTATE 73 COALITION, LLC FOR PURSUIT OF CONSTRUCTION OF INTERSTATE 73 IN THE COMMONWEALTH OF VIRGINIA WHEREAS, on October 12, 1993, November 22, 1994, and March 24, 1998, the Board adopted resolutions in support of the construction of the proposed Interstate 73 (1-73) north -south interstate connecting Detroit, Michigan to Charleston, South Carolina through the Roanoke Valley; and WHEREAS, on September 8, 1998, the Board of Supervisors of Roanoke County adopted Resolution 090898-1 which reaffirmed its support of the Interstate 581 (1-581) and Route 220 South corridor for the proposed 1-73- and WHEREAS, on December 5, 2000, the B�ard adopted Resolution 120500-2, which reaffirmed and amended Resolution 090898-1 supporting the 1-581 and Route 220 South corridor for 1-73 through the Roanoke Valley; and WHEREAS, the Commonwealth Transportation Board has previously selected alternative corridors, which generally follow Route 220, the proposed "Smart Highway," and Route 460 to the West Virginia state line west of Narrows as the location for the proposed 1-73 north -south interstate connecting Detroit, Michigan to Charleston, South Carolina- and �;HEREAS, 1-73 would link the nation's regions and support economic growth while also addressing safety concerns in south-western Virginia while providing an economic advantage to the Roanoke Valley; and WHEREAS, the Cities of Martinsville and Roanoke and Counties of Franklin, Henry and Roanoke have joined together to hire a consultant to assist them in advocating for Federal and State legislation and funding to construct 1-73. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . That the contract among the Counties of Franklin, Henry and Roanoke and the Cities of Martinsville and Roanoke and The Interstate 73 Coalition, LLC for pursuit of construction of Interstate 73 in the Commonwealth of Virginia be, and hereby is, approved for execution- and 2. That the County Administrator or his designee is hereby authorized to execute this contract on behalf of Roanoke County, upon such form as approved by the County Attorney. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None June 9, 2015 299 Chairman Peters apologized that he had forgotten to allow the citizens to speak on the Mountain Valley Pipeline. The following citizens spoke. Susan Worrell thanked Supervisor Church for his earlier comments- she lives in the Catawba Magisterial District. She is a resident of the beautiful Cat�wba Valley that Roanoke and Montgomery Counties share is being coveted by these Mountain Valley marauders as a chosen place for their 31,800 horse power compressor station. Her dad served our County in the United Stated Air Force and she wished he was here with us to tell the Board his thoughts on this extremely dangerous game of Russian Roulette that these Mountain Valley Pipeline are putting upon us. This is their first attempt ever of a construction of a pipeline and they have chosen one of this magnitude. They seem quite adept however in the fabrication of their pipeline. Our Catawba Valley they would forever steal from us. It is home to Spring Hollow Reservoir. Are they even aware there is an existing pipeline underneath the reservoir that is operated with no issues whatsoever? What will all the blasting and construction do to that pipeline? Do they even know that it is there? To her, this recklessness is akin to domestic terrorism. The unclenching thirst of this Mountain Valley "fracking" Pipeline and thieving licensed limited corporation has for the ruination of the Valley's drinking water. If her dad were here today, a former Air Force man, he would tell you that no matter what your pipeline is carrying, i.e. oil gasoline, diesel fuel, natural gas, what have you, concealment of the location of the pipelines is a key component to the safety of our troops abroad and is essential to the safety of our citizens at home. This Mountain Valley Pipeline seems to have a different kind of concealment on their agenda. There is no American need for this gas. This is only being proposed for corporate greed. This Mountain Valley "fracking" pipeline is a forty-two (42") high-pressure line purely for transmission. It will be destruction and nothing else. There will be a three hundred (300) mile path clear-cut of all overheard canopy for the one, two, three, four compressor stations and a clear-cut path one hundred and fifty (150) feet wide. This will be clearly visible from the Valley floor, from the air and it will be clearly visible from space and it will open us up and subject us to terrorism for something that want to take overseas. Finally, the MVP would maintain a seventy (70) foot wide permanent easement on our properties with twenty-four seven (24/7) access. They will be able to trespass on the property of the rightful owners of the land at any time they want. They can bush hog, spray their herbicide that they claim will not drift in the air and will contaminate our groundwater and they can come anytime they want to run some type of text and to monitor their pipeline on your property. They may use helicopters and unmanned drones, if they get FAA approval. She stated she thinks this is domestic terrorism. Randy Ughetta stated he would like to ask the Board to due diligence and look at this project both on the economic impact, how it matched to your economic development plans and whether or not it is an affordable process to interconnect to this particular pipeline. What value does it bring for the economic development of the area? 300 June 9, 2015 The second request to have an independent assessment of what the impact is for the tax base and be able to articulate that in an independent way so that we understand where we are. There will be devaluation in property. Does that offset what happens for the pipeline revenues? Will we be able to sustain that on a long-term basis versus the amount of time that the pipeline is being used? He would ask the Board to consider funding an independent assessment to guide the Board as it goes through the process. Jim Woltz stated that although he is a member of the Advisory Committee, he would like to share a couple of things. First, it was a good idea. He stated he thinks it gave them an opportunity to dig deeper into a lot of the facts. So, he is going to present just a few things that will help