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HomeMy WebLinkAbout11/10/2015 - Regular November 10, 2015 515 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the second Tuesday and the only regularly scheduled meeting of the month of November 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 Tim Wright of Evangel Foursquare Church. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Peters called the meeting to order at 3:02 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. Mahoney, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation recognizing November 2015 as National Adoption Month and November 21, 2015, as National Adoption Day in the County of Roanoke(Patience O’Brien, Assistant Director of Social Services) November 10, 2015 516 Ms. O’Brian introduced Shannon Brabham, Family Service Specialist. The proclamation was read by the Clerk. Each Supervisor offered their thanks. 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to William J. Matze, Police Officer – Sergeant, upon his retirement after more than eighteen (18) years of service (Howard B. Hall, Chief of Police) The Clerk read the resolution. All Supervisors offered their thanks. RESOLUTION 111015-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO WILLIAM J. MATZE, POLICE OFFICER – SERGEANT, UPON HIS RETIREMENT AFTER MORE THAN EIGHTEEN (18) YEARS OF SERVICE WHEREAS, William J. Matze was employed by Roanoke County on August 11, 1997, and has served as a Police Officer and Police Officer-Sergeant during his tenure with the Police Department; and WHEREAS, Mr. Matze retired on November 1, 2015, after eighteen (18) years and three (3) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Mr. Matze, throughout his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, during Mr. Matze’s time serving the citizens of Roanoke County, he was a volunteer with the Cave Spring Fire and Rescue prior to serving his country by becoming a Marine. Afterwards he began his career as a Deputy Sheriff with Roanoke City. He again began serving the citizens of Roanoke County in August of 1997 where he had an exemplary career prior to retiring on November 1, 2015. Mr. Matze became a dedicated leader and supervisor of different sections of the Police Department to include the first commander of the Honor Guard and Academy Cadre. He served as the commander of the SWAT Team, supervised patrol officers, and completed his last assignment as a Sergeant of the Special Operations Division. During his tenure, he received numerous awards and accolades with his most recent the 2012 Law Enforcement Hero award presented by the American Red Cross. His service to the public will not be lost as Mr. Matze will return to his duties in the Marine Corps. WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the WILLIAM J. MATZE appreciation of the citizens of Roanoke County to for more than eighteen (18) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. November 10, 2015 517 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None 3. Recognition of Sgt. Timothy L. Wyatt, recipient of the 2015 J. Stannard Baker Award (Howard B. Hall, Chief of Police) Outstanding contribution to highway safety. Recognition was given. All Supervisors offered their congratulations and thanks. 4. Recognition of the Police Department for traffic safety awards (Howard B. Hall, Chief of Police) Mr. Steve Williams from the Virginia Department of Motor Vehicles- Highway Safety Office presented the Police Department with two (2) Click It or Ticket Awards from the 2015. Officer Wyatt and Assistant Chief Mason were in attendance to accept the awards. Supervisor Moore and Chairman Peters thanked Chief Hall for everything they do to keep Roanoke County safe. IN RE: BRIEFINGS 1. Briefing to update the Board of Supervisors on the status of the Mountain Valley Pipeline (MVP) (Richard L. Caywood, Assistant County Administrator) Max Beyer and Steve Hanes, both members of the MVP Committee were in the audience. Mr. Caywood provided the briefing and provided a map, which Mr. Caywood advised would be published on the website tomorrow. He indicated that the County Attorney’s office has hired outside consulting attorney for this project in filing as in intervener Supervisor Church thanked Mr. Caywood and the committee members. Supervisor McNamara asked if an update of the Governor’s response to our resolution has been received with Mr. Caywood responding in the negative. Supervisor Bedrosian asked about the Roanoke Gas and does their partnership change the scope of the project. Roanoke Gas has purchased a 1% partnership which will give increased capacity. Mr. Caywood responded that he does not have any firm information at this point. Supervisor Bedrosian then asked about the November 10, 2015 518 size of access roads, with Mr. Caywood responding a permanent fifty (50) foot wide and seventy-five (75) feet of right-of-way. Access road would be to get them in and out and build. He indicated some would be temporary, but the bulk would be permanent. 