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HomeMy WebLinkAbout11/8/2017 - Regular November 8, 2017 397 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 November 2017. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: OPENING CEREMONIES Before the meeting was called to order, a moment of silence was observed. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Supervisors George G. Assaid, Martha B. Hooker and P. Jason Peters MEMBERS ABSENT: Supervisor Al Bedrosian STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R. O’Donnell, Assistant County Administrator; Richard Caywood, Assistant County Administrator; Ruth Ellen Kuhnel, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of Sgt. Jeffrey A. Johnson for his selection as a 2017 recipient of the International Association of Chiefs of Police "40 Under 40" Award (Howard B. Hall, Chief of Police) Recognition was given. November 8, 2017 398 IN RE: BRIEFINGS 1. Briefing to update the Board of Supervisors on the Mountain Valley Pipeline project (Richard L. Caywod, Assistant County Administrator) Mr. Caywood provided the briefing. IN RE: NEW BUSINESS 1. Resolution adopting a Legislative Program for the 2018 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed herein (Ruth Ellen Kuhnel, County Attorney) Ms. Kuhnel outlined the resolution. Chairman McNamara commented he felt it was a good resolution. There was no discussion. RESOLUTION 110817-1 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2018 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of statewide concern to be considered by the 2018 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2018 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2018 session of the Virginia General Assembly for its favorable consideration and adoption. (1) Transportation. a. The County continues to be concerned about funding for our public highways and roadways, and respectfully requests continued efforts on:  Widening and improving safety on I-81 between Exit 118 and Exit 150;  Improvements to State Route 419 between U.S. 220 and I-81, particularly improvements that implement the draft 419 Town Center Plan; November 8, 2017 399  Improvements to State Route 460 with emphasis on increased capacity between I-581 and Alternate 220;  Safety improvements to U.S. 220 between State Route 419 and Rocky Mount;  Funding for construction of I-73; (Resolution attached)  The County supports a robust revenue sharing program with adequate funding to encourage localities to target and improve its critical roadways. b. Smart Scale  While the General Assembly through HB 2313 (2013) addressed transportation needs throughout the Commonwealth (“Smart Scale”), the County also urges a close and ongoing monitoring and evaluation of the Smart Scale model to ensure that local needs are met.  The County urges restored funding for the Six-Year Secondary Road Plan to fill in the gap for general roadways to assist local governments in assuring needed secondary roads to best serve the localities unique needs.  Mandate that Total Cost be used in Smart Scale benefit/cost calculations instead of Smart Scale Request Cost (2) Telecommunications. a. Broadband  The County strongly supports efforts to expand broadband capabilities in underserved and rural areas including protecting and enhancing local authority to deploy broadband or partner with others, public or private, to adequately serve unserved and underserved areas.  Efforts to enhance the deployments of 5G technology must include expansion of high-speed service to rural areas. b. Local land use and wireless  Retain local decision making and authority for siting of telecommunications facilities, including small cell.  Retain local cost recovery fees to adequately review technical industry applications. (3) Opioids.  The County supports all efforts, both state and federal, to support solutions to the opioid crisis facing our citizens. (4) Children’s Services Act.  The County supports monitoring the implementation of policies by the State Executive Council that provide guidelines for public participation in its process of developing and adopting policy. The County supports November 8, 2017 400 equitable cost-sharing between the state and localities for the costs involved in the placements of children in residential treatment facilities for non-educational reasons. The County opposes proposals to limit state participation in funding services for children and youth who are mandated to be provided with special education and foster care services. (5) Advertising-Public Notices  The advent of social media and other electronic forms of communication has fundamentally reshaped the means for disseminating information to the public.  The County supports legislation that would grant localities greater flexibility to meet certain legal notice requirements including the authority to advertise legal notices on local radio, television or on the locality’s website, in lieu of the newspaper advertisement requirement. (6) Law Enforcement and Mental Health  The County strongly supports a sustained focus by the state on Virginia’s mental health services system to ensure, through evaluation and investment, that appropriate and effective outpatient and in-patient services are available across the Commonwealth.  