the Board as they go through and analyze the pro's and the con's for this and just share some observations about this. There has been a lot of information about the pipeline from the people about how great it is going to be. They talk about the job creations. He stated he thinks it is important that the Board understand they are boasting thousands of jobs, however, if you read deeper into their paperwork, they are saying that ninety percent (90%) are going to come from other parts of the County. We will end up with five or ten permanent jobs here and that is based on their own information. The economic boost is another political hot button. If you look a little deeper into that, it is a $500,000 connect fee, a $5 to $8 million transfer costs to make a transfer station. The person using it will use 2000 cubic feet per day and the pipeline will cost about $1 million a mile to move it to a place of use. Those are a few facts. The true need is something that we need to understand how they calculate. He was talking to Ruth Ellen Kuhnel earlier about asking how they calculate the true need for this gas. There are three more speakers he understands that are coming right behind him, so this might be your first dance, but you might have a couple more coming. We hope it is not just a measure to get it to the coast and he agrees that eminent domain is a somewhat of a concern. Here we have a private company that is making their application through FERC, but they are able to utilize FERC's eminent domain and they are using that to gain access for the pipeline. It is okay if it is domestic, but if just to ship it overseas, he thinks it is wrong to use eminent domain to move their product to the coast to sell it. He thinks right now they use flow meters, but there is some new technology coming. Another real important concern is the water quality; we have touched on it in certain statements that have been made about topography, etc. He stated he has lived forty-one years on Bent Mountain, He has about forty springs that flow off of his property. It is the watershed that goes to Franklin County, Roanoke County, Roanoke Valley, Smith Mountain Lake and well beyond. The blast could damage that and that is the big concern. It is not whether it comes through here, it is where it goes and if there is a better route to take that would protect those type of things. If you want to get a good idea of that carve -out looks like, the next time you are going from Roanoke to Christiansburg, look at the interstate width and that is not as wide as the corridor is going to be. The compression station has the same horse power as a 767 jet which has a 60,000 horse power engine. Stand behind one of those. Not to mention, the preservation of the environmental impact it might make. He was part of June 9, 2015 301 about 6,000 acres worth of conservation easement that have been placed on Bent Mountain and that area. The pipeline and the alternate go through more than 1,000 acres that he gifted, personally. Those are just some thoughts that might help you through the process. Betty Kelly stated she was back again, but did not bring her replica of the pipeline today. She stated she is from the Catawba Magisterial District and just wants to list several reasons to resist the MVP and thanked the Board for their efforts in this. This is a partial list. It will threaten our wells, streams, rivers, wetlands, soils and forests. While under construction, possible blasting could affect our wells and foundations. It will provide few permanent jobs. It will decrease property values, probably as much as she has read about thirty percent (30%). Neighbors of properties where the pipeline is constructed get no compensation or have much say in this process. She spoke with a landowner in Blacksburg that owns two hundred acres and most any of the routes suggested will now come in the middle of their land, but in order to get to their land, they have to use their neighbors' right-of-way. So a lot of problems right there. This will probably create 1,100 to 1,200 foot areas of total destruction. Fire and chemical leaks present dangers to our community. The light and noise will be twenty-four seven (24/7) from compressor stations and dangerous cancerous chemicals will be emitted into the air. People with COPD and asthma cannot live near it like her granddaughter or sister-in-law will not be able to visit because of all of the chemicals in the air. It is going to damage our local water, bridges and roads. It will delay people going to work. Maybe it will perk people up. It is going to destroy habitats and changes in land use after construction. A pipeline of this magnitude has never been done by EQT. She has researched it and over the last five years, they have had eighty environmental citations in Pennsylvania alone for the fracking corporation, which is the beginning process. Do we want a company like this come to our pristine County, she does not think so. She stated no local household access is allowed by the interstate pipelines, she has no knowledge of any local contracts for use of this and it sounds super expensive and not like something we want to tie into. Someone talked about the fire companies, our rural fire company could not handle a leak. It burns out, but what about all the homes and people in the area, which would be herself and her neighbors. Let's talk about the reasons to endorse the Mountain Valley Pipeline. (silence) Michael Mayo stated he is behind the eight -ball because everybody else has talked about what he wanted to talk about. He will be brief. He advised what he would like to start off with something that he is very proud of. He is a proud member of the Rotary Club in Salem, Virginia and thinks the four-way test that we go by speaks volumes to what we are talking about today and would like to read the test to the Board. This is a four-way test by Rotary International about the things we think, say or do. "First, is it the truth? Second, is it fair to all concerned? Third, will it build better friendships? Fourth, will it be beneficial to all concerned." The reason he referenced this is because he would like to talk about the economics behind this project and what has been printed so far. There have been several articles written and one that he is 302 June 9, 2015 offering