2. Briefing to update the Board of Supervisors on utilization of new technology to improve public service (David Wray, GIS Manager): a. Economic Development Site Selection Application (Jill Loope, Director of Economic Development) b. Neighborhood Concern Application (John Murphy, Zoning Administrator) c. E-911 Texting Capability (Bill Hunter, Director of Communications and Information Technology) All briefings were given. IN RE: NEW BUSINESS 1. Request to accept audited financial results for the fiscal year ended June 30, 2015(Rebecca Owens, Director of Finance; Rob Churchman, Partner, Cherry Bekaert) A-111015-2 Ms. Owens read from the Board Report. She introduced Donald Deeds and Rob Churchman, Partners from Cherry Bekaert and advised an Audit Committee Meeting was held earlier at 1:00 pm. Rob Churchman gave a PowerPoint presentation that is on file in the office of the Clerk to the Board. On motion of Supervisor Moore to approve the staff recommendation to accept the audited financial results, the motion carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None 2. Request to use $155,424.24 from the Police Department’s Equitable Sharing Asset Forfeiture Account for the purchase of a mobile command center (Howard Hall, Chief of Police; Stephen Simon, Chief of Fire and Rescue) A-111015-3 November 10, 2015 519 Chief Hall outlined the request. Supervisor Church asked Chief Hall to explain the Equitable Sharing Asset Forfeiture Account. Chief Hall explained under federal forfeiture in cases, eighty percent (80%) is returned to locality. There are guidelines for what you can and cannot use the funds for. On motion of Supervisor Moore to approve the staff recommendation to use $155,424.24 from the Asset Forfeiture Account to purchase a mobile command center, the motion carried by the following roll call and recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None 3. Resolution requesting the United Way of the Roanoke Valley to cease its financial support for Planned Parenthood Health Systems in Roanoke, Virginia(Paul M. Mahoney, County Attorney) Mr. Mahoney explained this resolution was requested by Supervisor Bedrosian. Mr. McNamara moved to lay the resolution on the table. There was no discussion. The motion carried by the following roll call and recorded vote: AYES: Supervisors, Moore, McNamara, Peters NAYS: Supervisors Bedrosian, Church 4. Resolution authorizing staff to file as an “Intervenor” with the Federal Energy Regulatory Commission in the Mountain Valley Pipeline project proceedings (Richard L. Caywood, Assistant County Administrator; Ruth Ellen Kuhnel, Senior Assistant County Attorney) Mr. Caywood outlined the resolution. There was no discussion. RESOLUTION 111015-4 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING ROANOKE COUNTY STAFF TO FILE THE NECESSARY MOTION TO INTERVENE WITH THE FEDERAL ENERGY REGULATORY COMMISSION IN THE MOUNTAIN VALLEY PIPELINE PROCEEDINGS WHEREAS, on October 23, 2015, Mountain Valley Pipeline, LLC (MVP) submitted its filing, which seeks a certificate of public convenience and necessity with November 10, 2015 520 the Federal Energy Regulatory Commission (FERC) to operate and construct the Mountain Valley Pipeline; and WHEREAS, this filing included 8.3 miles within Roanoke County, as well as other neighboring counties; and WHEREAS, on November 5, 2015, FERC issued its “Notice of Applications” for the MVP project; and WHEREAS, this Notice established November 27, 2015, as the deadline for interested parties to file as an Intervenor in the process; and WHEREAS, Roanoke County staff has considered the benefits and costs of filing a Motion to Intervene in FERC’s proceedings, after consultation with the Pipeline Advisory Committee, previous Board representations and outside legal counsel. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, that: 1. Roanoke County (County) staff has the authority to file the necessary Motion to Intervene to ensure the County’s legal status as a party to the FERC proceedings regarding the Mountain Valley Pipeline project; and 2. That such Motion shall contain, among other things, the County’s position regarding its concerns about potentially significant environmental impacts; and 3. That the County seeks the most expansive environmental analysis which the process affords to ensure the protection of resources with Roanoke County; and 4. That the County shall utilize its legal status as Intervenor to evaluate and maximize all recourses available for all FERC decisions; and 5. That staff is authorized to spend up to $15,000 from the Board Contingency Fund for both necessary filings and outside consultation to achieve the legal status as Intervenor. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. State Central Bank to amend the proffered conditions and Planning and Design documents for Loblolly Mill. The Loblolly Mill Planned Residential Development is located on Sterling Road and is approximately 104.4 acres in size, Vinton Magisterial District November 10, 2015 521 Supervisor Peters’ motion to approve the first reading and to establish the second reading for December 8, 2015, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance to accept the conveyance of unimproved real estate, drainage easements, and quitclaims of right, title and interest in and to property known as Harmony Lane to the Board of Supervisors for the improvement of Harmony Lane and to authorize the addition thereof to the state secondary system of highways, Windsor Hills Magisterial District (David Holladay, Planning Administrator) Mr. Holladay outlined the ordinance. There was no discussion. Supervisor McNamara’s motion to approve first reading and set the second reading and public hearing for December 8, 2015, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None 2. Ordinance repealing Ordinance 121989-13 and adopting a new ordinance requiring the filing of a Disclosure Statement of Economic Interests and other specified information pursuant to Section 2.2-3115.A of the Code of Virginia (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the ordinance. There was no discussion. Supervisor Peters’ motion to approve first reading and set the second reading for December 8, 2015, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None November 10, 2015 522 IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $61,200 to the Roanoke County Public Schools from the Virginia Department of Education’s 2015 School Security Equipment Grant for replacement of the Intercom/Clock System at William Byrd Middle School (Rebecca Owens, Director of Finance) Ms. Owens advised there were no changes from the first reading. There was no discussion. ORDINANCE 111015-5 ACCEPTING AND APPROPRIATING FUNDS TOTALING $61,200 TO THE ROANOKE COUNTY PUBLIC SCHOOLS FROM THE VIRGINIA DEPARTMENT OF EDUCATION’S 2015 SCHOOL SECURITY EQUIPMENT GRANT FOR REPLACEMENT OF THE INTERCOM/CLOCK SYSTEM AT WILLIAM BYRD MIDDLE SCHOOL WHEREAS, the Virginia Department of Education awarded the Roanoke County Public Schools a grant in the amount of $61,200 for the 2015 School Security Equipment Grant; and WHEREAS, the Roanoke County Public Schools will allocate $53,609.20 from the School Board Minor Capital Reserve to fund the grant match and remaining project costs; and WHEREAS, the sum of $114,806.20 will be to fund the intercom/clock system replacement at William Byrd Middle School; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on October 27, 2015, and the second reading was held on November 10, 2015. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $61,200 is hereby appropriated to the Roanoke County Public Schools; and 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Peters to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None November 10, 2015 523 2. Ordinance accepting and appropriating $42,518.50 from the Virginia Department of Transportation (VDOT) for the purpose of locally administering the improvement of the drainage system at Tanglewood Drive and Hummingbird Lane, Cave Spring Magisterial District (Tarek Moneir, Deputy Director of Development) Mr. Moneir advised there were no changes from the first reading. There was no discussion. ORDINANCE 111015-6 ACCEPTING AND APPROPRIATING $42,518.50 FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR THE PURPOSE OF LOCALLY ADMINISTERING THE IMPROVEMENT OF THE DRAINAGE SYSTEM AT TANGLEWOOD DRIVE AND HUMMINGBIRD LANE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, on March 8, 2014, the Tanglewood Drive/Hummingbird Lane drainage improvement project was initially bid, but due to insufficient funds the project was removed; and WHEREAS, on October 14, 2014, the Board of Supervisors approved a resolution supporting an application of $500,000 of matching transportation funding through the VDOT 2015-2016 revenue sharing program; and WHEREAS, the Tanglewood Drive/Hummingbird Lane project was one of the projects under this program; and WHEREAS, on March 25, 2015, the project was rebid and a contract was awarded in the amount of $297,929; and WHEREAS, a determination was made that this will be a locally administered project; and WHEREAS, $85,037 of the project is within the VDOT right-of-way and is eligible for a fifty/fifty (50/50) revenue sharing grant; and WHEREAS, $42,518.50 of the project budget will be funding from VDOT with a match of $42,518.50 provided from the VDOT revenue sharing account; and WHEREAS, the remaining project budget will be funded from account 103107- 5850 in the amount of $128,000.00 and from account 103109-5850 in the amount of $99,788.00; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on October 27, 2015, and the second reading was held on November 10, 2015. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: November 10, 2015 524 1. That the sum of $42,518.50 is hereby appropriated for the purpose of improving the drainage system at Tanglewood Drive and Hummingbird Lane; and 2. That the sum of $42,518.50 is allocated from account 102462-5850, $128,000 from account 103107-5850, and $99,788 from account 103109- 5850 for the purpose of improving the drainage system at Tanglewood Drive and Hummingbird Lane; and 3. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None 3. Ordinance amending Section 5-24 “Limitation on number kept per dwelling unit” of Chapter 5 “Animals and Fowl” of the Roanoke County Code to provide for an increase in the number of dogs permitted under a volunteer fostering program (Daniel R. O’Donnell, Assistant County Administrator) Mr. O’Donnell advised there were no changes from the first reading. There was no discussion. ORDINANCE 111015-7 AMENDING SECTION 5-24 “LIMITATION ON NUMBER KEPT PER DWELLING UNIT” OF CHAPTER 5 “ANIMALS AND FOWL” OF THE ROANOKE COUNTY CODE TO PROVIDE FOR AN INCREASE IN THE NUMBER OF DOGS PERMITTED UNDER A VOLUNTEER FOSTERING PROGRAM WHEREAS, Article 6 of Chapter 65 of Title 3.2 of the Code of Virginia grants authority to local governments to adopt ordinances to address comprehensive animal care; and WHEREAS, the Board of Supervisors of Roanoke County finds that the fostering program will encourage the adoption of dogs and will minimize if not eliminate the euthanization of dogs confined at the regional pound operated by the Regional center for Animal Care and Protection (RCACP); and WHERAS, RCACP has developed an animal fostering program with regulations designed to insure the protection of the dogs involved and the qualifications of the volunteers; and WHEREAS, the first reading of this ordinance was held on October 27, 2015, and the second reading was held on November 10, 2015. November 10, 2015 525 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 5-24 of the Roanoke County code is hereby amended to read as follows: Sec. 5-24. - Limitation on number kept per dwelling unit. (a) The harboring or keeping of more than three (3) dogs over four (4) months of age per dwelling shall be unlawful, unless a multiple dog permit has been issued pursuant to this article. The harboring or keeping of more than six (6) cats over four (4) months of age, of which no more than two (2) may be fertile, per dwelling shall be unlawful. The requirements of this section shall not apply to any dwelling which is part of an active agricultural operation or usage as defined by the zoning ordinance for the county. (b) As of July 26, 2005, allow a sixty-day period to register four (4) dogs if the dogs are owned currently and upon the death of one (1) of the four (4) dogs, the homeowner would be allowed to maintain three (3) dogs from that point forward. (c) Any person participating in a dog foster adoption program sanctioned by the Regional Center for Animal Care and Protection may be permitted to keep no more than four (4) dogs over four (4) months of age per dwelling for a period of Ninety (90) days, unless an extension is granted by the foster adoption program, so long as the person is in compliance with all of the regulations in the foster adoption program. 