The County encourages reforms that provide for alternative placement for local jail inmates with serious mental health issues which should not be left to be addressed by jail personnel. (7) Local Retention of Revenue for Internet based services  In January 2017, the Board adopted a resolution to support federal legislation to collect and remit sales taxes structured on a system of collection based upon the purchaser’s location.  The County has a duty to protect its local retailers by leveling the playing field with Internet competitors most notably in the lodging or ride-sharing services.  If the Commonwealth should take action to regulate private enterprises employing a business model that emphasizes the use of the Internet to provide retail or facilitate lodging or ride-sharing services, then local governments should be included in the decision making.  To include local government in the process ensures safety, reliability and access for consumers, providers and the public.  Local governments should regulate the businesses equally whether they are traditional, electronic, Internet-based, virtual or otherwise. (8) State and Local Fiscal Relationship  As the Commonwealth and the Federal governments add new programs, modify existing program guidelines and promulgate November 8, 2017 401 complex regulations and higher standards for local governments to implement, then portions of funding inevitably revert to a local burden, i.e. Stormwater regulations.  Local general fund revenue and special funds should not be confiscated or re-directed to the state treasury. (i.e., proposed short term rental taxing)  Specific local revenue authority should not be upended or restricted without granting alternative revenue sources, including Business, Professional, and Occupational Licenses tax and Machinery and Tool tax discussion.  The County requests that local governments be included in study commissions or other bodies formed to review local revenue authority or governance. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian 2. Resolution requesting that the President of the United States and the U.S. Congress continue the Federal Historic Tax Credit Program (Jill Loope, Director of Economic Development Ms. Loope outlined the resolution. There was no discussion. RESOLUTION 110817-2 REQUESTING THAT THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS CONTINUE THE FEDERAL HISTORIC TAX CREDIT PROGRAM WHEREAS, the federal Historic Tax Credit program (HTC) as we know it today was put in place by Congress and the Reagan Administration to attract capital to historic rehabilitation projects that help stimulate local economies; and WHEREAS, since the inception of the HTC, it has created over 2.4 million jobs, rehabilitated more than 42,000 buildings, and leveraged $131.8 billion in private investment; and WHEREAS, recognizing the importance of this successful federal economic development program, more than 35 states have enacted complementary state historic tax credit programs to help revitalize the commercial downtowns of their cities and Main Street communities; and November 8, 2017 402 WHEREAS, federal HTC projects have a 99 percent success rate, leverage four private dollars for every dollar of federal support, and are catalytic, building neighborhood confidence and generating follow-on projects for blocks around; and WHEREAS, over the life of this program, the HTC has generated $29.8 billion in federal tax revenues compared to $25.2 billion in credits allocated—more than paying for itself; and WHEREAS, the federal HTC program, combined with the Virginia Historic Tax Credit program is a powerful tool that has led to the development of such vacant and blighted buildings in Roanoke County such as the former Roland E. Cook School building and the former William Byrd High School. Because of these programs, these buildings were returned to a productive reuse and taxable status. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County in due regular and legal session convened, that the Roanoke County Board of Supervisors supports the federal Historic Tax Credit program and urges the President of the United States and the United States Congress to continue the federal Historic Tax Credit program. FURTHER, The Board of Supervisors directs the Clerk to provide attested copies of this resolution to The Honorable Paul Ryan, Speaker of the United States House of Representatives, The Honorable Bob Goodlatte, Chairman of the House Judiciary Committee, The Honorable Mitch McConnell, Senate Majority Leader of the United States Senate, The Honorable Mark Warner, United States Senator, and The Honorable Tim Kaine, United States Senator. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian IN RE: CONSENT AGENDA RESOLUTION 110817-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: November 8, 2017 403 That the certain section of the agenda of the Board of Supervisors for November 8, 2017, designated as Item G - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Approval of minutes – September 26, 2017 2. Confirmation of appointment to the Clean Valley Council 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Kathryn S. Crawley, Business Systems Analyst III, upon her retirement after more than ten (10) years of service On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian A-110817-3.a RESOLUTION 110817-3.