is Anderson, as you well know, his editorial. There was the CEO of Roanoke Gas as covered by Aaron Martin of WSILS presented to the Kiwanis Club, the recent Chamber of Commerce announcement. There are a couple of common threads with these articles. One, they are all for and tout the benefits of a pipeline. Another is that there are no resources given as to where they obtained their information for the economic benefit, tax benefit, jobs, etc. What he did was to actually reach out to Aaron Martin of WSILS and he was nice enough to take his call and asked him if he knew the resources behind Mr. D'Orazio's information that he presented to the Kiwanis Club. He advised that he did not and there were no resources given in his presentation. With that being said, he decided to do a little research on his own. He looked at some things on the internet and found an article from the Monroe County newspaper of record, the Mountain Messenger. In that article, there is an article called "EQT, Waging a War of Misinformation." Basically it says in a nutshell that EQT and this particular project, MVP is going to bring in $1.7 million annually to Monroe County in tax revenue. When their County Tax Assessor looked into, it appears that it is only the pipe that can be taxed and they are looking at $8,000 to $9,000 annually at best and that would depreciate over a thirty-year period. With that being said, he also had a conversation with Shawn Posey of MVP, he is the Senior Project Manager. He openly admitted they would hire a company to do this work from out of town that was experienced, for safety reasons. There would be very little local jobs and the local asphalt companies would get some jobs here, but there would be few local jobs. So, he would ask that the Board, like Randy said earlier, please do not take the easy way out and go by what the pipeline company says and if you do it, we will live it, but at least you can sleep at night knowing that you did the research that you should have done for the citizens of Roanoke County. Chairman Peters commented that is why we are where we are because we are not getting any answers. 3. Resolution encouraging the political parties to choose an alternative method for selecting candidates for public office other than a primary election; waiving Roanoke County fees for use of public facilities for such alternative method (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the resolution, which is at the request of Supervisor McNamara. Supervisor McNamara commented this was a commonsense resolution. He stated he feels firehouse primaries are efficient and cost effective. He advised it does not make sense that we charge an organization of volunteers who are conducting a process that saves the taxpayer so much money; totally counterintuitive. He added it was a good resolution that makes sense. Supervisor Peters stated he understands from a local level, but how does it affect the election today. Supervisor McNamara stated he used as an example. June 9, 2015 303 Supervisor Bedrosian asked for clarification, but could today's election bypassed the primary. Mr. Mahoney responded in the negative stating there are situations that the candidate can request. Any Statewide office would not be effected, only local. Supervisor Church asked if there was a downside. Mr. Mahoney responded that he does not anticipate a downside; the only downside would be the lack of fees generated by the routine rental. Supervisor Bedrosian stated staff is not saying they cannot, but this is an incentive to choose an alternative. RESOLUTION 060915-3 ENCOURAGING THE POLITICAL PARTIES TO CHOOSE AN ALTERNATIVE METHOD FOR SELECTING CANDIDATES FOR PUBLIC OFFICE OTHER THAN A PRIMARY ELECTION; WAIVING COUNTY FEES FOR USE OF PUBLIC FACILITIES FOR SUCH ALTERNATIVE METHOD WHEREAS, primary elections impose significant local costs and expenses upon the County's taxpayers since Section 24.2-518 of the Code of Virginia requires the Treasurer of the County in which primary elections are held to pay the costs of primary elections- and W�EREAS, on May 12, 2015, the Board of Supervisors was required to transfer funds in the amount of $18,910 to pay for the Republican primary for the 17 th House District- and ��HEREAS, primary elections for local candidates from Democrat and Republican political parties are sparsely attended; and WHEREAS, encouraging the political parties to avoid holding primary elections would save public funds; and WHEREAS, Section 24.2-509 of the Code of Virginia authorizes the duly constituted authorities of the state political party shall have the right to determine the method by which a party nomination for an elected office shall be made. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . That Roanoke County would waive the fees that are imposed upon the political parties for the use of public facilities if all of the political parties agree to select their candidates through methods other than a local primary election. In addition, no State or Federal primary election would be held for this fee waiver to be applicable. 2. That Roanoke County would reimburse the local political parties for fees imposed upon the political parties for the use of Roanoke County public school facilities if all of the political parties agree to select their candidates through methods other than a local primary election. In addition, no State or Federal primary election would be held for this fee reimbursement to be applicable. This reimbursement shall be at the same facility rental charge applied uniformly to other rentals. 304 June 9, 2015 3. That the Deputy Clerk to the Board of Supervisors shall send a certified copy of this resolution to the Chairman of the Roanoke County Democrat and Republican parties. On motion of Supervisor McNamara to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None IN RE: FIRST READING OF ORDINANCES 1. Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the first reading of this ordinance Supervisor Bedrosian stated this is definitely something that sticks in his craw that the Board is voting for its own salary increase. Even though this is the first reading, he thinks it needs to be put out there that he thinks this is an appropriate. We need to find another way to do this. We have talked about how to do voting so we can save money and thinks it's a great idea. When we talk about salary increases, he asked Mr. Mahoney, we discussed at times how to do something different and one of the thoughts was to do a referendum. Let the voters decide, they are our bosses. We keep saying the voters are our bosses and then we give ourselves an increase in salary. He just does not understand. It is something that really gives us a bad name and it shouldn't. There's nothing wrong with having a salary increase if it is appropriate, but thinks there is something terribly wrong for the individuals that are going to get the salary increase to do it themselves. He is just going to go back. He asked for some research how many times it has been increased? Basically in the last fourteen (14) years, if we do it this year, the Board will have raised it ten (10) times. This is totally inappropriate. He stated that over those years, his calculations are that we raised it $4,500, from what it was back in 2002. He further added that the Board needs to find another way to do this. Let someone else, our bosses, give the Board a raise if they think it is deserved. Supervisor Church stated he thinks all of the Board are uncomfortable. He added that he does not understand what the outcome would be to give ourselves a raise. In his notes, he shows it would give him $16.82, gross, a paycheck and $12.60 net. He can do without it and would rather not be in this situation. Supervisor McNamara stated Supervisor Church made a very good point-, he would rather not be in this position of voting for our own raise and everyone on the June 9, 2015 305 Board is uncomfortable with that and he would say that is a very accurate statement. He does not personally view it as raising the rate for us; it does increase our pay by two point five percent (2 1/2%). We were hired to do a job and we knew what it cost. He hears the argument, but does not feel the argument is valid. There is change in price levels in the world. So, we were hired to do a job at a certain dollar amount that equated to dollar amount and that dollar amount changes with inflation, which is reflected in our employees pay and it seems logical to change the Board of Supervisors at those increments as well. But, the point he would make is that he does not see us making that decision for ourselves, we are making this decision for the citizens of Roanoke County. He is sure there are some out there saying that he is raising his pay and somehow it is for them. If the Board does not raise our pay this time, it will not make any difference probably as Supervisor Church alluded to in our quality of life as individual Board members. It will not change anything he does, nothing. We don't need to give ourselves a raise for next year and then it might be another $12 to $17, but it won't make any difference to what we do. But, over time it will make a difference and that difference is going to impact our citizens negatively because he thinks the General Assembly is a good example. Some may argue that the General Assembly is perfect and some may argue that it is not perfect, however, he will argue that the General Assembly has not increased their pay in thirty (30) years and they are not going to increase it this year and they are probably not going to increase it next year. He may be wrong with the number of years, but it has been a long, long time. What was $20,000 twenty to thirty years ago is a third of what is was then and will be half of that in ten or fifteen years. So, you are going to get to a position where whether we like it or not, like McClellan who wrote a book on human motivation. Humans are motivated by power, prestige or money or some combination thereof, accept for the Board who are motivated by taking care of our citizens and doing the right thing and being good people, but the people after us may follow McClellan. Once you take all the money away from those positions, you are left with power and prestige and he wants Board members to make money. He wants the General Assembly to make quite a bit more money than they make. They are very excellent people committed to the common good, but you almost have to be a lawyer so you have partners taking care of you and from a pure financial standpoint, you are one hundred percent (100%) motivated by power and prestige the only way it makes any sense from a financial perspective is you are getting something on the backside, whether it is fifteen to twenty (15 to 20) years of VRS that you can now turn into a full-time job, a judgeship or some other activity that makes sense. If we don't approve this increase this year, we won't approve it next year and we will start ourselves down the path and thinks it is a very bad path. He is not voting for this for himself, but for the citizens of Roanoke County. Supervisor Moore stated she would like to echo Mr. McNamara's comments. She has read in the paper on those officials voting to give themselves a thirty to fifty percent (30 to 40%) raise because they have not done it in small percentages year after year or every two years. She looks into the future and looks for 306 June 9, 2015 a viable candidate for Roanoke County to work for our citizens and at a local pay increase slowly rather than wait until we have to increase something really large later on just to get viable candidates to represent our citizens. Supervisor McNamara'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, Church, McNamara, Peters NAYS- Supervisors Bedrosian, Church 2. Ordinance to approve Amendment No. 1 to an intergovernmental agreement for the Workforce Investment Area III Chief Local Elected Officials Charter Agreement (Thomas C. Gates, County Administrator; Jake Gilmer, Director of Partnerships and Development, Roanoke Valley -Allegheny Regional Commission) Mr. Gates gave a brief overview and introduced Mr. Gilmer who advised he is also Acting Director of the Workforce Development Board. He explained the chief local elected officials is a group, which designates City and County managers to serve on. Their role is to guide them and provide oversight of the workforce investments we are making in the region. The Workforce Development Board has over $1 million of federal funding to provide workforce training services in our region. Supervisor Bedrosian asked for clarification what does $1 million coming into this area for workforce development mean. Mr. Gilmer advised that as part of the Opportunity Act, Congress designates dollars to go to the States. It is flow-through dollars that comes through a State agency. The Governor of each state is designated as the workforce Chairman for that state for those funds. Supervisor McNamara asked where does the funding come from with Mr. Gilmer advising it comes from the Department of Labor (federal government). Supervisor McNamara encourages everyone to be very diligent in monitoring what we are pushing so that we can maximize the benefit. 