2. That this ordinance shall be effective from and after its adoption. On motion of Supervisor Peters to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance amending Section 10-45 “Peddler and Itinerant Merchants” of Chapter 10 “Licenses” of the Roanoke County Code by reducing the license tax for this category of persons and businesses (Nancy Horn, Commissioner of the Revenue) Mr. Mahoney advised no changes from first reading. Chairman Peters opened and closed the public hearing with no citizens to speak on this item. There was no discussion. November 10, 2015 526 ORDINANCE 111015-8 AMENDING SECTION 10-45 “PEDDLER AND ITINERANT MERCHANTS” OF CHAPTER 10 “LICENSES” OF THE ROANOKE COUNTY CODE BY REDUCING THE LICENSE TAX FOR THIS CATEGORY OF PERSONS AND BUSINESSES WHEREAS, the Board of Supervisors of Roanoke County finds that reducing the business license tax for a growing and new classification of businesses known as food trucks, which are currently classified as “peddlers and itinerant merchants”, would promote economic development in Roanoke County; and WHEREAS, reducing the business license for this classification of businesses would encourage the entrepreneurial development of small businesses in Roanoke County; and WHEREAS, reducing this license tax from a maximum of $500 in any one (1) year to a maximum of fifty dollars ($50) in any one (1) year would be consistent with a neighboring jurisdiction. WHEREAS, the first reading of this ordinance was held on October 13, 2015, and the second reading and public hearing was held on November 10, 2015. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 10-45. – Peddler and itinerant merchants of Article III. – Special License Provisions of Chapter 10 – Licenses be amended to read and provide as follows: Sec. 10-45. - Peddler and itinerant merchants. (a) Any person who shall carry from place to place any goods, wares, or merchandise and offer to sell or barter the same, or actually sell or barter the same, shall be deemed to be a peddler. Peddlers of family supplies of a perishable nature and peddlers of ice, wood, or coal shall pay for the privilege of engaging in such business a license tax of fifty dollars ($50.00) per year. Peddlers of general merchandise shall pay for the privilege of engaging in such business a license tax of two hundred fifty dollars ($250.00) per month, or fraction thereof, per vehicle and not to exceed five hundred dollars ($500.00) in any one year. (b) An itinerant merchant is any person who engages in, does or transacts any temporary or transient business in the county and who, for the purpose of carrying on such business, occupies any location for a period of less than one year. Any itinerant merchant of family supplies of a perishable nature and of ice, wood, or coal shall pay for the privilege of engaging in such business a license tax of fifty dollars ($ 50.00) per year. Itinerant merchants of general merchandise shall pay for the privilege of engaging in such business an annual license tax in the amount of five hundred dollars ($500.00). (c) For purposes of this section, "family supplies of a perishable nature" shall include meals from food trucks, meats, milk, butter, eggs, poultry, game, vegetables, fruits, flowers, plants, seafood, sandwiches, or other farm products. All other products— November 10, 2015 527 except ice, wood, or charcoal—shall be considered "general merchandise." Prior to the issuance of any business license to a peddler or itinerant merchant of family supplies of a perishable nature, the applicant shall provide proof of any required permit or license from the Health Department. (d) This section shall not apply to those who sell or offer for sale in person or by their employees ice, wood, charcoal, or family supplies of a perishable nature grown or produced by them and not purchased by them for sale. Anyone exempt under this paragraph must provide proof of such exemption upon request. 2. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None IN RE: CONSENT AGENDA RESOLUTION 111015-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for November 10, 2015, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes – September 22, 2015 2. Confirmation of reappointment of Jessica Webb to the Blue Ridge Behavioral Healthcare Board of Directors 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Mark “Randy” Wimmer, Chief Inspector-Field Supervisor, upon his retirement after more than twenty-one (21) years of service 4. Resolution adopting the 2015 Roanoke County Emergency Operations Plan 5. Request to accept and allocate additional grant funds in the amount of $1,150 from the Jacqueline S. (Jackie) and Shelborn L. (S.L.) Spangler Fund of Foundation for Roanoke Valley to Roanoke County Fire and Rescue for the purchase of equipment for Bent Mountain station On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: November 10, 2015 528 AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A-111015-9.a RESOLUTION 111015-9.