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO KATHRYN S. CRAWLEY, BUSINESS SYSTEMS ANALYST III, UPON HER RETIREMENT AFTER MORE THAN TEN (10) YEARS OF SERVICE WHEREAS, Ms. Crawley was employed by Roanoke County on July 23, 2007 on a full-time basis; and WHEREAS, Ms. Crawley will retire on November 1, 2017, after ten (10) years and three (3) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Ms. Crawley’s tenure with the Information Technology Department, she has served with professionalism and dedication in providing services to the citizens of Roanoke County; WHEREAS, throughout Ms. Crawley’s career with Roanoke County on the Communications and Information Technology Application Services team, she provided excellent support and development for Tyler Munis Tax, Cashiering, Animal License, Citizen Self Service, Content Management and Real Estate and Personal Property billing. She devoted many hours to conversion and testing for the HP to Munis migration and subsequent upgrades, and challenging owner and billing data mismatches and issues. She performed her work with dedication, humor and focus, and provided expertise to newer co-workers on the Tyler environment. Her support of system users in the Commissioner of Revenue, Clerk of Court, Finance and Roanoke and Town of Vinton Treasurer’s offices was valued, as was her support of the team in CommIT. She November 8, 2017 404 was a trusted resource for working through complex vendor issues and business process changes. She will be missed by all of her team and co-workers; and WHEREAS, 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 KATHRYN S. CRAWLEY for more than ten 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. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS Don Divers of 6112 Buckland Mill Road stated they had a situation; and if he was a younger man he would either be in jail or dead. We have two neighborhood people there that the properties are never taken care of. Three years ago, another neighbor has since passed away and himself came down and talked to a gentleman that he has forgotten his name and since then there have been several letters written and the locations, he guesses it does not make any difference, 5932 and 5948 Buckland Mill Road. They have not been cutting their grass. They have cars sitting there. They did have six (6) cars sitting there in one yard, right at the entrance to Buckland Mill Forrest. They have, since we have raised Cain, depleted those cars somewhat, but they have a ditch about four to five foot deep with water in it, mud in it and it is right at the entrance to our neighbor. Down on the other end, there is a gentleman, who has dementia like he is getting and he has two cars sitting there. One has been sitting there for three years with a flat tire; and it is just grating on all of us. Most of the people in the neighbor take care. We are trying to get something done and unfortunately, with winter coming on, it will not show as bad as it does in the summer. In the summer, the gentleman with the car with a flat tire, his grass gets up to two feet. They say that the ordinance for the zone is the length that you have to your grass. He cannot believe that you have to wait until the grass gets 12 inches high before cutting. It is just getting to that point. He went around, and he has bad legs and fell three times, and got about eighty (80) signatures when he quit and he did not have anybody to refuse it. It was a letter explaining the situation, trying to get something done and he had to quit because he had nobody to turn him down and he could have gotten probably thirty (30) or forty (40) names. By the way, two years ago the gutter fell down and hung there for three months. He finally called the guy who came out there and took the gutter and put it back up, nailed, it would have cost $100 to do it because he owns some November 8, 2017 405 duplexes and he knows that it cost. They nailed it back, that is all they did and just recently they confronted him and that is why he is old, he would have been in trouble if he were a younger man. He does not know what nationality they are, but it must be five or six families that live there. At one time, they had six cars and after we had this mouth to mouth talk, they did move about four of them away from time to time. It is embarrassing to the people. He hopes to live there the rest of his life, but it is going to be hard for people to sell the house, if these people continue to do that. So, he does not know what you people can do about it. He asked his neighbor if she wanted to speak. Chairman McNamara advised we would have staff look into and correct any violations. Mr. Divers responded that they already looked into and reported there were not any violations and he cannot believe if you go out there and look at that ditch coming into the main entrance with water and mud in the road. He said that is not a violation; he cannot believe that anybody that buys a house in that neighborhood