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, Church, McNamara, Peters NAYS- None 3. Ordinance authorizing the vacation of an existing twelve foot (12') public utility easement located along the side property line on the property of James Barry Echols (lot 29) and Richard G. June 9, 2015 307 and Shelia B. Huffman (lot 30), block 11, section 3 of Beverly Heights North (plat book 8, page 16) tax map numbers 044.03- 03-41.00-0000 and 044.03-03-42.00-0000), Catawba Magisterial District (Tarek Moneir, Deputy Director of Development) Mr. Moneir outlined the ordinance advising it was a vacation of a utility easement. There was no discussion. Supervisor Church'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, Church, McNamara, Peters NAYS- None IN RE: SECOND 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 advised there were no changes from the first reading. She further advised she would update the Board with a report upon finalization. ORDINANCE 060915-4 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 The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is advisable (i) to refund all or a portion of the Economic Development Authority of the County of Roanoke, Virginia's $58,595,000 Lease Revenue Bonds (Public Facility Projects), Series 2008, issued on March 27, 2008 (the "Series 2008 Bonds") for the purpose of financing certain facilities for the County consisting of the acquisition, construction, furnishing and equipping of various capital projects including a library, a recreation center, a fire -station, a fleet maintenance facility and radio equipment and (ii) to obtain financing to refund all or a portion of the 308 June 9, 2015 Series 2008 Bonds through lease revenue refunding bonds (the "Bonds") to be issued by the Economic Development Authority of the County of Roanoke, Virginia (the "Authority"). The Bonds will be payable solely from the revenues derived from the Financing Lease dated as of March 1, 2008 (the "Financing Lease"), as amended by the First Amendment to Financing Lease, between the Authority to the County (the "Amendment to Financing Lease") pursuant to which the County will agree to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the outstanding Series 2008 Bonds and the Bonds. The Bonds will be issued pursuant to the following documents- (i) a First Supplemental Indenture of Trust between the Authority and U.S. Bank National Association, as successor trustee (the "Trustee"), with the form of the Bonds attached thereto, supplementing an Indenture of Trust dated as of March 1, 2008 between the Authority and the Trustee- (ii) the First Amendment to Lease between the County and the Authority amending & Lease dated as of March 1, 2008, between the County and the Authority- (iii) the Amendment to Financing Lease- (iv) a Modification Agreement among the A�thority, the Trustee and certain substitute �Ieed of trust trustees amending (1) the Leasehold Deed of Trust and Security Agreement dated as of March 1, 2008, between the Authority and certain deed of trust trustees and (2) the Assignment of Rents and Leases dated as of March 1, 2008, between the Authority and the Trustee, both securing the Series 2008 Bonds; (v) a Preliminary Official Statement (the "Preliminary Official Statement") and an Official Statement (the "Official Statement") with respect to the issuance and sale of the Bonds; (vi) a Bond Purchase Agreement (the "Bond Purchase Agreement"), among the County, the Authority and an underwriter or a group of underwriters selected by the County as described below; and (vii) an Escrow Agreement between the Authority, the County and the Trustee, as escrow agent. All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Ordinance as the "Basic Documents." The first reading of this ordinance was held on May 26, 2015 and the second reading of this ordinance was held on June 9, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA - 1 . Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum aggregate principal amount of $45,000,000 in one or more series at one time or from time to time as may be requested by the County's Chairman of the Board of Supervisors, the County Administrator or the Director of Finance (each, an "Authorized Representative") for the purpose of refunding all or a portion of the Series 2008 Bonds and financing costs of issuing the Bonds. The principal of, premium, if any, and interest on the Bonds shall be paid from revenues derived from payments made by the County pursuant to the Financing Lease, as amended by the Amendment to Financing Lease. June 9, 2015 309 2. Authorization of Basic Documents. The execution and delivery of and the performance by the County of its obligations under the Basic Documents to which the County is a party are authorized. The Basic Documents to which the County is a party shall be in such forms and contain such provisions as the County Administrator or the Director of Finance, or his or her designee, shall approve, such approval to be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. 