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MARK “RANDY” WIMMER, CHIEF INSPECTOR-FIELD SUPERVISOR, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-ONE (21) YEARS OF SERVICE WHEREAS, Mark “Randy” Wimmer was employed by Roanoke County on August 8, 1994, and has served as a Building Inspector, Combination Code Compliance Inspector and Chief Inspector-Field Supervisor during his tenure with Community Development; and WHEREAS, Mr. Wimmer retired on November 1, 2015, after twenty-one (21) years and three (3) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Mr. Wimmer, throughout his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, during Mr. Wimmer’s time serving the citizens of Roanoke County, he served as Acting Building Commissioner, and Chief Inspector/Field Supervisor. Not only has Randy held these positions, he has also been a great educator in the construction field in Roanoke County. He has taught homeowners, contractors and co- workers helping everyone stay current with the changing building codes and techniques. In addition to his regular trade inspection experience in the construction industry, Randy was also recognized by the Virginia Soil and Water Conservation Board as an Erosion and Sediment Control Inspector and received training from the Virginia Department of Environmental Quality on Stormwater Management. WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the MARK “RANDY” WIMMER appreciation of the citizens of Roanoke County to for more than twenty-one (21) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. November 10, 2015 529 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None RESOLUTION 111015-9.c ADOPTING THE 2015 ROANOKE COUNTY EMERGENCY OPERATONS PLAN WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia recognizes the need to prepare for, respond to and recover from natural and manmade disasters; and WHEREAS, Roanoke County has a responsibility to provide for the safety and well- being of its citizens, businesses and visitors; and WHEREAS, Roanoke County has established and appointed the County Administrator as Director of Emergency Management and assigned the Coordinator of Emergency Management position in the Fire and Rescue Department; and WHEREAS, the Roanoke County Board of Supervisors has reviewed the 2015 Emergency Operations Plan including the Basic Plan and the Emergency Support Functions; and NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke Virginia, this Emergency Operations Plan as revised is officially adopted; and FURTHER, that the Director of Emergency Management is tasked and authorized to maintain and revise as necessary this document over the next four (4) year period and at such time be ordered to come before this Board for review. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, McNamara, Peters NAYS: None A-111015-9.d IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS The following citizens spoke: Mary O’Conner stated she came to talk about United Way proposal with Planned Parenthood and she is saddened that the whole topic was tabled. It is her understanding that tax dollar money was used to promote United Way and if you do, and she believes they are, directly or indirectly supported Planned Parenthood. There November 10, 2015 530 is a rising number of people who are very concerned about Planned Parenthood, the number of abortions and lives taken here and she really thinks that the Board should look into this matter a little bit more closely. She thinks it is wonderful that November is National Adoption Month when more babies could be born and thus adopted and she would like the issue to be further pursued. At least, disassociate Roanoke County from United Way funding until this is taken care of. Keith Moore stated he appreciates the opportunity to speak in front of the Board today. He is here today to speak on behalf of the citizens of his neighborhood, Whitney Estates off of Wood Haven Road and in recognition of the results of the election last week would like to speak about the service of sixteen years that they have received from Mr. Church. He has served the residents of the Catawba District with compassion, conviction and foresight and would like to recognize that during his campaign he ran a very positive campaign focusing on his accomplishments rather than what we see too often nowadays the negative as other candidates have done. He is a good example for all people running for different offices to follow. If you have not done anything, maybe you don’t deserve the job. Butch has done quite a bit for the County in sixteen (16) years and he thought he deserved the job and has supported him all the way through the election process. He stated he would like to draw Ms. Moore in as well because he did not see any negative campaigning on her part and thanked her for that. He stated he is one of the citizens who cringes when he sees misrepresentations and falsehoods and half-truths, etc. in the media. On behalf of his neighborhood, he would like to thank Mr. Church on his representative of Whitney Estates and the resident of North Lakes community in the fight several years back against approving the water authority’s request to build a ten-story water tank behind his house and behind Northside Middle School, which would have been an eyesore. At the time, he commented to the Board that the best place to put that would be over at the Green Ridge Recreation Center and low and behold, here it is three (3) years later and they are installing it at the Green Ridge Recreation Center. So, once again Mr. Church, they thank him so much for representing our neighborhood, our community, Northside Catawba, Glenvar for so many years and it is going to be a loss for all the citizens that you are no longer available to us. Katie Saunders stated as a proud Roanoke County teacher and love her job but is concerned about some things that have been portrayed by members here and words that have been said and she feels that a few things need to be set straight in the comments that have been made. Even though she loves her job, she loves what she does, she loves working with her students, it takes a toll on her family. There were some comments that were made just recently today that do not set well with her. She is not the average teacher making $50,000 a year. She is below that average; that average does put her in the poverty level for her family of three because she is the only source of income for her family. She feels that we are going to be talking about issues