cannot afford to fix that ditch. Mr. Gates responded that he has had conversations with Mr. Covey and his staff. They have gone to the location and we have taken some action that we could take under the ordinance and he has asked staff to continue to monitor the area so that if there are additional violations, we are aware of them quickly. LaVania Harrell of 6104 Buckland Mill Road stated the Hollins representative is not here today, but they really just wanted to come and say could they please not be forgotten in Buckland Forest. She appreciates the letter that she just received, she was out of town in Arizona, and when she got back she had a letter from Mr. Gates and she so appreciates responding to the letter and the signatures that she mailed in to several in the County. We just feel like we have been sort of yelling for a long time by phone calls and not getting much response. So, hopefully the wheels are turning now, but we have a beautiful community; a quiet community. We do back up to I81 that that is probably the only thing that people despair about when they come into the community, otherwise, she has been told by people that come in that they are the best kept secret in the County. It is a beautiful community, a peace-loving people, but it seems for the last few years, we have been coming up against things as you can tell that her neighbor has been here a lot longer than and she has, it has been about twelve (12) years now, but she just refuses to see it go downhill and they are trying to do anything they can and get some attention focused from the aspect of what the County can do. We realize not everything can be done by the County. We are willing to jump in even if it means offering our volunteer services to help some people who may not be able to mow their grass, but we are not going to do it without going through the right channels, we don’t want to have any liabilities. She appreciates the Board hearing their concerns today. Whatever processes need to be followed we will follow and they just ask that they not been forgotten. November 8, 2017 406 IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion was seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Hooker stated she just had one quick comment. It is really just a note of thankfulness because we are going into the season of thankfulness. She is thankful that we live in a Country and a County were we can go through the election process. Our citizens have spoken and she is looking forward to working with Mr. North. So pleased that she gets to continue to work with Mr. McNamara and Mr. Peters. We have a lot to do and she is looking forward to getting a lot done. Thank you and congratulations. Supervisor Peters thanked the citizens who came out yesterday and he is very humbled by the support that he received yesterday throughout the day at the polls and look forward to another great four years. Also, wants to thank all of our employees. Everything you do each and every day to help us keep the County moving forward. Supervisor McNamara stated he had a couple of quick things. He did want to welcome Phil North, Supervisor Elect, who is in the audience today. Congratulations, we look forward to having him join the Board. Congratulations as well to the gentleman from Vinton on his re-election, Jason Peters. We are delighted to have him on the Board as well going forward and looking forward to a wonderful holiday season and budget time is right around the corner. IN RE: CLOSED MEETING At 3:35 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 1.7. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. The motion was seconded by Supervisor Peters and was carried by the following recorded vote. November 8, 2017 407 AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian The closed session was held from 4:42 p.m. until 5:36 p.m. At 3:36 p.m. Chairman McNamara recessed the meeting to work session and closed session. IN RE: WORK SESSIONS 1. Work session to review with the Board of Supervisors the County's Capital Improvement Program (CIP) including fiscal year 2019-2028 project requests (Christopher R. Bever, Director, Management and Budget) Mr. Bever provided a PowerPoint presentation to the Board. Supervisor McNamara commented on the balanced 10 year plan stating he thinks it is good plan. Supervisor Peters commented he is concerned inflation has not been reflected. Supervisor Assaid stated he is in agreement with Chairman McNamara. Supervisor Peters inquired about protection for Fire and Rescue. Chief Simon stated they have procedures in place based on situations in Las Vegas to be able to go in and treat the injured. Supervisor McNamara asked if we are penalized by existing procurement laws with Mr. Bever responding in the negative. The work session was held from 3:50 p.m. until 4:34 p.m. IN RE: CERTIFICATION RESOLUTION At 5:36 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. RESOLUTION 110817-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and 408 November 8, 2017 WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 5:37 p.m. S 4 • itted by: Approved by: t - / I' 411L4firil / , ' •__ r s-borah C. J. .s•-ph P. McNamara Chief Deputy _ -rk to the Board airman a