3. Execution of Basic Documents. The Authorized Representatives, or any of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, the County Administrator and the Clerk of the County Board are authorized and directed to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Ordinance or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Sale of Bonds. The Authorized Representatives are hereby authorized and directed to (i) select an underwriter or group of underwriters to underwrite (the "Underwriter") the sale of the Bonds, (ii) consent to the terms of the sale of the Bonds by the Authority to the Underwriter and (iii) execute and deliver the Bond Purchase Agreement, provided that (1) the aggregate principal amount of the Bonds shall not exceed the amount set forth in paragraph 1, (2) the refunding achieves an aggregate net present value debt service savings of not less than 3% of the refunded principal amount, (3) the sale price of the Bonds to the Underwriter shall not be less than 98% of the aggregate principal amount thereof (not taking into account any original issue discount) and (4) the final maturity of the Bonds shall not be later than the final fiscal year in which the Refunded Bonds (as hereinafter defined ) mature. The approval of such Authorized Representatives shall be evidenced conclusively by the executive and delivery of the Bond Purchase Agreement. 5. Refunded Bonds. The Authorized Representatives are hereby authorized and directed to select the Series 2008 Bonds to be refunded (the "Refunded Bonds") and to cause the refunding of the Refunded Bonds pursuant to the terms of the Series 2008 Bonds and the documents securing the Series 2008 Bonds. 6. Disclosure Documents. The Authorized Representatives and such other officers and agents either Authorized Representative may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate Preliminary Official Statement and Official Statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The Preliminary Official Statement, Official Statement or other documents shall be published in such publications and distributed in such manner, including by electronic distribution, and at 310 June 9, 2015 such times as the Authorized Representatives shall determine. The Authorized Representatives and such other officer or agent either Authorized Representative may designate, are hereby authorized to deem the Preliminary Official Statement "final" for purposes of Securities Exchange Commission Rule 15c2-12. 7. Costs and Expenses. All costs and expenses in connection with the undertaking of the refinancing of the County's obligations under the Financing Lease, the refunding of the Refunded Bonds and the issuance of the Bonds, including the Authority's fees and expenses and the fees and expenses of bond counsel and counsel for the Authority, shall be paid from the proceeds of the Bonds, or other legally available funds of the County. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the County from its legally available funds and that the Authority shall have no responsibility therefor. 8. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease, as amended by the Amendment to Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board of Supervisors for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease, as amended by the Amendment to Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this Ordinance shall be subject to and dependent upon annual appropriations being made from time to time by the Board of Supervisors for such purpose. Nothing in this Ordinance, the Bonds, the Financing Lease or the Amendment to Financing Lease shall constitute a pledge of the full faith and credit of the County. 9. Tax Covenants. The Authorized Representatives are hereby authorized and directed to execute and deliver simultaneously with the issuance of any series of Bonds the interest on which is intended to be excludable from gross income for federal income tax purposes a tax certificate or agreement, or both (collectively, the "Tax Agreement") setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The proceeds from the issuance and sale of any such series of the Bonds will be invested and expended as set forth in the Tax Agreement and that the County will comply with the other covenants and representations contained in it. 10. Further Actions. (a) The Authorized Representatives and such other officers and agents either Authorized Representative may designate are hereby authorized and directed to take further action as each deems necessary or appropriate regarding the issuance, credit enhancement and sale of the Bonds and the refunding of the Refunded Bonds, including, without limitation, (i) purchasing of one or more credit June 9, 2015 311 enhancements for any series of Bonds if market or other conditions so warrant, (ii) entering into supply arrangements relating to the investment of the proceeds of any series of Bonds, (iii) applying for CUSIP identification numbers and the execution and delivery of replacement bonds in connection with any partial refunding of the Series 2008 Bonds, and (iv) selecting a verification agent and escrow agent in connection with any series of Bonds. (b) All actions taken by officers and agents of the County in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. The officers and agents of the County are hereby authorized and directed to take such further actions as each deems necessary regarding the issuance and sale of any series of Bonds and all actions taken by such officers and agents in connection with the issuance and sale of any series of Bonds are hereby ratified and confirmed. 11. Exercise of Discretion and Authorizations. Any authorization of an officer of the County under this Ordinance entitles such officer to exercise his or her discretion in taking action on behalf of the County, unless expressly provided otherwise. For any authorization of the Authorized Representatives, it shall be sufficient that either Authorized Representative act in order to bind the County. The authorizations granted in this Ordinance to the County Administrator, the Director of Finance or the Clerk of the Board of Supervisors, or any combination of the foregoing, may be carried out by any Acting or Assistant County Administrator (with respect to authorizations granted to the County Administrator), Acting or Assistant Director of Finance (with respect to authorizations granted to the Director of Finance) and any Deputy or Assistant Clerk (with respect to authorizations granted to the Clerk of the Board of Supervisors), in the absence of the primary officer. 12. Effective Date. This Ordinance shall take effect immediately. On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYES- None IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution approving the Secondary Roads System Six -Year Improvement Plan for fiscal years 2016 through 2021, and the Construction Priority List and Estimated Allocations for fiscal year 2016 (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the resolution. Mr. Thompson went through the projects covered under this improvement Plan. Chairman Peters opened and closed the public hearing with no citizen to speak on this matter. 