when it comes to unfair teacher pay or unfair teacher compensation and we need to get the facts straight. It is an issue. Is it the only issue in education, no, there are a lot November 10, 2015 531 more, but it is a very big issue and she feels that teachers have been portrayed recently in media reports and by some comments that have been made that we are whinny and complaining because we do not get paid enough. This is not true. She feels that we need to be respected for the job that we do, regardless of what our pay is and we need to be treated in a higher regard than whinny people complaining about pay. She is thankful for the time that has been spent when it comes to our salaries and the times when it has been discussed. She is just taken aback at some of the things that have been said, especially when comments were made that she can work 47 non-teaching days in the summer. Yes, she may not work during the summer, but she is laid off during the summer, she is not paid for her time off during the summer. She is forced to take a second, third and sometimes fourth job to make end meet for her family and she feels that this is an issue that needs to be talked about more and you need to come and ask us and not just a certain few of us who have said that there are other issues. She agrees that if we are going to be talking about salary and things, you need to be getting the truth on the issue and coming and asking more of us who are in the trenches and having to survive and make ends meet for our family on the little bit that they do receive. Again, she stated she loves what she does. She is very proud to be an educator and very proud to be a dedicated employee of Roanoke County school and will stand by that. However, she does feel that it is time to talk more about making the pay a little bit more equal. Max Beyer stated he lives at 2402 Coachman Drive in LaBellvue. He congratulate the winners of the elections, but also want to recognize Ms. Moore and Mr. Church who he has spent a lot of time with over the last four to five years and has been helped a lot by their performance of their duties and wish them Godspeed and thank you for all you have done for the County. He stated he supports the passage of the resolution by the Board on United Way. Some time ago, the use of human body parts for sale and experimentation has been revealed to the public. This is an activity that many find abdominal and unacceptable, which County government should not be associated in any way directly or indirectly. Despite numerous examples of sufficient proof supporting the assertion that Planned Parenthood is in fact providing these services neither the local organization cited in the videos, the National leadership, nor the local Parenthood office have denied that they acts have not been committed. Nor are they indicated in any matter that they are moral. These organization have also not disclaimed their continuation of these programs. Instead they have alleged the whole thing was a farce, fabricated and distorted. Planned Parenthood holds out that they did not make a profit and by the very nature of a nonprofit organization, they are legally excluded from making a profit. It is a play on words to deceive the public. Finally, donors avow they did not contribute funds for such activities. Although we recognize that money can be used for any purpose and donations can be used for any purpose by the recipient unless it is restricted by the donor. No restriction has been made by the United Way to his knowledge. At the end of the day, nothing has happened, nothing has changed since these revelations were made many, many months ago. Since then it November 10, 2015 532 has continued into the future and who knows how far these actions are going to continue to take place. Despite what you have seen and heard from the furor of the citizens, this Board has done nothing. Ironically, this Board is quick to protect the property rights of citizens in the County on the Mountain Valley Pipeline and to protect animals, wildlife, but have set idly by in the face of the monstrous destruction of human beings in the Valley. Many of us citizens are appalled and embarrassed by this. He stated he thinks this Board cannot equivocate. It is either for or against the use of humans as scientific experimentation in highly questionable procedures as identified by the videos and testimony and he asked the Board to resurrect and to pass this resolution. IN RE: REPORTS Supervisor Moore 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 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore thanked the Virginia Association of Counties (VACo) and staff for another great conference this year. They do a great job on representing our counties and they fight for our counties and funding for localities. She also would like to thank the Roanoke County Police Department Honor Guard who came presented at the meeting. They did a great job; they make us proud. Supervisor Bedrosian stated when he came in today he thought the resolution we had about stopping our assistance with United Way to stop funding Planned Parenthood would be voted down. It does not surprise him that a member of the majority would silence even this opportunity to present this resolution, because it has happened before. On several occasions, he was not given the opportunity to put forth the resolution. However, what is great about our system of government is that he is a representative of the people; they elected him and he gets ten (10) minutes to talk about this resolution so you all can hear what it was about. Over time, he has been very consistent. He has always votes against using taxpayer dollars for any nonprofit organization. That is not our job. With respect to the United Way of the Roanoke Valley, this was highlighted even more significantly because it was brought to our November 10, 2015 533 attention that