312 June 9, 2015 There was no discussion. RESOLUTION 060915-5 APPROVING THE SECONDARY SIX- YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2016 THROUGH 2021 AND THE CONSTRUCTION PRIORITY LIST AND ESTIMATED ALLOCATIONS FOR FISCAL YEAR 2016 WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provides the opportunity for Roanoke County to work with the Virginia Department of Transportation in developing a Secondary Six -Year Road Improvement Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of the Secondary Six -Year Road Improvement Plan, in accordance with Virginia Department of Transportation policies and procedures; and WHEREAS, a public hearing which was duly advertised on the proposed Secondary Six -Year Improvement Plan for fiscal years 2016-2021 and Construction Priority List and Estimated Allocations for fiscal year 2016 was held on June 9, 2015, to receive comments and recommendations on Roanoke County's Secondary Six -Year Road Improvement Plan for fiscal years 2016-2021 as well as the Construction Priority List and Estimated Allocations for fiscal year 2016; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve the Secondary Six -Year Road Improvement Plan for Roanoke County for fiscal years 2016-2021 -7 BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby approve the Construction Priority List and Estimated Allocations for fiscal year 2016; BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Roanoke County Secondary Six - Year Road Improvement Plan for fiscal years 2016-2021 by the Deputy Clerk to the Board. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None June 9, 2015 313 IN RE: CONSENT AGENDA RESOLUTION 0605015-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - That the certain section of the agenda of the Board of Supervisors for June 9, 2015, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows - 1 . Approval of minutes — May 12, 2015 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Linda Bolen, Records Technician 11, upon her retirement after more than thirty-three (33) years of service 3. Request to approve the Fiscal Agent Agreement with the Regional Center for Animal Control and Protection 4. Confirmation of appointment to the Board of Zoning Appeals (appointed by District) On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None RESOLUTION 060915-6.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA BOLEN, RECORDS TECHNICIAN 11, UPON HER RETIREMENT AFTER MORE THAN THIRTY-THREE (33) YEARS OF SERVICE WHEREAS, Linda Bolen was employed by Roanoke County on November 23, 1981 and has served as Data Entry Operator, Police Records Clerk, Records Technician I and Records Technician 11 during her tenure-- and WHEREAS, Ms. Bolen retired on June 1, 2015, �fter thirty-three (33) years and six (6) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Bolen throughout her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and 314 June 9, 2015 WHEREAS, throughout Ms. Bolen's career with Roanoke County, she was an active party and witness to the expansion and growth of the Police Department. Ms. Bolen experienced the transition from Sheriff's Office to Police Department. With the expansion and progression of the Department, she also experienced the technology changes throughout the years that greatly affected her duties as a Records Technician. Ms. Bolen was able to adapt to the changes in technology as well as the increase in the number of officers. Ms. Bolen was widely respected by her co-workers in the Records Unit as well as by officers and supervisors of the Department. Ms. Bolen, while maintaining a high level of professionalism and job knowledge, was always quick witted and humorous in her interactions. This attitude made her easily approachable for all Department personnel. Ms. Bolen's personality, attitude, job knowledge and never ceasing smile will be missed in the Roanoke County Police Department. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to LINDA BOLEN for more than thirty-three (33) years of capable, loyal and dedicated service to Roanoke County- and FURTHER, the Board of Supervisors do�s express its best wishes for a happy and productive retirement. On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS- None A -060915-6.b A -060915-6.c IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote- AYES- Supervisors Moore, Bedrosian, Church, McNamara Peters NAYS- None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt At 5-42 p.m. Chairman Peters recessed to the fourth floor for work sessions. June 9, 2015 315 IN RE: WORK SESSIONS 1. Work session to discuss the Western Virginia Regional Industrial Facility Authority Site Study Results (Beth Doughty, Executive Director, Roanoke Regional Partnership) Beth Doughty provided the Board and staff with a PowerPoint presentation, a copy of which is on file in the office of the Clerk to the Board. This work session was held from 6-28 p.m. until 7-02 p.m. 2. Work session to discuss Roanoke County's Legislative Program and preparation for the 2016 session of the Virginia General Assembly (Paul M. Mahoney, County Attorney) Mr. Mahoney discussed the 2015 Legislative Program and discussed BPOL, highway funding, Department of Social Services, legal ad requirements, enforcement concerning weeds, workforce training and that board member salaries was removed. For 2016, discussion ensued concerning voting machines, highway funding - revenue sharing, financial disclosure statements, CDA's, the flexibility at local level to raise taxes and fees (tobacco products), local taxing authority, holding public hearing in locality not just letter to property owners, body cameras, DEQ not overlooking the pipeline installation, but will audit localities with regard to stormwater. Mr. Gates noted a future work session would be held concerning changes that need to be made regarding stormwater and erosion. Mr. Mahoney indicated he would start discussion with Eldon James late in June or early July. Supervisor Moore asked requested the BPOL be changed to a base fee versus what we currently have as small businesses are suffering. The work session was held from 7-02 p.m. until 7-34 p.m. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church stated he wanted to say publically to those at home and the County employees that we have some really great people in Roanoke County. With the situation with his little buddy and Virginia Tech hospital giving him thirty (30) days to live and he has received a huge outpouring of support of the County employees- thank you. He has gotten a lot of phone calls and a lot of cards. It means a lot when y�u are losing a "family member" that has been given thirty (30) days. It has been tough since he has never been sick a day in his life. Thank you. Supervisor Moore thanked Jacob Stritsky for attending the Board meeting today as he is working on his Eagle Scout recognition. We enjoyed having him. Supervisor Bedrosian stated we talked about two very important things. 316 June 9, 2015 One was the pipeline issue and that always brings out a lot of people which is great. The discussions were good today. I'm kind of going back on the track of finding our concerns and presenting concerns for FERC to answer. Maybe, there are some resolutions to some of the issues we have out there. He stated he appreciates that. Sometimes, he looks at this and we always look at the negative on these things and would assume all over the country, looking at maps of pipelines all over the country, we do this all over the country because it's one of the most efficient ways to move product, whether oil or gas or whatever from one location to the other. It is tough when it's in their area because no one wants it in their area and he understands that too. We have a little battle there because we don't want it in our area or we don't want it the way they are looking to do it. He appreciates the discussion. He is on the outside and hesitant to be in total opposition to it until he learns the facts and learn answers to all the questions he has, but appreciates the conversation. The other is, the pay raise. He did not get a chance to mention when the Board was talking about it. He keeps bringing up the fact that we should not be voting for our own pay raise. All of the answers that he hears on the Board does not address that question. They talk about how small it is, if we don't do it the guy thirty (30) years from now when everybody else is making $300,000 is going to make $15,000 or $17,000. That is not the issue he is bringing up. The issue he is bringing up is whether we should be voting for our own pay raises. He had thought when he first came on the Board that we should be doing it as a referendum. Let the people of Roanoke County vote and let them see that we make $17,000. What is the big deal? If they think that's too much, they won't give us a raise. If they think we are doing a good job we deserve it, they will give us a raise. It's not an issue of the money. It is the issue of should "we"? Unless you are the owner of a company, you are not going to be giving yourself a raise. So, that means we are saying we own Roanoke County because we will dictate that we should get a raise and he thinks that is really wrong and really gives a bad impression to people. Again, it is not the fact that we shouldn't get a raise, it is who should be doing it. He is stating we should get a system in place, a referendum would be a good one, and let the people decide to give us a raise, which would be great. Chairman Peters thanked Doug Blount, who is not with us today but he wanted to thank him on his efforts of the school surplus that we've had such an issue with the latter part of last year. It is moving very nicely and that building is being cleared out at a rapid pace. He has been very pleased to see that. Also, he wants to mention that Explore Park is in the news a lot. He has had a lot of people approach him and tell him what a great area that is and he is looking forward to seeing it take shape over the next few years. If you're one of the people waiting for Chick-fil-A on Rt. 460, it's coming on June 25. Last week, Roanoke County graduated their class of 2015, he wants to congratulate all the students who graduated. Now they are either heading to the real world or to school, or they are at the beach right now. We hope they all get home safely. The last thing he wants to talk about, my wife is a realtor and sometimes it's fun to look over her shoulder because without doing that he would not learn half of the stuff. He June 9, 2015 317 stated he would like to comment on some things he copied off of her computer. First, he was amazed the awards that Roanoke is getting. The first was the top market for starting a business. Roanoke was ranked among top markets for starting a new business. It was ranked 22nd out of 183 metro markets considered. Roanoke was the top market in the Commonwealth of Virginia. Roanoke was also named top 10 US mountain biking destinations. The Roanoke region was 3rd on the list of mountain weekend getaways. Roanoke was named top job market in Virginia. They ranked 7th in the recent ranking of 100 largest job markets in the southern US. Three other cities appeared in the top 20; Richmond was number fourteen, Danville was 17th. They analyzed the hiring demand trends and determined the cities had emerged as leaders in terms of hiring demand in the first quarter of 2015. We also ranked best vacation towns to live in year-round. The only other southern town was Greenville, South Carolina. The last one was we were in the top 10 of the affordable retirement areas. The selections came from Kiplinger. They placed emphasis on regional price tags for two of the biggest retirement budget busters, health care and housing. They also looked at state's tax burden on retirees. He brings that up because we spend so much time talking about taxes and burdens and we spend very little time talking about this is a great place to live. He thought it was very interesting that other people are noticing. We are getting good recognition. His last comment is again to our employees and the County. He commended them for doing a wonderful job for us. Without you, we would not go far. IN RE: ADJOURNMENT Chairman Peters adjourned the meeting at 7:35 p.m. Submitted by: Approved by: borah C. a k P. Jas 4Peters 1tv C Deputy Clerk t e Board Chairman �Vmlrol NALO-1 June 9, 2015 PAGE LEFT BLANK INTENTIONALLY