the United Way of the Roanoke Valley was helping Planned Parenthood. Again, normally this would be none of his business because he thinks people in their private lives should be able to do what they want to do. If they want to give money, let them give all the money they want to Planned Parenthood; that is their deal. However, when it becomes his deal is that Roanoke County is helping to facilitate partnering with United Way. This is where he thinks we have a say. We provide taxpayer dollars. Every dollar that we help the United Way with, whether we have a breakfast for them here. He just received a report about the fundraising they were doing and all the award winners of Roanoke County employees that were given days off for helping out, a $100 gift certificate or a $20 gift certificate; that does not come out of thin air and comes from taxpayer dollars. We are helping facilitate this. This is why we think we need to discuss this issue. If we cut off our relationship with United Way in terms of giving them any money at all, then it would be their own business. If there was a Confederate flag on top of the Planned Parenthood building, we would have dissolved our relationship with them a long time ago, but because Planned Parenthood is only killing babies, we do not dissolve our relationship with Planned Parenthood through the United Way. So, he is going to take time to read the resolution that he was going to present earlier, “AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 10, 2015, RESOLUTION REQUESTING THE UNITED WAY OF THE ROANOKE VALLEY TO CEASE ITS FINANCIAL SUPPORT FOR PLANNED PARENTHOOD HEALTH SYSTEMS IN ROANOKE, VIRIGNIA, WHEREAS, over three hundred and fifty (350) people (according to media reports) demonstrated outside of Planned Parenthood on Peters Creek Rd. in Roanoke, Virginia on August 22, 2015, protesting the direct and indirect funding of Planned Parenthood by local, State, and Federal governments; and WHEREAS, hundreds of individuals from around the Roanoke Valley take part every year in the Forty (40) Days for Life vigil outside of Planned Parenthood. This vigil is conducted for forty (40) consecutive days each Spring and Fall to bring attention to the atrocities being committed at Planned Parenthood and praying for the end of abortion and the closing of Planned Parenthood; and WHEREAS, every year on the first of October, one hundred to one hundred and fifty (100-150) individuals from around the Roanoke Valley gather at the intersection of Orange Ave and Williamson Rd. to pray for the end of abortion and the closing of Planned Parenthood; and WHEREAS, investigative, undercover videos appear to reveal that Planned Parenthood has been involved in the selling of body parts; and WHEREAS, in 2011 an undercover sting operation revealed that Planned Parenthood appeared to be aiding the sex traffickers of minor girls by supplying STD testing, confidential birth control and abortion information; and WHEREAS, as citizens can view for themselves the types of activities that go on at Planned Parenthood of the Roanoke Valley at http://liveaction.org/blog/full-footage/; and WHEREAS, every year hundreds of babies are aborted at the Planned Parenthood on Peters Creek Rd. In 2014, 813 babies were aborted and their contributions to society were ended; and WHEREAS, the United Way November 10, 2015 534 of the Roanoke Valley has taken an extreme position with only five percent (5%) of other United Ways in supporting Planned Parenthood; ninety-five percent (95%) of other United Way organizations do NOT support Planned Parenthood; and WHEREAS, each year Roanoke County uses taxpayer dollars to help facilitate and promote The United Way of the Roanoke Valley and their fundraising efforts; and WHEREAS, all other services besides abortion that Planned Parenthood provides are services that women can receive from other organizations in the Roanoke Valley.” Supervisor Church stated he has a brief comment, but only because he reads this differently. It is about the Planned Parenthood resolution. The resolution requesting the United Way of Roanoke Valley to cease its financial support of Planned Parenthood. He does not know of anybody who likes abortion. He did not vote to stop or control employees to use their own money, but thinks this is a different question. This was a simple thing saying, he thinks morally, spiritually that he feels like since Planned Parenthood is doing this wrong, what would be wrong with asking by resolution for them to cease its financial support. He is more disappointed that the citizens did not get a chance to hear a healthy discussion; that is a sad thing. Supervisor McNamara stated he had an opportunity to sit through a number of different financial presentations over the past few days as they related to the State finances and that obviously impacts the County as well. One of the things that one of the speakers brought up was teacher pay. He wants to touch briefly on what is going on at the State and County level relate to that. First, the Virginia Association of Counties of which Roanoke County is a member have made their top priority, their top legislative priority each year for the current State budget, funding for K-12. They have made that their first and number one priority. He does not know exactly what day that was voted on, but it was relayed to him and a number of other people, just yesterday. Why did they make that their number one priority? It is because if you look at the analysis of trend lines, both on percentage of State revenues that went to K-12 or you looked at just from a raw number perspective, the support for K-12 education from the State has dropped pretty significantly over 2009, which he thinks is the last fiscal year they are using. During the last six (6) years, there has been some significant drops. To try to quantify those drops from a raw dollar percent, it was about eight percent (8%). If you take it into account, even though there was a very small inflation over that period of time and take inflation into account, excuse him, the raw dollar percent was about three or four percent (3 to 4%) and there was a another three or four percent (3 or 4%) to make it eight percent (8%) based on the change of population levels over that time. So, if you take the change in State population and you look at the total real amount of decline, it was almost sixteen percent (16%). So, that is why not only Roanoke County, but many school districts are feeling a lot of pain right now. The good news to that is there is a pretty good revenue uptick this year in the General Assembly that just ended that creates the forecast for next year going forward. So, after many years of one or two percent (1 or 2%) growth, the State was at eight point one percent (8.1%) last year, which again raises the base for the next year going forward. Also, equally important he November 10, 2015 535 thinks, there is a recognition or realization on this Board as well as the School Board in Roanoke County of the fine job that the teachers and educators do. In fact, the issue we do have is about compensation in that area. He thinks, just hold on, he thinks it is going to be addressed. He knows it will be addressed this year. We did do a couple of things in the last few years to try to start that process. Another thing that is interesting is throughout some of the fiscal stress that Counties have been under, again, because a lot of our money comes from the State. If the State has less money, we have less money, so we either need to cut programs, improve efficiencies, which you can only improve to some certain degree and then you cannot improve efficiencies anymore or raise taxes. It is interesting in the last two (2) fiscal years, fifty-seven (57) counties (he is not sure of the exact number of counties in the State of Virginia. Say there are about a hundred (100), not sure that is the right number. Fifty-seven (57) counties raises taxes in the past two years. Roanoke County lowered its taxes last year. Roanoke County lowered a tax today. So, he thinks it is a testament to our staff and administrative that we were able to get through some of these downturns. We have not burdened our citizens with a special tax rate, but have done the things to improve efficiencies of government. Congratulations to them; there are a number of other really interesting stuff that came out, but since it was only interesting to him he will not talk about it. Supervisor Peters thanked all the voters who came out last Tuesday; enjoyed having conversations about a lot of things with a lot of people. He wants to thank our teachers, our educators, thank you for everything you do. You have a hand in making them be who they are going to be. Secondly, he continues to thank our County employees, if not for them, the Board could not do anything. He appreciates everything they do. Lastly, tomorrow is Veterans Day. Thank you to all of our Veterans, because without you, we would not be here and we would not have a free Country in which to live and he sincerely appreciates everything that you have done. At 5:04 p.m. Chairman Peters recessed to the fourth floor for work session. IN RE: WORK SESSIONS 1. Work session to discuss with the Board of Supervisors the Fiscal Policy, Debt and sources of funding for the capital improvement program (Rebecca Owens, Director of Finance) Supervisor Church was not in attendance. The work session was held from 5:24 pm until 6:07 pm. Ms. Owens provided a PowerPoint presentation. Advised November 17, 2015, all departments will submit their capital needs for the next ten years. Supervisor McNamara inquired if the schools would do the same. Mr. Thomas C. Gates, County Administrator stated he felt they would submit for Cave Spring High School. 536 November 10, 2015 Supervisor Bedrosian stated short term costs more and that the interest rate is higher. Chairman Peters stated government funding is different than what is done in our daily lives. Supervisor McNamara explained the grouping with other localities that helps keep the interest rate down. He added they may not be able to find others to group together for a shorter period of time. Supervisor Bedrosian asked why don't we put the money in and pay for what we want out of this fund? Mr. Gates explained you could but look at what has been put into the fund. A new building is going to cost more. This would create a cash burden in order to do this. Supervisor Bedrosian commented that we would have $8 million in interest payments so that would take care of the cash burden. Mr. Gates explained when you cash fund all of those things, the cost of acquiring the cash assets is completely born by a single generation. The cost is spread across the generation. General Obligation Bonds have a relatively low interest; relatively inexpensive money. Supervisor Peters inquired where are you going to pay for it, with Supervisor Bedrosian asking if we continue this forever. Mr. Gates commented most of the debt has gone to libraries and schools. Supervisor McNamara asked what the reoccurring numbers were with Ms. Owens explaining reoccurring are funds that have been set aside in the General Fund that is for capital improvements, capital maintenance. It is also money that has been set aside for stormwater. So, it is cash that is funding capital items in our CIP that have reoccurring expenses. Supervisor McNamara stated so we are going to do things like the trash trucks in the CIP going forward. Mr. Gates advised they would be putting trash trucks in the equipment replacement schedules. IN RE: ADJOURNMENT Chairman Peters adjourned the meeting at 6:00 p.m. to a special meeting to be held on November 17, 2015. S • itted by: Approved by: f De•orah C. Ja : P. Jason eters Chief Deputy !Werk to the Board Chairman